{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-910.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-910.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-910.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-910.html"}],"law_id":57455,"edition_id":1,"section_id":57455,"structure_id":13185,"section_number":"37.2-910","catch_line":"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition","history":"1999, cc. 946, 985, \u00a7 37.1-70.11; 2001, c. 776; 2003, cc. 989, 1018; 2005, c. 716; 2006, cc. 698, 730, 863, 914; 2007, c. 876; 2011, cc. 42, 446, 448; 2013, c. 258; 2015, c. 662.","full_text":"A\n\nThe committing court shall conduct a hearing 12 months after the date of commitment to assess each respondent&#8217;s need for secure inpatient treatment. 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. A continuance extending the review may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties. Whenever practicable, the hearing for assessment shall be conducted using a two-way electronic video and audio communication system that meets the standards set forth in subsection B of &#xA7; 19.2-3.1.B\n\nPrior to the hearing, the Commissioner shall provide to the court a report reevaluating the respondent&#8217;s condition and recommending treatment. The report shall be prepared by a licensed psychiatrist or a licensed clinical psychologist skilled in the diagnosis and risk assessment of sex offenders and knowledgeable about the treatment of sex offenders. If the Commissioner&#8217;s report recommends discharge or the respondent requests discharge, the respondent&#8217;s condition and need for secure inpatient treatment shall be evaluated by a second person with such credentials who is not currently treating the respondent. Any professional person who conducts a second evaluation of a respondent shall submit a report of his findings to the court and the Commissioner. A copy of any report submitted pursuant to this subsection shall be sent to the Attorney General and to any attorney appointed or retained for the respondent.C\n\nThe burden of proof at the hearing shall be upon the Commonwealth to prove to the court by clear and convincing evidence that the respondent remains a sexually violent predator.D\n\nIf the court finds, based upon the report and other evidence provided at the hearing, that the respondent is no longer a sexually violent predator, the court shall release the respondent from secure inpatient treatment. If the court finds that the respondent remains a sexually violent predator, it shall order that he remain in the custody of the Commissioner for secure inpatient hospitalization and treatment or that he be conditionally released. To determine if the respondent shall be conditionally released, the court shall determine if the respondent meets the criteria for conditional release set forth in &#xA7; 37.2-912. If the court orders that the respondent be conditionally released, the court shall allow the Department no less than 30 days and no more than 60 days to prepare a conditional release plan. Any such plan must be able to accommodate needed and appropriate supervision and treatment plans for the respondent, including but not limited to, therapy or counseling, access to medications, availability of travel, location of residence, and regular psychological monitoring of the respondent if called for, including polygraph examinations, penile plethysmograph testing, or sexual interest testing, if necessary. Access to anti-androgen medications or other medication prescribed to lower blood serum testosterone shall not be used as a primary reason for determining that less restrictive alternatives are appropriate pursuant to this chapter. In preparing the conditional release plan, the Department shall notify the attorney for the Commonwealth, the chief law-enforcement officer, and the governing body for the locality that is the proposed location of the respondent&#8217;s residence upon his conditional release.\n\t\t\tIf the court places the respondent on conditional release, the court shall order the respondent to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release.","order_by":null,"text":{"0":{"id":210518,"text":"The committing court shall conduct a hearing 12 months after the date of commitment to assess each respondent&#8217;s need for secure inpatient treatment. 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. A continuance extending the review may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties. Whenever practicable, the hearing for assessment shall be conducted using a two-way electronic video and audio communication system that meets the standards set forth in subsection B of &#xA7; 19.2-3.