What if a person with mental illness is accused of a crime?

If a person with mental illness is accused of a crime in Virginia, they may be eligible for a plea of not guilty by reason of insanity. This allows them to be found not guilty due to their mental illness. In order to be eligible, a mental illness has to be proven and the accused must not understand the wrongfulness of their actions. In Virginia, the court can also order a "substitution of judgment" where the accused is placed in a mental health treatment or rehabilitation program instead of jail. This is an option when the court finds that the accused did not understand the wrongfulness of their actions. Virginia law also requires the court to consider community treatment or rehabilitation programs as an appropriate alternative to jail for those with mental illness. This is a system of support that provides services such as therapy, living support, and medication. In addition, the court may order a mental health examination for the accused. This evaluation is to determine if the accused has a mental illness and if so, to what extent. The evaluation may be done by a psychologist or other mental health professional. Ultimately, the court will decide what happens when an individual with mental illness is accused of a crime. In some cases, the accused may be found guilty and sentenced to prison. In other cases, the court may find that they do not understand the wrongfulness of their actions and allow them to receive treatment or rehabilitation instead.

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What if a person with mental illness is accused of a crime?

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