{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-913.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-913.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-913.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-913.html"}],"law_id":80606,"edition_id":1,"section_id":80606,"structure_id":13185,"section_number":"37.2-913","catch_line":"Emergency custody of conditionally released respondents; revocation of conditional release","history":"1999, cc. 946, 985, \u00a7 37.1-70.14; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 51, 716; 2009, c. 740; 2011, c. 42; 2015, c. 662.","full_text":"A\n\nA judicial officer may issue an emergency custody order, upon the sworn petition of any responsible person or upon his own motion, based upon probable cause to believe that a respondent on conditional release within his judicial district has violated the conditions of his release and is no longer a proper subject for conditional release. The judicial officer shall forward a copy of the petition and the emergency custody order to the circuit court that conditionally released the respondent, the Attorney General, the Department, and the attorney for the Commonwealth for the locality that is the location of the respondent’s residence. Petitions and orders for emergency custody of conditionally released respondents pursuant to this section may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an original document. All signatures thereon shall be treated as original signatures.B\n\nThe emergency custody order shall require a law-enforcement officer to take the respondent into custody immediately. A law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order pursuant to this section. The respondent shall be transported to a secure facility specified by the Department where a person designated by the Department who is skilled in the diagnosis and risk assessment of sex offenders and knowledgeable about the treatment of sex offenders shall, as soon as practicable, perform a mental health examination of the respondent, including a personal interview. The mental health evaluator shall consider the criteria in § 37.2-912 and shall opine whether the respondent remains suitable for conditional release. The evaluator shall report his findings and conclusions in writing to the Department, the Office of the Attorney General, counsel for the respondent, and the court in which the petition was filed. The evaluator’s report shall become part of the record in the case.C\n\nThe respondent on conditional release shall remain in custody until a hearing is held in the circuit court that conditionally released the respondent on the motion or petition to determine if he should be returned to the custody of the Commissioner. The hearing shall be given priority on the court’s docket.D\n\nThe respondent’s failure to comply with the conditions of release, including outpatient treatment, may be admitted into evidence. The evaluator designated in subsection B may be permitted to testify at the hearing as to his diagnosis, his opinion as to whether the respondent remains suitable for conditional release, his recommendation as to treatment and supervision, and the basis for his opinions. If upon hearing the evidence, the court finds that the respondent on conditional release has violated the conditions of his release and that the violation of conditions was sufficient to render him no longer suitable for conditional release, the court shall revoke his conditional release and order him returned to the custody of the Commissioner for secure inpatient treatment. The respondent may petition the court for re-release pursuant to the conditions set forth in § 37.2-911 no sooner than six months from his return to custody. The respondent petitioning for re-release shall transmit a copy of the petition to the Attorney General, the Commissioner, and the attorney for the Commonwealth for the locality that is the proposed location of the respondent’s residence.","order_by":null,"text":{"0":{"id":288929,"text":"A judicial officer may issue an emergency custody order, upon the sworn petition of any responsible person or upon his own motion, based upon probable cause to believe that a respondent on conditional release within his judicial district has violated the conditions of his release and is no longer a proper subject for conditional release. The judicial officer shall forward a copy of the petition and the emergency custody order to the circuit court that conditionally released the respondent, the Attorney General, the Department, and the attorney for the Commonwealth for the locality that is the location of the respondent’s residence. Petitions and orders for emergency custody of conditionally released respondents pursuant to this section may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an original document. All signatures thereon shall be treated as original signatures.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288930,"text":"The emergency custody order shall require a law-enforcement officer to take the respondent into custody immediately. A law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order pursuant to this section. The respondent shall be transported to a secure facility specified by the Department where a person designated by the Department who is skilled in the diagnosis and risk assessment of sex offenders and knowledgeable about the treatment of sex offenders shall, as soon as practicable, perform a mental health examination of the respondent, including a personal interview. The mental health evaluator shall consider the criteria in § 37.2-912 and shall opine whether the respondent remains suitable for conditional release. The evaluator shall report his findings and conclusions in writing to the Department, the Office of the Attorney General, counsel for the respondent, and the court in which the petition was filed. The evaluator’s report shall become part of the record in the case.