{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-182.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-182.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-182.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-182.6.html"}],"law_id":83002,"edition_id":1,"section_id":83002,"structure_id":13903,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","history":"1991, c. 427; 1993, c. 295; 2007, cc. 485, 565, 785.","full_text":"A\n\nThe Commissioner may petition the committing court for conditional or unconditional release of the acquittee at any time he believes the acquittee no longer needs hospitalization. The petition shall be accompanied by a report of clinical findings supporting the petition with respect to the factors set forth in § 19.2-182.3 and by a conditional release or discharge plan, as applicable, prepared jointly by the hospital and the appropriate community services board or behavioral health authority. The acquittee may petition the committing court for release only once in each year in which no annual judicial review is required pursuant to § 19.2-182.5. The party petitioning for release shall transmit a copy of the petition to the attorney for the Commonwealth for the committing jurisdiction.B\n\n1. When a petition for release is made by the acquittee, the court shall order the Commissioner to appoint two persons in the same manner as set forth in \u00a7 19.2-182.2 to assess and report on the acquittee’s need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in \u00a7 19.2-182.3. The evaluators shall conduct their evaluations and report their finding in accordance with the provisions of \u00a7 19.2-182.2, except that the evaluations shall be completed and findings reported within 45 days of issuance of the court’s order for evaluation.2\n\nWhen a petition for release is made by the Commissioner no further evaluations of the acquittee shall be required unless otherwise deemed necessary by the court. If the court determines that further evaluation is necessary, the court shall order the Commissioner to appoint two persons in the same manner as set forth in § 19.2-182.2 to assess and report on the acquittee’s need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in § 19.2-182.3. The evaluators shall conduct their evaluations and report their finding in accordance with the provisions of § 19.2-182.2, except that the evaluations shall be completed and findings reported within 45 days of issuance of the court’s order for evaluation.\n\t\t\t\tThe Commissioner shall give notice of the hearing to any victim of the act resulting in the charges on which the acquittee was acquitted or the next of kin of the victim at the last known address, provided the person submits a written request for such notification to the Commissioner.C\n\nUpon receipt of the reports of evaluation, the court shall conduct a hearing on the petition. The hearing shall be scheduled on an expedited basis and given priority over other civil matters before the court. 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. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding.\n\t\t\tAt the conclusion of the hearing, based upon the report and other evidence provided at the hearing, the court shall order the acquittee (i) released from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in § 19.2-182.3, provided the court has approved a discharge plan prepared jointly by the hospital and the appropriate community services board or behavioral health authority; (ii) placed on conditional release if he meets the criteria for such release as set forth in § 19.2-182.7, and the court has approved a conditional release plan prepared jointly by the hospital and the appropriate community services board or behavioral health authority; or (iii) retained 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\nPersons committed pursuant to this chapter shall be released only in accordance with the procedures set forth governing release and conditional release.","order_by":null,"text":{"0":{"id":297541,"text":"The Commissioner may petition the committing court for conditional or unconditional release of the acquittee at any time he believes the acquittee no longer needs hospitalization. The petition shall be accompanied by a report of clinical findings supporting the petition with respect to the factors set forth in § 19.2-182.3 and by a conditional release or discharge plan, as applicable, prepared jointly by the hospital and the appropriate community services board or behavioral health authority. The acquittee may petition the committing court for release only once in each year in which no annual judicial review is required pursuant to § 19.2-182.5. The party petitioning for release shall transmit a copy of the petition to the attorney for the Commonwealth for the committing jurisdiction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":297542,"text":"1. When a petition for release is made by the acquittee, the court shall order the Commissioner to appoint two persons in the same manner as set forth in \u00a7 19.2-182.2 to assess and report on the acquittee’s need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in \u00a7 19.2-182.3. The evaluators shall conduct their evaluations and report their finding in accordance with the provisions of \u00a7 19.2-182.2, except that the evaluations shall be completed and findings reported within 45 days of issuance of the court’s order for evaluation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":297543,"text":"When a petition for release is made by the Commissioner no further evaluations of the acquittee shall be required unless otherwise deemed necessary by the court. If the court determines that further evaluation is necessary, the court shall order the Commissioner to appoint two persons in the same manner as set forth in § 19.2-182.2 to assess and report on the acquittee’s need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in § 19.2-182.3. The evaluators shall conduct their evaluations and report their finding in accordance with the provisions of § 19.2-182.2, except that the evaluations shall be completed and findings reported within 45 days of issuance of the court’s order for evaluation.