{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-182.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-182.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-182.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-182.5.html"}],"law_id":76399,"edition_id":1,"section_id":76399,"structure_id":13903,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","history":"1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2002, c. 750; 2007, cc. 485, 565; 2020, c. 96.","full_text":"A\n\nThe committing court shall conduct a hearing twelve months after the date of commitment to assess the need for inpatient hospitalization of each acquittee who is acquitted of a felony by reason of insanity. A hearing for assessment shall be conducted at yearly intervals for five years and at biennial intervals thereafter. The court shall schedule the matter for hearing as soon as possible after it becomes due, giving the matter priority over all pending matters before the court.B\n\nPrior to the hearing, the Commissioner shall provide to the court a report evaluating the acquittee’s condition and recommending treatment, to be prepared by a psychiatrist or a psychologist. The psychologist who prepares the report shall be a clinical psychologist and any evaluating psychiatrist or clinical psychologist shall be skilled in the diagnosis of mental illness and qualified by training and experience to perform forensic evaluations. If the examiner recommends release or the acquittee requests release, the acquittee’s condition and need for inpatient hospitalization shall be evaluated by a second person with such credentials who is not currently treating the acquittee. A copy of any report submitted pursuant to this subsection shall be sent to the attorney for the Commonwealth for the jurisdiction from which the acquittee was committed.C\n\nThe acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding and may be conducted using a two-way electronic video and audio communication system that meets the standards set forth in subsection B of § 19.2-3.1, unless objected to by the acquittee, the acquittee’s attorney, or the attorney for the Commonwealth.\n\t\t\tAccording to the determination of the court following the hearing, and based upon the report and other evidence provided at the hearing, the court shall (i) release the acquittee from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in § 19.2-182.7, provided the court has approved a discharge plan prepared jointly by the hospital staff and the appropriate community services board or behavioral health authority; (ii) place the acquittee on conditional release if he meets the criteria for conditional release, and the court has approved a conditional release plan prepared jointly by the hospital staff and the appropriate community services board or behavioral health authority; or (iii) order that he remain in the custody of the Commissioner if he continues to require inpatient hospitalization based on consideration of the factors set forth in § 19.2-182.3.D\n\nAn acquittee who is found not guilty of a misdemeanor by reason of insanity on or after July 1, 2002, shall remain in the custody of the Commissioner pursuant to this chapter for a period not to exceed one year from the date of acquittal. If, prior to or at the conclusion of one year, the Commissioner determines that the acquittee meets the criteria for conditional release or release without conditions pursuant to § 19.2-182.7, emergency custody pursuant to § 37.2-808, temporary detention pursuant to §§ 37.2-809 to 37.2-813, or involuntary commitment pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, he shall petition the committing court. Written notice of an acquittee’s scheduled release shall be provided by the Commissioner to the attorney for the Commonwealth for the committing jurisdiction not less than thirty days prior to the scheduled release. The Commissioner’s duty to file a petition upon such determination shall not preclude the ability of any other person meeting the requirements of § 37.2-808 to file the petition.","order_by":null,"text":{"0":{"id":274251,"text":"The committing court shall conduct a hearing twelve months after the date of commitment to assess the need for inpatient hospitalization of each acquittee who is acquitted of a felony by reason of insanity. A hearing for assessment shall be conducted at yearly intervals for five years and at biennial intervals thereafter. The court shall schedule the matter for hearing as soon as possible after it becomes due, giving the matter priority over all pending matters before the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274252,"text":"Prior to the hearing, the Commissioner shall provide to the court a report evaluating the acquittee’s condition and recommending treatment, to be prepared by a psychiatrist or a psychologist. The psychologist who prepares the report shall be a clinical psychologist and any evaluating psychiatrist or clinical psychologist shall be skilled in the diagnosis of mental illness and qualified by training and experience to perform forensic evaluations. If the examiner recommends release or the acquittee requests release, the acquittee’s condition and need for inpatient hospitalization shall be evaluated by a second person with such credentials who is not currently treating the acquittee. A copy of any report submitted pursuant to this subsection shall be sent to the attorney for the Commonwealth for the jurisdiction from which the acquittee was committed.