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288931,"text":"The respondent on conditional release shall remain in custody until a hearing is held in the circuit court that conditionally released the respondent on the motion or petition to determine if he should be returned to the custody of the Commissioner. The hearing shall be given priority on the court’s docket.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288932,"text":"The respondent’s failure to comply with the conditions of release, including outpatient treatment, may be admitted into evidence. The evaluator designated in subsection B may be permitted to testify at the hearing as to his diagnosis, his opinion as to whether the respondent remains suitable for conditional release, his recommendation as to treatment and supervision, and the basis for his opinions. If upon hearing the evidence, the court finds that the respondent on conditional release has violated the conditions of his release and that the violation of conditions was sufficient to render him no longer suitable for conditional release, the court shall revoke his conditional release and order him returned to the custody of the Commissioner for secure inpatient treatment. The respondent may petition the court for re-release pursuant to the conditions set forth in § 37.2-911 no sooner than six months from his return to custody. The respondent petitioning for re-release shall transmit a copy of the petition to the Attorney General, the Commissioner, and the attorney for the Commonwealth for the locality that is the proposed location of the respondent’s residence.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-913\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 946<\/a> and 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 6 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 776<\/a>; in 2003, chapters 989<\/a> and 1018<\/a>; in 2005, chapters 51<\/a> and 716<\/a>; in 2009, chapter 740<\/a>; in 2011, chapter 42<\/a>; in 2015, chapter 662<\/a>.<\/p>","references":false,"refers_to":[{"id":67428,"section_number":"37.2-911","catch_line":"Petition for release; hearing; procedures","order_by":null,"url":"\/37.2-911\/"},{"id":74310,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","order_by":null,"url":"\/37.2-912\/"}],"permalink":{"id":210569,"object_type":"law","relational_id":80606,"identifier":"37.2-913","token":"37.2\/III\/9\/37.2-913","url":"\/37.2-913\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-913\/","token":"37.2\/III\/9\/37.2-913","dublin_core":{"Title":"Emergency custody of conditionally released respondents; revocation of conditional release","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-913","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A judicial officer may issue<\/span> an emergency custody<\/span> order<\/span>, upon the sworn petition<\/span> of any responsible person or upon his own motion<\/span>, based upon probable cause<\/span> to believe that a respondent<\/span> on conditional release within his judicial district has violated the conditions of his release and is no longer a proper subject for conditional release. The judicial officer shall forward a copy of the petition<\/span> and the emergency custody<\/span> order<\/span> to the circuit<\/span> court<\/span> that conditionally released the respondent<\/span>, the Attorney General<\/span>, the Department<\/span>, and the attorney for the Commonwealth for the locality that is the location of the respondent<\/span>’s residence. Petitions<\/span> and orders<\/span> for emergency custody<\/span> of conditionally released respondents<\/span> pursuant to this section may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority<\/span> as an original document. All signatures thereon shall be treated as original signatures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The emergency custody<\/span> order<\/span> shall require a law<\/span>-enforcement officer to take the respondent<\/span> into custody<\/span> immediately. A law<\/span>-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody<\/span> order<\/span> pursuant to this section. The respondent<\/span> shall be transported to a secure facility<\/span> specified by the Department<\/span> where a person designated by the Department<\/span> who is skilled in the diagnosis and risk assessment of sex offenders and knowledgeable about the treatment of sex offenders shall, as soon as practicable, perform a mental health examination of the respondent<\/span>, including a personal interview. The mental health evaluator shall consider the criteria in § 37.2-912<\/a> and shall opine whether the respondent<\/span> remains suitable for conditional release. The evaluator shall report his findings<\/span> and conclusions in writing to the Department<\/span>, the Office of the Attorney General<\/span>, counsel<\/span> for the respondent<\/span>, and the court<\/span> in which the petition<\/span> was filed. The evaluator’s report shall become part of the record in the case. