{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-912.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-912.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-912.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-912.html"}],"law_id":74310,"edition_id":1,"section_id":74310,"structure_id":13185,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","history":"1999, cc. 946, 985, \u00a7 37.1-70.13; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2006, cc. 698, 730, 863, 914; 2007, c. 876; 2009, cc. 740, 813, 840; 2023, cc. 379, 380.","full_text":"A\n\nAt any time the court considers the respondent&#8217;s need for secure inpatient treatment pursuant to this chapter, it shall place the respondent on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that the respondent, if conditionally released, would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety. In making its determination, the court may consider (a) the nature and circumstances of the sexually violent offense for which the respondent was charged or convicted, including the age and maturity of the victim; (b) the results of any actuarial test, including the likelihood of recidivism; (c) the results of any diagnostic tests previously administered to the respondent under this chapter; (d) the respondent&#8217;s mental history, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (e) the respondent&#8217;s present mental condition; (f) the respondent&#8217;s response to treatment while in secure inpatient treatment or on conditional release, including his disciplinary record and any infractions; (g) the respondent&#8217;s living arrangements and potential employment if he were to be placed on conditional release; (h) the availability of transportation and appropriate supervision to ensure participation by the respondent in necessary treatment; and (i) any other factors that the court deems relevant. The court shall subject the respondent to the orders and conditions it deems will best meet his need for treatment and supervision and best serve the interests of justice and society. In all cases of 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.\n\t\t\tThe Department or, if the respondent is on parole or probation, the respondent&#8217;s parole or probation officer shall implement the court&#8217;s conditional release orders and shall submit written reports to the court on the respondent&#8217;s progress and adjustment in the community no less frequently than every six months. The Department of Behavioral Health and Developmental Services is authorized to contract with the Department of Corrections to provide services for the monitoring and supervision of sexually violent predators who are on conditional release.\n\t\t\tThe Department or, if the respondent is on parole or probation, the respondent&#8217;s parole or probation officer shall send a copy of each written report submitted to the court and copies of all correspondence with the court pursuant to this section to the Attorney General and the Commissioner.B\n\nNotwithstanding any other provision of law, when any respondent is placed on conditional release under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department, or if the respondent is on parole or probation, the respondent&#8217;s parole or probation officer, all relevant criminal history information, medical and mental health records, presentence and postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to this chapter, for use in the management and treatment of the respondent placed on conditional release. Any information or document provided pursuant to this subsection shall not be subject to disclosure under the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).C\n\nAny person placed on conditional release pursuant to this chapter who tampers with or in any way attempts to circumvent the operation of his GPS equipment is guilty of a Class 6 felony.","order_by":null,"text":{"0":{"id":267150,"text":"At any time the court considers the respondent&#8217;s need for secure inpatient treatment pursuant to this chapter, it shall place the respondent on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that the respondent, if conditionally released, would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety. In making its determination, the court may consider (a) the nature and circumstances of the sexually violent offense for which the respondent was charged or convicted, including the age and maturity of the victim; (b) the results of any actuarial test, including the likelihood of recidivism; (c) the results of any diagnostic tests previously administered to the respondent under this chapter; (d) the respondent&#8217;s mental history, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (e) the respondent&#8217;s present mental condition; (f) the respondent&#8217;s response to treatment while in secure inpatient treatment or on conditional release, including his disciplinary record and any infractions; (g) the respondent&#8217;s living arrangements and potential employment if he were to be placed on conditional release; (h) the availability of transportation and appropriate supervision to ensure participation by the respondent in necessary treatment; and (i) any other factors that the court deems relevant. The court shall subject the respondent to the orders and conditions it deems will best meet his need for treatment and supervision and best serve the interests of justice and society. In all cases of 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.\n\t\t\tThe Department or, if the respondent is on parole or probation, the respondent&#8217;s parole or probation officer shall implement the court&#8217;s conditional release orders and shall submit written reports to the court on the respondent&#8217;s progress and adjustment in the community no less frequently than every six months. The Department of Behavioral Health and Developmental Services is authorized to contract with the Department of Corrections to provide services for the monitoring and supervision of sexually violent predators who are on conditional release.