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":210519,"text":"Prior to the hearing, the Commissioner shall provide to the court a report reevaluating the respondent&#8217;s condition and recommending treatment. The report shall be prepared by a licensed psychiatrist or a licensed clinical psychologist skilled in the diagnosis and risk assessment of sex offenders and knowledgeable about the treatment of sex offenders. If the Commissioner&#8217;s report recommends discharge or the respondent requests discharge, the respondent&#8217;s condition and need for secure inpatient treatment shall be evaluated by a second person with such credentials who is not currently treating the respondent. Any professional person who conducts a second evaluation of a respondent shall submit a report of his findings to the court and the Commissioner. A copy of any report submitted pursuant to this subsection shall be sent to the Attorney General and to any attorney appointed or retained for the respondent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":210520,"text":"The burden of proof at the hearing shall be upon the Commonwealth to prove to the court by clear and convincing evidence that the respondent remains a sexually violent predator.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":210521,"text":"If the court finds, based upon the report and other evidence provided at the hearing, that the respondent is no longer a sexually violent predator, the court shall release the respondent from secure inpatient treatment. If the court finds that the respondent remains a sexually violent predator, it shall order that he remain in the custody of the Commissioner for secure inpatient hospitalization and treatment or that he be conditionally released. To determine if the respondent shall be conditionally released, the court shall determine if the respondent meets the criteria for conditional release set forth in &#xA7; 37.2-912. If the court orders that the respondent be conditionally released, the court shall allow the Department no less than 30 days and no more than 60 days to prepare a conditional release plan. Any such plan must be able to accommodate needed and appropriate supervision and treatment plans for the respondent, including but not limited to, therapy or counseling, access to medications, availability of travel, location of residence, and regular psychological monitoring of the respondent if called for, including polygraph examinations, penile plethysmograph testing, or sexual interest testing, if necessary. Access to anti-androgen medications or other medication prescribed to lower blood serum testosterone shall not be used as a primary reason for determining that less restrictive alternatives are appropriate pursuant to this chapter. In preparing the conditional release plan, the Department shall notify the attorney for the Commonwealth, the chief law-enforcement officer, and the governing body for the locality that is the proposed location of the respondent&#8217;s residence upon his conditional release.\n\t\t\tIf the court places the respondent on conditional release, the court shall order the respondent to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13185,"edition_id":1,"name":"Civil Commitment of Sexually Violent Predators","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":210503,"object_type":"structure","relational_id":13185,"identifier":"9","token":"37.2\/III\/9","url":"\/37.2\/III\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55224,"structure_id":13185,"section_number":"37.2-900","catch_line":"Definitions","url":"\/37.2-900\/","token":"37.2\/III\/9\/37.2-900","metadata":false},{"id":55933,"structure_id":13185,"section_number":"37.2-900.1","catch_line":"Office of Sexually Violent Predator Services","url":"\/37.2-900.1\/","token":"37.2\/III\/9\/37.2-900.1","metadata":false},{"id":59056,"structure_id":13185,"section_number":"37.2-901","catch_line":"Civil proceeding; rights of respondents; discovery","url":"\/37.2-901\/","token":"37.2\/III\/9\/37.2-901","metadata":false},{"id":82519,"structure_id":13185,"section_number":"37.2-902","catch_line":"Commitment Review Committee; membership","url":"\/37.2-902\/","token":"37.2\/III\/9\/37.2-902","metadata":false},{"id":63502,"structure_id":13185,"section_number":"37.2-903","catch_line":"Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC","url":"\/37.2-903\/","token":"37.2\/III\/9\/37.2-903","metadata":false},{"id":59630,"structure_id":13185,"section_number":"37.2-904","catch_line":"CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation","url":"\/37.2-904\/","token":"37.2\/III\/9\/37.2-904","metadata":false},{"id":61154,"structure_id":13185,"section_number":"37.2-905","catch_line":"Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding disposition of review","url":"\/37.2-905\/","token":"37.2\/III\/9\/37.2-905","metadata":false},{"id":60446,"structure_id":13185,"section_number":"37.2-905.1","catch_line":"Substantial compliance","url":"\/37.2-905.1\/","token":"37.2\/III\/9\/37.2-905.1","metadata":false},{"id":81383,"structure_id":13185,"section_number":"37.2-905.2","catch_line":"Access to records","url":"\/37.2-905.2\/","token":"37.2\/III\/9\/37.2-905.2","metadata":false},{"id":87039,"structure_id":13185,"section_number":"37.2-906","catch_line":"Probable cause hearing; procedures","url":"\/37.2-906\/","token":"37.2\/III\/9\/37.2-906","metadata":false},{"id":64395,"structure_id":13185,"section_number":"37.2-907","catch_line":"Right to assistance of experts; compensation","url":"\/37.2-907\/","token":"37.2\/III\/9\/37.2-907","metadata":false},{"id":73700,"structure_id":13185,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","url":"\/37.2-908\/","token":"37.2\/III\/9\/37.2-908","metadata":false},{"id":71603,"structure_id":13185,"section_number":"37.2-909","catch_line":"Placement of committed