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The respondent<\/span> on conditional release shall remain in custody<\/span> until a hearing<\/span> is held in the circuit<\/span> court<\/span> that conditionally released the respondent<\/span> on the motion<\/span> or petition<\/span> to determine if he should be returned to the custody<\/span> of the Commissioner<\/span>. The hearing<\/span> shall be given priority on the court<\/span>’s docket<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The respondent<\/span>’s failure to comply with the conditions of release, including outpatient treatment, may be admitted into evidence<\/span>. The evaluator designated in subsection B may be permitted to testify at the hearing<\/span> as to his diagnosis, his opinion<\/span> as to whether the respondent<\/span> remains suitable for conditional release, his recommendation as to treatment and supervision, and the basis for his opinions<\/span>. If upon hearing<\/span> the evidence<\/span>, the court<\/span> finds that the respondent<\/span> on conditional release has violated the conditions of his release and that the violation of conditions was sufficient to render him no longer suitable for conditional release, the court<\/span> shall revoke his conditional release and order<\/span> him returned to the custody<\/span> of the Commissioner<\/span> for secure inpatient treatment. The respondent<\/span> may petition<\/span> the court<\/span> for re-release pursuant to the conditions set forth in § 37.2-911<\/a> no sooner than six months from his return to custody<\/span>. The respondent<\/span> petitioning for re-release shall transmit a copy of the petition<\/span> to the Attorney General<\/span>, the Commissioner<\/span>, and the attorney for the Commonwealth for the locality that is the proposed location of the respondent<\/span>’s residence. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY CUSTODY OF CONDITIONALLY RELEASED RESPONDENTS; REVOCATION OF\nCONDITIONAL RELEASE (\u00a7 37.2-913)\n\nA. A judicial officer may issue an emergency custody order, upon the sworn\npetition of any responsible person or upon his own motion, based upon probable\ncause to believe that a respondent on conditional release within his judicial\ndistrict has violated the conditions of his release and is no longer a proper\nsubject for conditional release. The judicial officer shall forward a copy of\nthe petition and the emergency custody order to the circuit court that\nconditionally released the respondent, the Attorney General, the Department, and\nthe attorney for the Commonwealth for the locality that is the location of the\nrespondent’s residence. Petitions and orders for emergency custody of\nconditionally released respondents pursuant to this section may be filed,\nissued, served, or executed by electronic means, with or without the use of\ntwo-way electronic video and audio communication, and returned in the same\nmanner with the same force, effect, and authority as an original document. All\nsignatures thereon shall be treated as original signatures.\n\nB. The emergency custody order shall require a law-enforcement officer to take\nthe respondent into custody immediately. A law-enforcement officer may lawfully\ngo to or be sent beyond the territorial limits of the county, city, or town in\nwhich he serves to any point in the Commonwealth for the purpose of executing an\nemergency custody order pursuant to this section. The respondent shall be\ntransported to a secure facility specified by the Department where a person\ndesignated by the Department who is skilled in the diagnosis and risk assessment\nof sex offenders and knowledgeable about the treatment of sex offenders shall,\nas soon as practicable, perform a mental health examination of the respondent,\nincluding a personal interview. The mental health evaluator shall consider the\ncriteria in § 37.2-912 and shall opine whether the respondent remains\nsuitable for conditional release. The evaluator shall report his findings and\nconclusions in writing to the Department, the Office of the Attorney General,\ncounsel for the respondent, and the court in which the petition was filed. The\nevaluator’s report shall become part of the record in the case.\n\nC. The respondent on conditional release shall remain in custody until a hearing\nis held in the circuit court that conditionally released the respondent on the\nmotion or petition to determine if he should be returned to the custody of the\nCommissioner. The hearing shall be given priority on the court’s docket.\n\nD. The respondent’s failure to comply with the conditions of release,\nincluding outpatient treatment, may be admitted into evidence. The evaluator\ndesignated in subsection B may be permitted to testify at the hearing as to his\ndiagnosis, his opinion as to whether the respondent remains suitable for\nconditional release, his recommendation as to treatment and supervision, and the\nbasis for his opinions. If upon hearing the evidence, the court finds that the\nrespondent on conditional release has violated the conditions of his release and\nthat the violation of conditions was sufficient to render him no longer suitable\nfor conditional release, the court shall revoke his conditional release and\norder him returned to the custody of the Commissioner for secure inpatient\ntreatment. The respondent may petition the court for re-release pursuant to the\nconditions set forth in § 37.2-911 no sooner than six months from his\nreturn to custody. The respondent petitioning for re-release shall transmit a\ncopy of the petition to the Attorney General, the Commissioner, and the attorney\nfor the Commonwealth for the locality that is the proposed location of the\nrespondent’s residence.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.14; 2001, c. 776; 2003, cc. 989, 1018;\n2005, cc. 51, 716; 2009, c. 740; 2011, c. 42; 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}}