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":274253,"text":"The acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding and may be conducted using a two-way electronic video and audio communication system that meets the standards set forth in subsection B of § 19.2-3.1, unless objected to by the acquittee, the acquittee’s attorney, or the attorney for the Commonwealth.\n\t\t\tAccording to the determination of the court following the hearing, and based upon the report and other evidence provided at the hearing, the court shall (i) release the acquittee from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in § 19.2-182.7, provided the court has approved a discharge plan prepared jointly by the hospital staff and the appropriate community services board or behavioral health authority; (ii) place the acquittee on conditional release if he meets the criteria for conditional release, and the court has approved a conditional release plan prepared jointly by the hospital staff and the appropriate community services board or behavioral health authority; or (iii) order that he remain in the custody of the Commissioner if he continues to require inpatient hospitalization based on consideration of the factors set forth in § 19.2-182.3.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":274254,"text":"An acquittee who is found not guilty of a misdemeanor by reason of insanity on or after July 1, 2002, shall remain in the custody of the Commissioner pursuant to this chapter for a period not to exceed one year from the date of acquittal. If, prior to or at the conclusion of one year, the Commissioner determines that the acquittee meets the criteria for conditional release or release without conditions pursuant to § 19.2-182.7, emergency custody pursuant to § 37.2-808, temporary detention pursuant to §§ 37.2-809 to 37.2-813, or involuntary commitment pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, he shall petition the committing court. Written notice of an acquittee’s scheduled release shall be provided by the Commissioner to the attorney for the Commonwealth for the committing jurisdiction not less than thirty days prior to the scheduled release. The Commissioner’s duty to file a petition upon such determination shall not preclude the ability of any other person meeting the requirements of § 37.2-808 to file the petition.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13903,"edition_id":1,"name":"Disposition of Persons Acquitted by Reason of Insanity","identifier":"11.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":168559,"object_type":"structure","relational_id":13903,"identifier":"11.1","token":"19.2\/11.1","url":"\/19.2\/11.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79745,"structure_id":13903,"section_number":"19.2-182.10","catch_line":"Release of person whose conditional release was revoked","url":"\/19.2-182.10\/","token":"19.2\/11.1\/19.2-182.10","metadata":false},{"id":79141,"structure_id":13903,"section_number":"19.2-182.11","catch_line":"Modification or removal of conditions; notice; objections; review","url":"\/19.2-182.11\/","token":"19.2\/11.1\/19.2-182.11","metadata":false},{"id":84227,"structure_id":13903,"section_number":"19.2-182.12","catch_line":"Representation of Commonwealth and acquittee","url":"\/19.2-182.12\/","token":"19.2\/11.1\/19.2-182.12","metadata":false},{"id":71242,"structure_id":13903,"section_number":"19.2-182.13","catch_line":"Authority of Commissioner; delegation to board; liability","url":"\/19.2-182.13\/","token":"19.2\/11.1\/19.2-182.13","metadata":false},{"id":58494,"structure_id":13903,"section_number":"19.2-182.14","catch_line":"Escape of persons placed or committed; penalty","url":"\/19.2-182.14\/","token":"19.2\/11.1\/19.2-182.14","metadata":false},{"id":66021,"structure_id":13903,"section_number":"19.2-182.15","catch_line":"Escape of persons placed on conditional release; penalty","url":"\/19.2-182.15\/","token":"19.2\/11.1\/19.2-182.15","metadata":false},{"id":60989,"structure_id":13903,"section_number":"19.2-182.16","catch_line":"Copies of orders to Commissioner","url":"\/19.2-182.16\/","token":"19.2\/11.1\/19.2-182.16","metadata":false},{"id":66912,"structure_id":13903,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","url":"\/19.2-182.2\/","token":"19.2\/11.1\/19.2-182.2","metadata":false},{"id":57647,"structure_id":13903,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","url":"\/19.2-182.3\/","token":"19.2\/11.1\/19.2-182.3","metadata":false},{"id":54942,"structure_id":13903,"section_number":"19.2-182.4","catch_line":"Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment","url":"\/19.2-182.4\/","token":"19.2\/11.1\/19.2-182.4","metadata":false},{"id":76399,"structure_id":13903,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","url":"\/19.2-182.5\/","token":"19.2\/11.1\/19.2-182.5","metadata":false},{"id":83002,"structure_id":13903,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","url":"\/19.2-182.6\/","token":"19.2\/11.1\/19.2-182.6","metadata":false},{"id":65916,"structure_id":13903,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","url":"\/19.2-182.7\/","token":"19.2\/11.1\/19.2-182.7","metadata":false},{"id":64428,"structure_id":13903,"section_number":"19.2-182.8","catch_line":"Revocation of conditional