respondents","url":"\/37.2-909\/","token":"37.2\/III\/9\/37.2-909","metadata":false},{"id":57455,"structure_id":13185,"section_number":"37.2-910","catch_line":"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition","url":"\/37.2-910\/","token":"37.2\/III\/9\/37.2-910","metadata":false},{"id":67428,"structure_id":13185,"section_number":"37.2-911","catch_line":"Petition for release; hearing; procedures","url":"\/37.2-911\/","token":"37.2\/III\/9\/37.2-911","metadata":false},{"id":74310,"structure_id":13185,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","url":"\/37.2-912\/","token":"37.2\/III\/9\/37.2-912","metadata":false},{"id":80606,"structure_id":13185,"section_number":"37.2-913","catch_line":"Emergency custody of conditionally released respondents; revocation of conditional release","url":"\/37.2-913\/","token":"37.2\/III\/9\/37.2-913","metadata":false},{"id":86508,"structure_id":13185,"section_number":"37.2-914","catch_line":"Modification or removal of conditions; notice; objections; review","url":"\/37.2-914\/","token":"37.2\/III\/9\/37.2-914","metadata":false},{"id":81420,"structure_id":13185,"section_number":"37.2-915","catch_line":"Representation of Commonwealth and person subject to commitment; nature of proceedings","url":"\/37.2-915\/","token":"37.2\/III\/9\/37.2-915","metadata":false},{"id":69080,"structure_id":13185,"section_number":"37.2-916","catch_line":"Authority of Commissioner; delegation to board; liability","url":"\/37.2-916\/","token":"37.2\/III\/9\/37.2-916","metadata":false},{"id":73119,"structure_id":13185,"section_number":"37.2-917","catch_line":"Escape of persons committed; penalty","url":"\/37.2-917\/","token":"37.2\/III\/9\/37.2-917","metadata":false},{"id":78434,"structure_id":13185,"section_number":"37.2-918","catch_line":"Persons on conditional release leaving Commonwealth; penalty","url":"\/37.2-918\/","token":"37.2\/III\/9\/37.2-918","metadata":false},{"id":74047,"structure_id":13185,"section_number":"37.2-919","catch_line":"Postrelease supervision of Department; commission of new criminal offense by person committed to Department","url":"\/37.2-919\/","token":"37.2\/III\/9\/37.2-919","metadata":false},{"id":54199,"structure_id":13185,"section_number":"37.2-920","catch_line":"Appeal by Attorney General; emergency custody order","url":"\/37.2-920\/","token":"37.2\/III\/9\/37.2-920","metadata":false},{"id":79122,"structure_id":13185,"section_number":"37.2-921","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/37.2-921\/","token":"37.2\/III\/9\/37.2-921","metadata":false}],"previous_section":{"id":71603,"structure_id":13185,"section_number":"37.2-909","catch_line":"Placement of committed respondents","url":"\/37.2-909\/","token":"37.2\/III\/9\/37.2-909","metadata":false},"next_section":{"id":67428,"structure_id":13185,"section_number":"37.2-911","catch_line":"Petition for release; hearing; procedures","url":"\/37.2-911\/","token":"37.2\/III\/9\/37.2-911","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-910\/","history_text":"<p>This law was first created in 1999. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0946\">946<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0985\">985<\/a> 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. It has been modified 8 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 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0776\">776<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0989\">989<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP1018\">1018<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0698\">698<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0730\">730<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0863\">863<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0914\">914<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0876\">876<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0042\">42<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0446\">446<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0448\">448<\/a>; in 2013, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?131+ful+CHAP0258\">258<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0662\">662<\/a>.<\/p>","references":[{"id":70993,"section_number":"37.2-844","catch_line":"Habeas corpus as means","order_by":null,"url":"\/37.2-844\/"},{"id":67428,"section_number":"37.2-911","catch_line":"Petition for release; hearing; procedures","order_by":null,"url":"\/37.2-911\/"},{"id":74047,"section_number":"37.2-919","catch_line":"Postrelease supervision of Department; commission of new criminal offense by person committed to Department","order_by":null,"url":"\/37.2-919\/"}],"refers_to":[{"id":74310,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","order_by":null,"url":"\/37.2-912\/"}],"permalink":{"id":210557,"object_type":"law","relational_id":57455,"identifier":"37.2-910","token":"37.2\/III\/9\/37.2-910","url":"\/37.2-910\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-910\/","token":"37.2\/III\/9\/37.2-910","dublin_core":{"Title":"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-910","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The committing <span class=\"dictionary\">court<\/span> shall conduct a <span class=\"dictionary\">hearing<\/span> 12 months after the date of commitment to assess each <span