Chap. 313.—An ACT to amend and re-enact section 1682 of the Code of Vir-
ginia, as amended and re-enacted by an act approved March 7, 1900, as
amended and reenacted by an act approved April 7, 1903, as
amended and re-enacted by an act approved March 17, 1910, in relation
to the admission to the State hospitals of insane persons charged with
or indicted for crime, etc., etc., and providing for examination into the
sanity of the defendant by experts in insanity by order of the court, etc.,
ete. (H. B. 388.)

Approved March 27, 1914.

1. Be it enacted by the general assembly of Virginia, That
section sixteen hundred and eighty-two of the Code of Virginia, as
amended and re-enacted by an act approved March seventh, nine-
teen hundred, as amended and re-enacted by an act approved March
seventh, nineteen hundred and three, as amended and re-enacted
by an act approved March seventeenth, nineteen hundred and ten,
in relation to the admission to the State hospitals of insane persons
charged with or indicted for crime, et cetera, et cetera, and pro-
viding for examination into the sanity of the defendant by experts
in insanity by order of the court, et cetera, et cetera, be amended
and re-enacted so as to read as follows:

Sec. 1682. If any person who is charged with, or indicted for,
any crime be found, in the court in which he is so charged or in-
dicted, to be insane at the time appointed for trial of such indict-
ment, the court shall order him to be committed to the department
for the criminal insane at the proper hospital, where he shall be
kept in custody and cared for until he has been restored to sanity.
Tf, prior to the time for trial of any persons under complaint of
indictment for any crime, either the court or the attorney for the
Commonwealth has reason to believe that such person is in such
mental condition that his confinement in a hospital for the insane
is necessary for proper care and observation, the said court may
commit such person to the department for the criminal insane under
such limitations as it may order pending the determination of his
mental condition; and in such case the court, in its discretion, may
appoint one or more experts in insanity, or other qualified physi-
cians, not to exceed three, to examine the defendant before such
commitment is ordered, and make such investigation of the case as
they may deem necessary, and report to the court the condition of
the defendant at the time of their examination; for the professional
service rendered the court may allow, payable out of the State
treasury, compensation not to exceed ten dollars a day for each
day the defendant is examined, also the actual amount of necessary
expenses of the expert, but should the examination be made by the
superintendent of one of the State hospitals of this State, then the
amount allowed for services shall not exceed five dollars a day, and
the necessary actual expenses of the superintendent. Itemized ac-
count of expenses, duly sworn to, must be presented to the court and ;
when allowed, shall be certified to the auditor of public accounts |
for payment out of the State treasury, and be by him charged

against the appropriation made to pay criminal charges. Allowance
for the per diem authorized shall also be made by order of the
court duly certified to the auditor of public accounts for payment out
of the appropriation to pay criminal charges. A copy of the com-
plaint or indictment, attested by the clerk, together with the medi-
cal report, shall be delivered with such person to the superintendent
of the hospital to which he shall have been committed under the
provisions of this act. If any such person so removed to the depart-
ment for the criminal insane at the proper State hospital is, in the
opinion of the superintendent, not insane, or when such person, if
insane, has been restored to sanity, he shall forthwith be brought
back to the jail or custody from which he was removed, where he
shall be held in accordance with the terms of the process by which
he was originally committed or confined.

The superintendent shall, from time to time, or as often as the
court may require, inform the court of the condition of the said
person while confined in the hospital.

If any person, after conviction of any crime, or while serving
sentence in the State penitentiary, or in any other penal institution,
or in any reformatory or elsewhere, is declared by a jury to be insane,
he shall be committed by the court to the department for the criminal
insane at the proper hospital, and there kept until he is restored to
sanity ; and the time such person is confined in the department for
’ the criminal insane at the proper hospital shall be deducted from
» the term for which he was sentenced to such penal institution, re-
- formatory, or elsewhere.

The sheriff or sergeant of the court by which any of the fore-
’ going orders, as herein provided, shall have been made, or the proper
' officer of the penitentiary or reformatory, shall immediately pro-
ceed in the manner directed by section sixteen hundred and seventy-
‘ two to ascertain whether a vacancy exists in the department for the
: criminal insane at the proper hospital, and until it is ascertained
- that there is a vacancy, such person shall be kept in the jail of such
‘ county or corporation, or in such custody as the court may order,
or in the penitentiary, or in the reformatory in which he is confined,
> until there is room in the department for the criminal insane at the
. said hospital. Any person whose care and custody are herein pro-
- vided for shall be taken to and from the hospital to which he was
* committed by an officer of the penal institution having custody of
. him, or by the sheriff or sergeant of the county or corporation whose
- court issued the order of commitment, and the expenses incurred
- in such removals shall be. paid by such penal institutions, county or
_ corporation.

2. Because this act affects payments out of the State treasury
an emergency exists, therefore it shall be in force from its passage.