3rd Annual Criminal Law Behavioral Health Symposium 2026

• Gather with defense attorneys, prosecutors, attorneys representing behavioral health agencies and community service boards, and judges to discuss behavioral health in criminal cases. Real solutions are found when we come together!
• Receive an update on the current state of mental health statutes in Virginia and discover how recent mental health law changes apply in criminal cases.
• Learn about:
  
  1. Virginia Code § 19.2-303.6, referencing a deferred disposition in criminal cases for persons with an autism spectrum disorder or intellectual disability;
  2. An insanity defense pursuant to Virginia Code § 19.2-169.5 et seq.;
  3. A trial strategy utilizing evidence of a defendant’s mental condition at the time of the offense under Virginia Code § 19.2-271.6;
  4. The difference between “competency” and “capacity” in Virginia, why that matters, and how it may affect your representation of a criminal defendant; and
  5. Virginia Code § 19.2-169.2 and limitations of civil commitment.

Mental health is one of the most challenging issues in criminal law practice whether you are a judge, prosecutor, or defense attorney. It is important for each attorney to understand the complex, and sometimes sensitive, intricacies of behavioral health issues and related laws when dealing with clients and even victims. As laws catch up to clinical science, it is the practitioner’s responsibility to understand the science and stay current with legal developments. This seminar is designed to keep defense attorneys, prosecutors, and judges up to date on behavioral health issues and concerns in criminal cases.

In recent years, the Virginia Code has changed to provide the legal practitioner with multiple tools in crafting a mental health defense: insanity, deferred finding, mental state without insanity. For the first time since 1980, statutory changes allow, and in some cases require, Virginia judges to consider mental health issues that do not rise to the level of an insanity finding in determining both guilt and the appropriate sentence.

This seminar will provide a practical guide for judges and lawyers dealing with mentally ill defendants. Sessions include:

• Statutory and caselaw updates
• Ethics scenarios that relate to the intersection of criminal and behavioral health law
• A roundtable discussion on representing a client with complex behavioral health issues
• A roundtable discussion of behavioral health dockets in Virginia

Registration Deadlines:

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $90 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE^®.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email tfitzgerald@vacle.org.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Can’t Attend?

E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.