\n\t\t\t\tThe Commissioner shall give notice of the hearing to any victim of the act resulting in the charges on which the acquittee was acquitted or the next of kin of the victim at the last known address, provided the person submits a written request for such notification to the Commissioner.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":297544,"text":"Upon receipt of the reports of evaluation, the court shall conduct a hearing on the petition. The hearing shall be scheduled on an expedited basis and given priority over other civil matters before the court. 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. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding.\n\t\t\tAt the conclusion of the hearing, based upon the report and other evidence provided at the hearing, the court shall order the acquittee (i) released from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in § 19.2-182.3, provided the court has approved a discharge plan prepared jointly by the hospital and the appropriate community services board or behavioral health authority; (ii) placed on conditional release if he meets the criteria for such release as set forth in § 19.2-182.7, and the court has approved a conditional release plan prepared jointly by the hospital and the appropriate community services board or behavioral health authority; or (iii) retained 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":"B2","next_prefix":"D"},"4":{"id":297545,"text":"Persons committed pursuant to this chapter shall be released only in accordance with the procedures set forth governing release and conditional release.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-182.6\/","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 2 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 2007, chapters 485<\/a>, 565<\/a>, and 785<\/a>.<\/p>","references":false,"refers_to":[{"id":66912,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","order_by":null,"url":"\/19.2-182.2\/"},{"id":57647,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","order_by":null,"url":"\/19.2-182.3\/"},{"id":76399,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","order_by":null,"url":"\/19.2-182.5\/"},{"id":65916,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","order_by":null,"url":"\/19.2-182.7\/"}],"permalink":{"id":168605,"object_type":"law","relational_id":83002,"identifier":"19.2-182.6","token":"19.2\/11.1\/19.2-182.6","url":"\/19.2-182.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-182.6\/","token":"19.2\/11.1\/19.2-182.6","dublin_core":{"Title":"Petition for release; conditional release hearing; notice; disposition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-182.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner may petition<\/span> the committing court<\/span> for conditional or unconditional release of the acquittee at any time he believes the acquittee no longer needs hospitalization. The petition<\/span> shall be accompanied by a report of clinical findings<\/span> supporting the petition<\/span> with respect to the factors set forth in § 19.2-182.3<\/a> and by a conditional release or discharge plan, as applicable, prepared jointly by the hospital and the appropriate community services<\/span> board or behavioral health authority. The acquittee may petition<\/span> the committing court<\/span> for release only once in each year in which no annual judicial review is required pursuant to § 19.2-182.5<\/a>. The party<\/span> petitioning for release shall transmit a copy of the petition<\/span> to the attorney for the Commonwealth for the committing jurisdiction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. When a petition<\/span> for release is made by the acquittee, the court<\/span> shall order<\/span> the Commissioner to appoint two persons in the same manner as set forth in \u00a7 19.2-182.2<\/a> to assess and report on the acquittee’s need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in \u00a7 19.2-182.3<\/a>. The evaluators shall conduct their evaluations and report their finding<\/span> in accordance with the provisions of \u00a7 19.2-182.2<\/a>, except that the evaluations shall be completed and findings<\/span> reported within 45 days of issuance of the court<\/span>’s order<\/span> for evaluation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> When a petition<\/span> for release is made by the Commissioner no further evaluations of the acquittee shall be required unless otherwise deemed necessary by the court<\/span>. If the court<\/span> determines that further evaluation is necessary, the court<\/span> shall order<\/span> the Commissioner to appoint two persons in the same manner as set forth in § 19.2-182.2<\/a> to assess and report on the acquittee’s need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in § 19.2-182.3<\/a>. The evaluators shall conduct their evaluations and report their finding<\/span> in accordance with the provisions of § 19.2-182.2<\/a>, except that the evaluations shall be completed and findings<\/span> reported within 45 days of issuance of the court<\/span>’s order<\/span> for evaluation.