class=\"dictionary\">respondent<\/span>&#8217;s need for secure inpatient treatment. A <span class=\"dictionary\">hearing<\/span> for assessment shall be conducted at yearly intervals for five years and at biennial intervals thereafter. The <span class=\"dictionary\">court<\/span> shall schedule the matter for <span class=\"dictionary\">hearing<\/span> as soon as possible after it becomes due, giving the matter priority over all pending matters before the <span class=\"dictionary\">court<\/span>. A <span class=\"dictionary\">continuance<\/span> extending the review may be granted to either the <span class=\"dictionary\">Attorney General<\/span> or the <span class=\"dictionary\">respondent<\/span> upon good cause shown or by agreement of the parties. Whenever practicable, the <span class=\"dictionary\">hearing<\/span> for assessment shall be conducted using a two-way electronic video and audio communication system that meets the standards set forth in subsection B of &#xA7; <a class=\"law\" title=\"Personal appearance by two-way electronic video and audio communication; standards\" href=\"\/19.2-3.1\/\">19.2-3.1<\/a>. <a id=\"paragraph-210518\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-910\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Prior to the <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">Commissioner<\/span> shall provide to the <span class=\"dictionary\">court<\/span> a report reevaluating the <span class=\"dictionary\">respondent<\/span>&#8217;s condition and recommending treatment. The report shall be prepared by a licensed psychiatrist or a licensed clinical psychologist skilled in the diagnosis and risk assessment of sex offenders and knowledgeable about the treatment of sex offenders. If the <span class=\"dictionary\">Commissioner<\/span>&#8217;s report recommends discharge or the <span class=\"dictionary\">respondent<\/span> requests discharge, the <span class=\"dictionary\">respondent<\/span>&#8217;s condition and need for secure inpatient treatment shall be evaluated by a second person with such credentials who is not currently treating the <span class=\"dictionary\">respondent<\/span>. Any professional person who conducts a second evaluation of a <span class=\"dictionary\">respondent<\/span> shall submit a report of his <span class=\"dictionary\">findings<\/span> to the <span class=\"dictionary\">court<\/span> and the <span class=\"dictionary\">Commissioner<\/span>. A copy of any report submitted pursuant to this subsection shall be sent to the <span class=\"dictionary\">Attorney General<\/span> and to any attorney appointed or retained for the <span class=\"dictionary\">respondent<\/span>. <a id=\"paragraph-210519\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-910\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">burden of proof<\/span> at the <span class=\"dictionary\">hearing<\/span> shall be upon the Commonwealth to prove to the <span class=\"dictionary\">court<\/span> by clear and convincing <span class=\"dictionary\">evidence<\/span> that the <span class=\"dictionary\">respondent<\/span> remains a <span class=\"dictionary\">sexually violent predator<\/span>. <a id=\"paragraph-210520\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-910\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If the court finds, based upon the report and other <span class=\"dictionary\">evidence<\/span> provided at the <span class=\"dictionary\">hearing<\/span>, that the <span class=\"dictionary\">respondent<\/span> is no longer a <span class=\"dictionary\">sexually violent predator<\/span>, the court shall release the <span class=\"dictionary\">respondent<\/span> from secure inpatient treatment. If the court finds that the <span class=\"dictionary\">respondent<\/span> remains a <span class=\"dictionary\">sexually violent predator<\/span>, it shall <span class=\"dictionary\">order<\/span> that he remain in the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Commissioner<\/span> for secure inpatient hospitalization and treatment or that he be conditionally released. To determine if the <span class=\"dictionary\">respondent<\/span> shall be conditionally released, the court shall determine if the <span class=\"dictionary\">respondent<\/span> meets the criteria for conditional release set forth in &#xA7; <a class=\"law\" title=\"Conditional release; criteria; conditions; reports; penalty\" href=\"\/37.2-912\/\">37.2-912<\/a>. If the <span class=\"dictionary\">court orders<\/span> that the <span class=\"dictionary\">respondent<\/span> be conditionally released, the court shall allow the <span class=\"dictionary\">Department<\/span> no less than 30 days and no more than 60 days to prepare a conditional release plan. Any such plan must be able to accommodate needed and appropriate supervision and treatment plans for the <span class=\"dictionary\">respondent<\/span>, including but not limited to, therapy or counseling, access to medications, availability of travel, location of residence, and regular psychological monitoring of the <span class=\"dictionary\">respondent<\/span> if called for, including polygraph examinations, penile plethysmograph testing, or sexual interest testing, if necessary. Access to anti-androgen medications or other medication prescribed to lower blood serum testosterone shall not be used as a primary reason for determining that less restrictive alternatives are appropriate pursuant to this chapter. In preparing the conditional release plan, the <span class=\"dictionary\">Department<\/span> shall notify the attorney for the Commonwealth, the chief <span class=\"dictionary\">law<\/span>-enforcement officer, and the governing body for the locality that is the proposed location of the <span class=\"dictionary\">respondent<\/span>&#8217;s residence upon his conditional release.