Autism disorder deferred disposition
“ | and the court finds by clear and convincing evidence that the criminal conduct was caused by or had a direct and substantial relationship to the person's disorder or disability | ” |
Excerpt from §19.2-303.6[1] |
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Autism disorder deferred disposition, also known as Virginia Code § 19.2-303.6, is a Virginia law which took effect on 1 July 2020[2] which provides an alternative to a traditional court sentence for those with autism or other intellectual disabilities.
It was invoked by David Heilberg, who was Chris's lawyer for his August 2021 incest charge, to get that charge dismissed. As a side-note, one of the 89 members of the Virginia House of Delegates who voted in favor of 19.2-303.6 is Rob Bell, who had previously served as Chris's lawyer in 2011 for his assault and other charges.[3]
Summary
To qualify for the disposition, a defendant:
- Has been diagnosed with autism, and the court finds that autism either caused or had a relationship to the criminal offense
- Either pleaded guilty or not guilty, "and the facts found by the court would justify a finding of guilt"
The court can then defer further legal proceedings, without a formal Guilty ruling, and place the defendant under probation terms set by the court. If the terms are completed, the defendant may have the charges dismissed; if the terms are violated, a Guilty verdict may be rendered.[1]
Full text of 19.2-303.6
ExpandText of the Autism Deferred Disposition |
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Chris's incest charge
On 1 August 2021, Chris was arrested and charged with incest, after the Incest Call and Incest Texts were leaked showing he had been engaging in sex with his mother Barbara Chandler. On 28 July 2022, the prosecutor filed for a Grand Jury to consider a felony incest charge against Chris.[4]
On 5 August 2022, Chris's lawyer David Heilberg filed a motion for autism disorder deferred disposition.[5]
While the following events are unclear, due to the case being sealed at Heilberg's request (although public records still revealed information), the court appears to have granted the deferred disposition motion.
On 8 August 2022, the Grand Jury did not present an indictment, and the case was continued - conditions consistent with the deferred disposition's text that further proceedings are to be deferred.[6]
In January 2023, the case records were updated to indicate that the transitional residential housing program Gateway Homes was being considered.[7] On 27 March 2023, Chris was released from Central Virginia Regional Jail[8] and apparently transferred to Gateway (Chris later confirmed he had been sent there).[9] The court then periodically reviewed his case, and on 8 August 2023, dismissed the incest charge, evidently satisfied with Chris's progress.[6]
See also
External
References
- ↑ Jump up to: 1.0 1.1 1.2 https://law.lis.virginia.gov/vacode/19.2-303.6/
- ↑ https://peterlouielaw.com/2020/06/05/deferred-disposition-for-intellectual-disabilities/
- ↑ https://lis.virginia.gov/cgi-bin/legp604.exe?201+sum+SB133
- ↑ Jail Saga#Court proceedings (J&DR Court)
- ↑ File:Court Record - Greene Circuit Court - Incest - (Chris, CR22000141-00) - 9 August 2022 Pleadings-Orders.png
- ↑ Jump up to: 6.0 6.1 Jail Saga#Court proceedings (Circuit Court)
- ↑ Jail Saga#Pleadings/Orders Detail
- ↑ Jail Saga#Bonded out or Released by court order
- ↑ Medallion Moulding Q&A
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People: Chris • Barbara Chandler • Isabella Janke • Fiona • Null • The WCT • Ethan Ralph • EllDudeRocks • Dillin Thomas | ||||
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Chats: | The Affair: | |||
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People: Chris • David Heilberg • Praetor (Caden Peck) • Kenneth Engelhardt • Barbara Chandler • Helena Fiorenza • Eels and the Egg-man • Flutter • Spamton G. Spamton • Zombo • Cory Allison • The Crusader • Bizarre Bazaar • Celestia • Michael Afghani • Jacob Sockness | ||||
Places | Misc Jail Communications: | |||
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Coinciding Sagas: Praetor |