\n\t\t\t\tThe Commissioner shall give notice of the hearing<\/span> to any victim of the act resulting in the charges on which the acquittee was acquitted or the next of kin of the victim at the last known address, provided the person submits a written request for such notification to the Commissioner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of the reports of evaluation, the court<\/span> shall conduct a hearing<\/span> on the petition<\/span>. The hearing<\/span> shall be scheduled on an expedited basis and given priority over other civil matters before the court<\/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. 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.\n\t\t\tAt the conclusion of the hearing<\/span>, based upon the report and other evidence<\/span> provided at the hearing<\/span>, the court<\/span> shall order<\/span> the acquittee (i) released from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in § 19.2-182.3<\/a>, provided the court<\/span> has approved a discharge plan prepared jointly by the hospital and the appropriate community services<\/span> board or behavioral health authority; (ii) placed on conditional release if he meets the criteria for such release as set forth in § 19.2-182.7<\/a>, and the court<\/span> has approved a conditional release plan prepared jointly by the hospital and the appropriate community services<\/span> board or behavioral health authority; or (iii) retained 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> Persons committed pursuant to this chapter shall be released only in accordance with the procedures set forth governing release and conditional release. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR RELEASE; CONDITIONAL RELEASE HEARING; NOTICE; DISPOSITION (\u00a7\n19.2-182.6)\n\nA. The Commissioner may petition the committing court for conditional or\nunconditional release of the acquittee at any time he believes the acquittee no\nlonger needs hospitalization. The petition shall be accompanied by a report of\nclinical findings supporting the petition with respect to the factors set forth\nin § 19.2-182.3 and by a conditional release or discharge plan, as\napplicable, prepared jointly by the hospital and the appropriate community\nservices board or behavioral health authority. The acquittee may petition the\ncommitting court for release only once in each year in which no annual judicial\nreview is required pursuant to § 19.2-182.5. The party petitioning for\nrelease shall transmit a copy of the petition to the attorney for the\nCommonwealth for the committing jurisdiction.\n\nB. 1. When a petition for release is made by the acquittee, the court shall\norder the Commissioner to appoint two persons in the same manner as set forth in\n\u00a7 19.2-182.2 to assess and report on the acquittee’s need for inpatient\nhospitalization by reviewing his condition with respect to the factors set forth\nin \u00a7 19.2-182.3. The evaluators shall conduct their evaluations and report\ntheir finding in accordance with the provisions of \u00a7 19.2-182.2, except that\nthe evaluations shall be completed and findings reported within 45 days of\nissuance of the court’s order for evaluation.\n\n 2. When a petition for release is made by the Commissioner no further\n evaluations of the acquittee shall be required unless otherwise deemed\n necessary by the court. If the court determines that further evaluation is\n necessary, the court shall order the Commissioner to appoint two persons in\n the same manner as set forth in § 19.2-182.2 to assess and report on the\n acquittee’s need for inpatient hospitalization by reviewing his\n condition with respect to the factors set forth in § 19.2-182.3. The\n evaluators shall conduct their evaluations and report their finding in\n accordance with the provisions of § 19.2-182.2, except that the\n evaluations shall be completed and findings reported within 45 days of\n issuance of the court’s order for evaluation.\n \t\t\t\tThe Commissioner shall give notice of the hearing to any victim of the act\n resulting in the charges on which the acquittee was acquitted or the next of\n kin of the victim at the last known address, provided the person submits a\n written request for such notification to the Commissioner.\n\nC. Upon receipt of the reports of evaluation, the court shall conduct a hearing\non the petition. The hearing shall be scheduled on an expedited basis and given\npriority over other civil matters before the court. The acquittee shall be\nprovided with adequate notice of the hearing, of the right to be present at the\nhearing, the right to the assistance of counsel in preparation for and during\nthe hearing, and the right to introduce evidence and cross-examine witnesses.\nWritten notice of the hearing shall be provided to the attorney for the\nCommonwealth for the committing jurisdiction. The hearing is a civil proceeding.\n\t\t\tAt the conclusion of the hearing, based upon the report and other evidence\nprovided at the hearing, the court shall order the acquittee (i) released from\nconfinement if he does not need inpatient hospitalization and does not meet the\ncriteria for conditional release set forth in § 19.2-182.3, provided the\ncourt has approved a discharge plan prepared jointly by the hospital and the\nappropriate community services board or behavioral health authority; (ii) placed\non conditional release if he meets the criteria for such release as set forth in\n§ 19.2-182.7, and the court has approved a conditional release plan\nprepared jointly by the hospital and the appropriate community services board or\nbehavioral health authority; or (iii) retained in the custody of the\nCommissioner if he continues to require inpatient hospitalization based on\nconsideration of the factors set forth in § 19.2-182.3.\n\nD. Persons committed pursuant to this chapter shall be released only in\naccordance with the procedures set forth governing release and conditional\nrelease.\n\nHISTORY: 1991, c. 427; 1993, c. 295; 2007, cc. 485, 565, 785.","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}}