\n\t\t\tIf the court places the <span class=\"dictionary\">respondent<\/span> on conditional release, the court shall <span class=\"dictionary\">order<\/span> the <span class=\"dictionary\">respondent<\/span> to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release. <a id=\"paragraph-210521\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-910\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nREVIEW OF CONTINUATION OF SECURE INPATIENT TREATMENT HEARING; PROCEDURE AND\nREPORTS; DISPOSITION (\u00a7 37.2-910)\n\nA. The committing court shall conduct a hearing 12 months after the date of\ncommitment to assess each respondent&#8217;s need for secure inpatient\ntreatment. A hearing for assessment shall be conducted at yearly intervals for\nfive years and at biennial intervals thereafter. The court shall schedule the\nmatter for hearing as soon as possible after it becomes due, giving the matter\npriority over all pending matters before the court. A continuance extending the\nreview may be granted to either the Attorney General or the respondent upon good\ncause shown or by agreement of the parties. Whenever practicable, the hearing\nfor assessment shall be conducted using a two-way electronic video and audio\ncommunication system that meets the standards set forth in subsection B of\n&#xA7; 19.2-3.1.\n\nB. Prior to the hearing, the Commissioner shall provide to the court a report\nreevaluating the respondent&#8217;s condition and recommending treatment. The\nreport shall be prepared by a licensed psychiatrist or a licensed clinical\npsychologist skilled in the diagnosis and risk assessment of sex offenders and\nknowledgeable about the treatment of sex offenders. If the Commissioner&#8217;s\nreport recommends discharge or the respondent requests discharge, the\nrespondent&#8217;s condition and need for secure inpatient treatment shall be\nevaluated by a second person with such credentials who is not currently treating\nthe respondent. Any professional person who conducts a second evaluation of a\nrespondent shall submit a report of his findings to the court and the\nCommissioner. A copy of any report submitted pursuant to this subsection shall\nbe sent to the Attorney General and to any attorney appointed or retained for\nthe respondent.\n\nC. The burden of proof at the hearing shall be upon the Commonwealth to prove to\nthe court by clear and convincing evidence that the respondent remains a\nsexually violent predator.\n\nD. If the court finds, based upon the report and other evidence provided at the\nhearing, that the respondent is no longer a sexually violent predator, the court\nshall release the respondent from secure inpatient treatment. If the court finds\nthat the respondent remains a sexually violent predator, it shall order that he\nremain in the custody of the Commissioner for secure inpatient hospitalization\nand treatment or that he be conditionally released. To determine if the\nrespondent shall be conditionally released, the court shall determine if the\nrespondent meets the criteria for conditional release set forth in &#xA7;\n37.2-912. If the court orders that the respondent be conditionally released, the\ncourt shall allow the Department no less than 30 days and no more than 60 days\nto prepare a conditional release plan. Any such plan must be able to accommodate\nneeded and appropriate supervision and treatment plans for the respondent,\nincluding but not limited to, therapy or counseling, access to medications,\navailability of travel, location of residence, and regular psychological\nmonitoring of the respondent if called for, including polygraph examinations,\npenile plethysmograph testing, or sexual interest testing, if necessary. Access\nto anti-androgen medications or other medication prescribed to lower blood serum\ntestosterone shall not be used as a primary reason for determining that less\nrestrictive alternatives are appropriate pursuant to this chapter. In preparing\nthe conditional release plan, the Department shall notify the attorney for the\nCommonwealth, the chief law-enforcement officer, and the governing body for the\nlocality that is the proposed location of the respondent&#8217;s residence upon\nhis conditional release.\n\t\t\tIf the court places the respondent on conditional release, the court shall\norder the respondent to be subject to electronic monitoring of his location by\nmeans of a GPS (Global Positioning System) tracking device, or other similar\ndevice, at all times while he is on conditional release.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.11; 2001, c. 776; 2003, cc. 989, 1018;\n2005, c. 716; 2006, cc. 698, 730, 863, 914; 2007, c. 876; 2011, cc. 42, 446,\n448; 2013, c. 258; 2015, c. 662.","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}}