VA SB528

Expands judicial options for defendants charged with misdemeanors only who are found incompetent to stand trial, allowing courts to order outpatient restoration treatment, inpatient hospital treatment, dismissal with emergency custody order for evaluation, or dismissal with release

Removes the previous requirement limiting court options to specific misdemeanor offenses (larceny, trespassing, property destruction, public intoxication, disorderly conduct, bail violations) when considering alternatives to standard competency restoration treatment

Eliminates the requirement that competency evaluators specifically recommend whether misdemeanor defendants should be evaluated for temporary detention criteria before courts can pursue civil commitment alternatives

Requires that after 45 days of restoration treatment for defendants charged with certain misdemeanors who remain incompetent, facility directors must report to the court with recommendations for release or screening for possible civil commitment

Authorizes magistrates and courts to issue emergency custody orders for incompetent misdemeanor defendants pursuant to the new disposition options under § 19.2-169.2