\n\t\t\tThe Department or, if the respondent is on parole or probation, the respondent&#8217;s parole or probation officer shall send a copy of each written report submitted to the court and copies of all correspondence with the court pursuant to this section to the Attorney General and the Commissioner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":267151,"text":"Notwithstanding any other provision of law, when any respondent is placed on conditional release under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department, or if the respondent is on parole or probation, the respondent&#8217;s parole or probation officer, all relevant criminal history information, medical and mental health records, presentence and postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to this chapter, for use in the management and treatment of the respondent placed on conditional release. Any information or document provided pursuant to this subsection shall not be subject to disclosure under the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":267152,"text":"Any person placed on conditional release pursuant to this chapter who tampers with or in any way attempts to circumvent the operation of his GPS equipment is guilty of a Class 6 felony.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-912\/","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 7 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, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0914\">914<\/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 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0740\">740<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0813\">813<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0840\">840<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0379\">379<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0380\">380<\/a>.<\/p>","references":[{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":73700,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","order_by":null,"url":"\/37.2-908\/"},{"id":57455,"section_number":"37.2-910","catch_line":"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition","order_by":null,"url":"\/37.2-910\/"},{"id":80606,"section_number":"37.2-913","catch_line":"Emergency custody of conditionally released respondents; revocation of conditional release","order_by":null,"url":"\/37.2-913\/"},{"id":86508,"section_number":"37.2-914","catch_line":"Modification or removal of conditions; notice; objections; review","order_by":null,"url":"\/37.2-914\/"},{"id":63884,"section_number":"53.1-145","catch_line":"Powers and duties of probation and parole officers","order_by":null,"url":"\/53.1-145\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":210565,"object_type":"law","relational_id":74310,"identifier":"37.2-912","token":"37.2\/III\/9\/37.2-912","url":"\/37.2-912\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-912\/","token":"37.2\/III\/9\/37.2-912","dublin_core":{"Title":"Conditional release; criteria; conditions; reports; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-912","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> At any time the <span class=\"dictionary\">court<\/span> considers the <span class=\"dictionary\">respondent<\/span>&#8217;s need for secure inpatient treatment pursuant to this chapter, it shall place the <span class=\"dictionary\">respondent<\/span> on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that the <span class=\"dictionary\">respondent<\/span>, if conditionally released, would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety. In making its determination, the <span class=\"dictionary\">court<\/span> may consider (a) the nature and circumstances of the <span class=\"dictionary\">sexually violent offense<\/span> for which the <span class=\"dictionary\">respondent<\/span> was charged or convicted, including the age and maturity of the victim; (b) the results of any actuarial test, including the likelihood of recidivism; (c) the results of any diagnostic tests previously administered to the <span class=\"dictionary\">respondent<\/span> under this chapter; (d) the <span class=\"dictionary\">respondent<\/span>&#8217;s mental history, including treatments for <span class=\"dictionary\">mental illness<\/span> or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (e) the <span class=\"dictionary\">respondent<\/span>&#8217;s present mental condition; (f) the <span class=\"dictionary\">respondent<\/span>&#8217;s response to treatment while in secure inpatient treatment or on conditional release, including his disciplinary record and any infractions; (g) the <span class=\"dictionary\">respondent<\/span>&#8217;s living arrangements and potential employment if he were to be placed on conditional release; (h) the availability of transportation and appropriate supervision to ensure participation by the <span class=\"dictionary\">respondent<\/span> in necessary treatment; and (i) any other factors that the <span class=\"dictionary\">court<\/span> deems relevant. The <span class=\"dictionary\">court<\/span> shall subject the <span class=\"dictionary\">respondent<\/span> to the <span class=\"dictionary\">orders<\/span> and conditions it deems will best meet his need for treatment and supervision and best serve the interests of justice and society. In all cases of conditional release, the <span class=\"dictionary\">court<\/span> 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.\n\t\t\tThe <span class=\"dictionary\">Department<\/span> or, if the <span class=\"dictionary\">respondent<\/span> is on <span class=\"dictionary\">parole<\/span> or probation, the <span class=\"dictionary\">respondent<\/span>&#8217;s <span class=\"dictionary\">parole<\/span> or <span class=\"dictionary\">probation officer<\/span> shall implement the <span class=\"dictionary\">court<\/span>&#8217;s conditional release <span class=\"dictionary\">orders<\/span> and shall submit written reports to the <span class=\"dictionary\">court<\/span> on the <span class=\"dictionary\">respondent<\/span>&#8217;s progress and adjustment in the community no less frequently than every six months. The <span class=\"dictionary\">Department<\/span> of Behavioral Health and <span class=\"dictionary\">Developmental Services<\/span> is authorized to <span class=\"dictionary\">contract<\/span> with the <span class=\"dictionary\">Department<\/span> of Corrections to provide services for the monitoring and supervision of <span class=\"dictionary\">sexually violent predators<\/span> who are on conditional release.