VirginiaSB5282026 Regular SessionSenate

Misdemeanor proceedings; competency treatment.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order inpatient or outpatient treatment or (ii) dismiss the charges. Where a defendant is found to be incompetent, the bill permits a court to (a) order that such defendant receive treatment to restore his competency on an outpatient basis in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority, (b) order that such defendant receive treatment to restore his competency on an inpatient basis at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge, (c) order that such defendant be evaluated to determine whether he meets the criteria for temporary detention, or (d) dismiss the misdemeanor charge and release such defendant. The bill has a delayed effective date of July 1, 2027.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 1 costs, 3 mixed.

Emergency mental-health custody rules in 2026

Beginning July 1, 2026, a judge or magistrate may order emergency custody when probable cause shows a serious mental illness, high risk of serious harm, need for treatment, and no willing consent. The order allows needed medical records to be shared. Custody for evaluation cannot exceed eight hours from the time police take the person into custody. Evaluations must be done by a community services board (CSB) designee who completed a Department‑approved certification. Courts may allow alternative transport (a family member, friend, CSB representative, or certified evaluator). Police take initial custody, then hand the person to the approved transporter with a copy of the order. Trained transport staff may use restraint only when needed for safety after less‑restrictive methods fail, and authorized transporters have civil immunity for ordinary negligence tied to this transport. Licensed providers can be paid for medical screening and assessment while a person is in emergency custody, under the existing payment statute.

New rules for court competency checks

The law sets who can run court-ordered competency checks: a psychiatrist or clinical psychologist with approved training on the state list. Evaluations happen as outpatient by default. A hospital check is allowed only if an outpatient evaluator recommends it or the state already has custody. Within 96 hours of the court order, the prosecutor must give the evaluator the warrant or indictment and case details, and defense must share any records. The evaluator must send a written report with findings and treatment advice to the court and lawyers, and a redacted copy goes to the state for peer review. The court decides quickly; a hearing happens only if requested or for cause, and the party claiming incompetence must prove it is more likely than not.

Aggravated murder: secure care if unrestorable

If a person charged with aggravated murder is found not restorable, the charge is not dismissed. The court may order secure treatment in a facility the behavioral health agency designates. The court holds yearly hearings for five years and every two years after. Continued detention requires ongoing incompetence, medically appropriate treatment, and danger to self or others. Only the court can order release.

Faster treatment for incompetent defendants

If a felony defendant is found incompetent, the court orders restoration care, using outpatient care unless it specifically finds a hospital is required. For misdemeanor-only cases, the court can order outpatient or inpatient care, dismiss charges and send the person for an emergency evaluation, or dismiss and release. If inpatient care is ordered, the state hospital must accept the transfer as soon as possible and no later than 10 days, with weekend and holiday extensions. After a treatment order, records and reports must reach the treatment director within 96 hours, with the same weekend and holiday extensions.

Hearings and dismissals for unrestorable cases

If the court finds someone restorable, treatment may run up to six months from admission and can be extended in six‑month blocks, with a hearing each time. For certain misdemeanor defendants, if not restored after 45 days, the director must report; the court then orders release, commitment, or certification and may dismiss charges. When a report says a misdemeanor defendant should be checked for temporary detention, the court can order the community services board (CSB) to evaluate; the CSB must notify the court in writing within 72 hours and file a petition if criteria are met. If the person misses the evaluation, the court issues a mandatory exam order and a transport warrant. If a director says the person will likely stay incompetent, the court must order release or move to civil commitment processes. Charges must be dismissed at the earlier of the would‑be maximum sentence end date or five years from arrest (not for aggravated murder). If the person later regains competency, the prosecutor may refile dismissed charges. Clerks must quickly certify treatment orders to the state’s Central Criminal Records Exchange.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 481 • No: 0

Senate vote 3/9/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

Senate vote 3/6/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

Senate vote 3/6/2026

Reconsideration of House substitute agreed to by Senate

Yes: 40 • No: 0

House vote 3/4/2026

Passed House with substitute Block Vote

Yes: 99 • No: 0

House vote 3/4/2026

Passed House with substitute Block Vote

Yes: 97 • No: 0

House vote 3/2/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

House vote 2/27/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Senate vote 2/17/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote 2/17/2026

Courts of Justice Substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/17/2026

Read third time and passed Senate Block Vote

Yes: 40 • No: 0

Senate vote 2/16/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/16/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 2/16/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0502)

    4/8/2026Governor
  2. Approved by Governor-Chapter502 (Effective 7/1/2027)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB528)

    3/13/2026Senate
  6. Bill text as passed Senate and House (SB528ER)

    3/13/2026Senate
  7. Enrolled

    3/13/2026Senate
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. House substitute agreed to by Senate

    3/9/2026Senate
  11. Reconsideration of House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/6/2026Senate
  12. House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/6/2026Senate
  13. Passed by for the day

    3/6/2026Senate
  14. Passed House with substitute Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  15. Reconsideration of passage agreed to by House

    3/4/2026House
  16. Passed House with substitute Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  17. Engrossed by House - committee substitute

    3/4/2026House
  18. committee substitute agreed to

    3/4/2026House
  19. Read third time

    3/4/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB528)

    3/4/2026Senate
  21. Read second time

    3/3/2026House
  22. Committee substitute printed 26108606D-H1

    3/2/2026House
  23. Reported from Courts of Justice with substitute (22-Y 0-N)

    3/2/2026House
  24. Subcommittee recommends reporting with substitute (10-Y 0-N)

    2/27/2026House
  25. House subcommittee offered

    2/27/2026House

Bill Text

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