release","url":"\/19.2-182.8\/","token":"19.2\/11.1\/19.2-182.8","metadata":false},{"id":55068,"structure_id":13903,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","url":"\/19.2-182.9\/","token":"19.2\/11.1\/19.2-182.9","metadata":false}],"previous_section":{"id":54942,"structure_id":13903,"section_number":"19.2-182.4","catch_line":"Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment","url":"\/19.2-182.4\/","token":"19.2\/11.1\/19.2-182.4","metadata":false},"next_section":{"id":83002,"structure_id":13903,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","url":"\/19.2-182.6\/","token":"19.2\/11.1\/19.2-182.6","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-182.5\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 427 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 295; in 1996, chapters 937<\/a> and 980<\/a>; in 2002, chapter 750<\/a>; in 2007, chapters 485<\/a> and 565<\/a>; in 2020, chapter 96<\/a>.<\/p>","references":[{"id":83002,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","order_by":null,"url":"\/19.2-182.6\/"}],"refers_to":[{"id":65916,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","order_by":null,"url":"\/19.2-182.7\/"},{"id":84637,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","order_by":null,"url":"\/19.2-3.1\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":69246,"section_number":"37.2-813","catch_line":"(Effective July 1, 2026) Release of person prior to commitment hearing for involuntary admission","order_by":null,"url":"\/37.2-813\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"}],"permalink":{"id":168601,"object_type":"law","relational_id":76399,"identifier":"19.2-182.5","token":"19.2\/11.1\/19.2-182.5","url":"\/19.2-182.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-182.5\/","token":"19.2\/11.1\/19.2-182.5","dublin_core":{"Title":"Review of continuation of confinement hearing; procedure and reports; disposition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-182.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The committing court<\/span> shall conduct a hearing<\/span> twelve months after the date of commitment to assess the need for inpatient hospitalization of each acquittee who is acquitted of a felony<\/span> by reason of insanity<\/span>. A hearing<\/span> for assessment shall be conducted at yearly intervals for five years and at biennial intervals thereafter. The court<\/span> shall schedule the matter for hearing<\/span> as soon as possible after it becomes due, giving the matter priority over all pending matters before the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the hearing<\/span>, the Commissioner shall provide to the court<\/span> a report evaluating the acquittee’s condition and recommending treatment, to be prepared by a psychiatrist or a psychologist. The psychologist who prepares the report shall be a clinical psychologist and any evaluating psychiatrist or clinical psychologist shall be skilled in the diagnosis of mental illness and qualified by training and experience to perform forensic evaluations. If the examiner recommends release or the acquittee requests release, the acquittee’s condition and need for inpatient hospitalization shall be evaluated by a second person with such credentials who is not currently treating the acquittee. A copy of any report submitted pursuant to this subsection shall be sent to the attorney for the Commonwealth for the jurisdiction<\/span> from which the acquittee was committed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The acquittee shall be provided with adequate notice of the hearing<\/span>, of the right to be present at the hearing<\/span>, the right to the assistance of counsel<\/span> in preparation for and during the hearing<\/span>, and the right to introduce evidence<\/span> and cross-examine witnesses at the hearing<\/span>. Written notice of the hearing<\/span> shall be provided to the attorney for the Commonwealth for the committing jurisdiction<\/span>. The hearing<\/span> is a civil proceeding and may be conducted using a two-way electronic video and audio communication system that meets the standards set forth in subsection B of § 19.2-3.1<\/a>, unless objected to by the acquittee, the acquittee’s attorney, or the attorney for the Commonwealth.\n\t\t\tAccording to the determination of the court<\/span> following the hearing<\/span>, and based upon the report and other evidence<\/span> provided at the hearing<\/span>, the court<\/span> shall (i) release the acquittee from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in § 19.2-182.7<\/a>, provided the court<\/span> has approved a discharge plan prepared jointly by the hospital staff and the appropriate community services<\/span> board or behavioral health authority; (ii) place the acquittee on conditional release if he meets the criteria for conditional release, and the court<\/span> has approved a conditional release plan prepared jointly by the hospital staff and the appropriate community services<\/span> board or behavioral health authority; or (iii) order<\/span> that he remain in the custody<\/span> of the Commissioner if he continues to require inpatient hospitalization based on consideration of the factors set forth in § 19.2-182.