\n\t\t\tThe <span class=\"dictionary\">Department<\/span> or, if the <span class=\"dictionary\">respondent<\/span> is on <span class=\"dictionary\">parole<\/span> or probation, the <span class=\"dictionary\">respondent<\/span>&#8217;s <span class=\"dictionary\">parole<\/span> or <span class=\"dictionary\">probation officer<\/span> shall send a copy of each written report submitted to the <span class=\"dictionary\">court<\/span> and copies of all correspondence with the <span class=\"dictionary\">court<\/span> pursuant to this section to the <span class=\"dictionary\">Attorney General<\/span> and the <span class=\"dictionary\">Commissioner<\/span>. <a id=\"paragraph-267150\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-912\/#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> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, when any <span class=\"dictionary\">respondent<\/span> is placed on conditional release under this article, the <span class=\"dictionary\">Department<\/span> of Corrections and the Office of the <span class=\"dictionary\">Attorney General<\/span> shall provide to the <span class=\"dictionary\">Department<\/span>, or if the <span class=\"dictionary\">respondent<\/span> is on <span class=\"dictionary\">parole<\/span> or probation, the <span class=\"dictionary\">respondent<\/span>&#8217;s <span class=\"dictionary\">parole<\/span> or <span class=\"dictionary\">probation officer<\/span>, all relevant criminal history information, medical and mental health records, presentence and postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to this chapter, for use in the management and treatment of the <span class=\"dictionary\">respondent<\/span> placed on conditional release. Any information or document provided pursuant to this subsection shall not be subject to disclosure under the Virginia Freedom of Information Act (&#xA7; <a class=\"law\" title=\"Short title; policy\" href=\"\/2.2-3700\/\">2.2-3700<\/a> et seq.). <a id=\"paragraph-267151\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-912\/#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> Any person placed on conditional release pursuant to this chapter who tampers with or in any way attempts to circumvent the operation of his GPS equipment is guilty of a Class 6 <span class=\"dictionary\">felony<\/span>. <a id=\"paragraph-267152\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-912\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCONDITIONAL RELEASE; CRITERIA; CONDITIONS; REPORTS; PENALTY (\u00a7 37.2-912)\n\nA. At any time the court considers the respondent&#8217;s need for secure\ninpatient treatment pursuant to this chapter, it shall place the respondent on\nconditional release if it finds that (i) he does not need secure inpatient\ntreatment but needs outpatient treatment or monitoring to prevent his condition\nfrom deteriorating to a degree that he would need secure inpatient treatment;\n(ii) appropriate outpatient supervision and treatment are reasonably available;\n(iii) there is significant reason to believe that the respondent, if\nconditionally released, would comply with the conditions specified; and (iv)\nconditional release will not present an undue risk to public safety. In making\nits determination, the court may consider (a) the nature and circumstances of\nthe sexually violent offense for which the respondent was charged or convicted,\nincluding the age and maturity of the victim; (b) the results of any actuarial\ntest, including the likelihood of recidivism; (c) the results of any diagnostic\ntests previously administered to the respondent under this chapter; (d) the\nrespondent&#8217;s mental history, including treatments for mental illness or\nmental disorders, participation in and response to therapy or treatment, and any\nhistory of previous hospitalizations; (e) the respondent&#8217;s present mental\ncondition; (f) the respondent&#8217;s response to treatment while in secure\ninpatient treatment or on conditional release, including his disciplinary record\nand any infractions; (g) the respondent&#8217;s living arrangements and\npotential employment if he were to be placed on conditional release; (h) the\navailability of transportation and appropriate supervision to ensure\nparticipation by the respondent in necessary treatment; and (i) any other\nfactors that the court deems relevant. The court shall subject the respondent to\nthe orders and conditions it deems will best meet his need for treatment and\nsupervision and best serve the interests of justice and society. In all cases of\nconditional release, the court shall order the respondent to be subject to\nelectronic monitoring of his location by means of a GPS (Global Positioning\nSystem) tracking device, or other similar device, at all times while he is on\nconditional release.\n\t\t\tThe Department or, if the respondent is on parole or probation, the\nrespondent&#8217;s parole or probation officer shall implement the court&#8217;s\nconditional release orders and shall submit written reports to the court on the\nrespondent&#8217;s progress and adjustment in the community no less frequently\nthan every six months. The Department of Behavioral Health and Developmental\nServices is authorized to contract with the Department of Corrections to provide\nservices for the monitoring and supervision of sexually violent predators who\nare on conditional release.\n\t\t\tThe Department or, if the respondent is on parole or probation, the\nrespondent&#8217;s parole or probation officer shall send a copy of each written\nreport submitted to the court and copies of all correspondence with the court\npursuant to this section to the Attorney General and the Commissioner.\n\nB. Notwithstanding any other provision of law, when any respondent is placed on\nconditional release under this article, the Department of Corrections and the\nOffice of the Attorney General shall provide to the Department, or if the\nrespondent is on parole or probation, the respondent&#8217;s parole or probation\nofficer, all relevant criminal history information, medical and mental health\nrecords, presentence and postsentence reports and victim impact statements, and\nthe mental health evaluations performed pursuant to this chapter, for use in the\nmanagement and treatment of the respondent placed on conditional release. Any\ninformation or document provided pursuant to this subsection shall not be\nsubject to disclosure under the Virginia Freedom of Information Act (&#xA7;\n2.2-3700 et seq.).\n\nC. Any person placed on conditional release pursuant to this chapter who tampers\nwith or in any way attempts to circumvent the operation of his GPS equipment is\nguilty of a Class 6 felony.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.13; 2001, c. 776; 2003, cc. 989, 1018;\n2005, cc. 716, 914; 2006, cc. 698, 730, 863, 914; 2007, c. 876; 2009, cc. 740,\n813, 840; 2023, cc. 379, 380.","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}}