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

Chris's lawyer files for autism disorder deferred disposition over his incest charge

Autism disorder deferred disposition, also known as Virginia Code § 19.2-303.6, is a Virginia law which took effect on 1 July 2020 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.

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.

Full text of 19.2-303.6

Text of the Autism Deferred Disposition

§ 19.2-303.6. Deferred disposition in a criminal case; persons with autism or intellectual disabilities. A. In any criminal case, except a violation of § 18.2-31, an act of violence as defined in § 19.2-297.1, or any crime for which a deferred disposition is provided for by statute, upon a plea of guilty, or after a plea of not guilty, and the facts found by the court would justify a finding of guilt, the court may, if the defendant has been diagnosed by a psychiatrist or clinical psychologist with (i) an autism spectrum disorder as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association or (ii) an intellectual disability as defined in § 37.2-100 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, without entering a judgment of guilt and with the consent of the accused, after giving due consideration to the position of the attorney for the Commonwealth and the views of the victim, defer further proceedings and place the accused on probation subject to terms and conditions set by the court. Upon violation of a term or condition, the court may enter an adjudication of guilt; or upon fulfillment of the terms and conditions, the court may discharge the person and dismiss the proceedings against him without an adjudication of guilt. This section shall not limit the authority of any juvenile and domestic relations court granted to it in Title 16.1. B. Deferred disposition shall be available to the defendant even though he has previously been convicted of a criminal offense, been adjudicated delinquent as a juvenile, or had proceedings deferred and dismissed under this section or under any other provision of law, unless, after having considered the position of the attorney for the Commonwealth, the views of the victims, and any evidence offered by the defendant, the court finds that deferred disposition is inconsistent with the interests of justice.

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.

On 5 August 2022, Chris's lawyer David Heilberg filed a motion for autism disorder deferred disposition.

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.

In January 2023, the case records were updated to indicate that the transitional residential housing program Gateway Homes was being considered. On 27 March 2023, Chris was released from Central Virginia Regional Jail and apparently transferred to Gateway (Chris later confirmed he had been sent there). The court then periodically reviewed his case, and on 8 August 2023, dismissed the incest charge, evidently satisfied with Chris's progress.

See also

• Autism
• Chris and the law
• Therapeutic Docket

External

History of this law