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An acquittee who is found not guilty of a misdemeanor<\/span> by reason of insanity<\/span> on or after July 1, 2002, shall remain in the custody<\/span> of the Commissioner pursuant to this chapter for a period not to exceed one year from the date of acquittal<\/span>. If, prior to or at the conclusion of one year, the Commissioner determines that the acquittee meets the criteria for conditional release or release without conditions pursuant to § 19.2-182.7<\/a>, emergency custody<\/span> pursuant to § 37.2-808<\/a>, temporary detention pursuant to §§ 37.2-809<\/a> to 37.2-813<\/a>, or involuntary commitment pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, he shall petition<\/span> the committing court<\/span>. Written notice of an acquittee’s scheduled release shall be provided by the Commissioner to the attorney for the Commonwealth for the committing jurisdiction<\/span> not less than thirty days prior to the scheduled release. The Commissioner’s duty to file a petition<\/span> upon such determination shall not preclude the ability of any other person meeting the requirements of § 37.2-808<\/a> to file the petition<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVIEW OF CONTINUATION OF CONFINEMENT HEARING; PROCEDURE AND REPORTS;\nDISPOSITION (\u00a7 19.2-182.5)\n\nA. The committing court shall conduct a hearing twelve months after the date of\ncommitment to assess the need for inpatient hospitalization of each acquittee\nwho is acquitted of a felony by reason of insanity. A hearing for assessment\nshall be conducted at yearly intervals for five years and at biennial intervals\nthereafter. The court shall schedule the matter for hearing as soon as possible\nafter it becomes due, giving the matter priority over all pending matters before\nthe court.\n\nB. Prior to the hearing, the Commissioner shall provide to the court a report\nevaluating the acquittee’s condition and recommending treatment, to be\nprepared by a psychiatrist or a psychologist. The psychologist who prepares the\nreport shall be a clinical psychologist and any evaluating psychiatrist or\nclinical psychologist shall be skilled in the diagnosis of mental illness and\nqualified by training and experience to perform forensic evaluations. If the\nexaminer recommends release or the acquittee requests release, the\nacquittee’s condition and need for inpatient hospitalization shall be\nevaluated by a second person with such credentials who is not currently treating\nthe acquittee. A copy of any report submitted pursuant to this subsection shall\nbe sent to the attorney for the Commonwealth for the jurisdiction from which the\nacquittee was committed.\n\nC. The acquittee shall be provided with adequate notice of the hearing, of the\nright to be present at the hearing, the right to the assistance of counsel in\npreparation for and during the hearing, and the right to introduce evidence and\ncross-examine witnesses at the hearing. Written notice of the hearing shall be\nprovided to the attorney for the Commonwealth for the committing jurisdiction.\nThe hearing is a civil proceeding and may be conducted using a two-way\nelectronic video and audio communication system that meets the standards set\nforth in subsection B of § 19.2-3.1, unless objected to by the acquittee,\nthe acquittee’s attorney, or the attorney for the Commonwealth.\n\t\t\tAccording to the determination of the court following the hearing, and based\nupon the report and other evidence provided at the hearing, the court shall (i)\nrelease the acquittee from confinement if he does not need inpatient\nhospitalization and does not meet the criteria for conditional release set forth\nin § 19.2-182.7, provided the court has approved a discharge plan prepared\njointly by the hospital staff and the appropriate community services board or\nbehavioral health authority; (ii) place the acquittee on conditional release if\nhe meets the criteria for conditional release, and the court has approved a\nconditional release plan prepared jointly by the hospital staff and the\nappropriate community services board or behavioral health authority; or (iii)\norder that he remain in the custody of the Commissioner if he continues to\nrequire inpatient hospitalization based on consideration of the factors set\nforth in § 19.2-182.3.\n\nD. An acquittee who is found not guilty of a misdemeanor by reason of insanity\non or after July 1, 2002, shall remain in the custody of the Commissioner\npursuant to this chapter for a period not to exceed one year from the date of\nacquittal. If, prior to or at the conclusion of one year, the Commissioner\ndetermines that the acquittee meets the criteria for conditional release or\nrelease without conditions pursuant to § 19.2-182.7, emergency custody\npursuant to § 37.2-808, temporary detention pursuant to §§\n37.2-809 to 37.2-813, or involuntary commitment pursuant to Article 5 (§\n37.2-814 et seq.) of Chapter 8 of Title 37.2, he shall petition the committing\ncourt. Written notice of an acquittee’s scheduled release shall be\nprovided by the Commissioner to the attorney for the Commonwealth for the\ncommitting jurisdiction not less than thirty days prior to the scheduled\nrelease. The Commissioner’s duty to file a petition upon such\ndetermination shall not preclude the ability of any other person meeting the\nrequirements of § 37.2-808 to file the petition.\n\nHISTORY: 1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2002, c. 750; 2007, cc.\n485, 565; 2020, c. 96.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}