{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-919.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-919.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-919.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-919.html"}],"law_id":74047,"edition_id":1,"section_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","history":"2005, cc. 716, 914; 2006, cc. 863, 914; 2009, cc. 813, 840.","full_text":"A\n\nIf a person committed to the Department of Behavioral Health and Developmental Services, whether in involuntary secure inpatient treatment or on conditional release, who is also on probation, parole, or postrelease supervision, fails to comply with any conditions established by the Department, or fails to comply with the terms of a treatment plan, the Department shall so notify the Department of Corrections or the person&#8217;s probation and parole officer.B\n\nIf a person committed to the Department of Behavioral Health and Developmental Services is arrested for a felony or Class 1 or 2 misdemeanor offense, he shall be transported to a judicial officer forthwith for a bond determination in accordance with the provisions of &#xA7; 19.2-80. If the judicial officer admits the accused to bail, he shall, upon his admission to bail, be immediately transported back into the custody of the Department of Behavioral Health and Developmental Services. If, after trial for this offense, no active period of incarceration is imposed, or if the person is acquitted or the charges are withdrawn or dismissed, he shall be returned to the Department of Behavioral Health and Developmental Services pursuant to his commitment. If a period of active incarceration of 12 months or longer is imposed or any suspended sentence is revoked resulting in the person being returned to the Department of Corrections for a period of active incarceration of 12 months or longer, the person shall not be entitled to an annual or biennial review hearing pursuant to &#xA7; 37.2-910 until 12 months after he has been returned to the custody of the Commissioner. Such reincarceration shall toll the provisions of &#xA7; 37.2-910.","order_by":null,"text":{"0":{"id":266325,"text":"If a person committed to the Department of Behavioral Health and Developmental Services, whether in involuntary secure inpatient treatment or on conditional release, who is also on probation, parole, or postrelease supervision, fails to comply with any conditions established by the Department, or fails to comply with the terms of a treatment plan, the Department shall so notify the Department of Corrections or the person&#8217;s probation and parole officer.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266326,"text":"If a person committed to the Department of Behavioral Health and Developmental Services is arrested for a felony or Class 1 or 2 misdemeanor offense, he shall be transported to a judicial officer forthwith for a bond determination in accordance with the provisions of &#xA7; 19.2-80. If the judicial officer admits the accused to bail, he shall, upon his admission to bail, be immediately transported back into the custody of the Department of Behavioral Health and Developmental Services. If, after trial for this offense, no active period of incarceration is imposed, or if the person is acquitted or the charges are withdrawn or dismissed, he shall be returned to the Department of Behavioral Health and Developmental Services pursuant to his commitment. If a period of active incarceration of 12 months or longer is imposed or any suspended sentence is revoked resulting in the person being returned to the Department of Corrections for a period of active incarceration of 12 months or longer, the person shall not be entitled to an annual or biennial review hearing pursuant to &#xA7; 37.2-910 until 12 months after he has been returned to the custody of the Commissioner. Such reincarceration shall toll the provisions of &#xA7; 37.2-910.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-919\/","history_text":"<p>This law was first created in 2005. The record of its establishment is cataloged in 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> 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 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 2006, chapters <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 2009, chapters <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>.<\/p>","references":[{"id":84820,"section_number":"9.1-907","catch_line":"Procedures upon a failure to register, reregister, or verify registration information","order_by":null,"url":"\/9.1-907\/"}],"refers_to":[{"id":66672,"section_number":"19.2-80","catch_line":"Duty of arresting officer; bail","order_by":null,"url":"\/19.2-80\/"},{"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\/"}],"permalink":{"id":210593,"object_type":"law","relational_id":74047,"identifier":"37.2-919","token":"37.2\/III\/9\/37.2-919","url":"\/37.2-919\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-919\/","token":"37.2\/III\/9\/37.2-919","dublin_core":{"Title":"Postrelease supervision of Department; commission of new criminal offense by person committed to Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-919","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> If a person committed to the <span class=\"dictionary\">Department<\/span> of Behavioral Health and <span class=\"dictionary\">Developmental Services<\/span>, whether in involuntary secure inpatient treatment or on conditional release, who is also on <span class=\"dictionary\">probation<\/span>, <span class=\"dictionary\">parole<\/span>, or postrelease supervision, fails to comply with any conditions established by the <span class=\"dictionary\">Department<\/span>, or fails to comply with the terms of a treatment plan, the <span class=\"dictionary\">Department<\/span> shall so notify the <span class=\"dictionary\">Department<\/span> of Corrections or the person&#8217;s <span class=\"dictionary\">probation<\/span> and <span class=\"dictionary\">parole<\/span> officer. <a id=\"paragraph-266325\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-919\/#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> If a person committed to the <span class=\"dictionary\">Department<\/span> of Behavioral Health and <span class=\"dictionary\">Developmental Services<\/span> is arrested for a <span class=\"dictionary\">felony<\/span> or Class 1 or 2 <span class=\"dictionary\">misdemeanor<\/span> <span class=\"dictionary\">offense<\/span>, he shall be transported to a judicial officer forthwith for a <span class=\"dictionary\">bond<\/span> determination in accordance with the provisions of &#xA7; <a class=\"law\" title=\"Duty of arresting officer; bail\" href=\"\/19.2-80\/\">19.2-80<\/a>. If the judicial officer admits the <span class=\"dictionary\">accused<\/span> to <span class=\"dictionary\">bail<\/span>, he shall, upon his admission to <span class=\"dictionary\">bail<\/span>, be immediately transported back into the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Department<\/span> of Behavioral Health and <span class=\"dictionary\">Developmental Services<\/span>. If, after <span class=\"dictionary\">trial<\/span> for this <span class=\"dictionary\">offense<\/span>, no active period of incarceration is imposed, or if the person is acquitted or the charges are withdrawn or dismissed, he shall be returned to the <span class=\"dictionary\">Department<\/span> of Behavioral Health and <span class=\"dictionary\">Developmental Services<\/span> pursuant to his commitment. If a period of active incarceration of 12 months or longer is imposed or any <span class=\"dictionary\">suspended sentence<\/span> is revoked resulting in the person being returned to the <span class=\"dictionary\">Department<\/span> of Corrections for a period of active incarceration of 12 months or longer, the person shall not be entitled to an annual or biennial review <span class=\"dictionary\">hearing<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition\" href=\"\/37.2-910\/\">37.2-910<\/a> until 12 months after he has been returned to the <span class=\"dictionary\">custody<\/span> of the <span class=\"dictionary\">Commissioner<\/span>. Such reincarceration shall toll the provisions of &#xA7; <a class=\"law\" title=\"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition\" href=\"\/37.2-910\/\">37.2-910<\/a>. <a id=\"paragraph-266326\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-919\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOSTRELEASE SUPERVISION OF DEPARTMENT; COMMISSION OF NEW CRIMINAL OFFENSE BY\nPERSON COMMITTED TO DEPARTMENT (\u00a7 37.2-919)\n\nA. If a person committed to the Department of Behavioral Health and\nDevelopmental Services, whether in involuntary secure inpatient treatment or on\nconditional release, who is also on probation, parole, or postrelease\nsupervision, fails to comply with any conditions established by the Department,\nor fails to comply with the terms of a treatment plan, the Department shall so\nnotify the Department of Corrections or the person&#8217;s probation and parole\nofficer.\n\nB. If a person committed to the Department of Behavioral Health and\nDevelopmental Services is arrested for a felony or Class 1 or 2 misdemeanor\noffense, he shall be transported to a judicial officer forthwith for a bond\ndetermination in accordance with the provisions of &#xA7; 19.2-80. If the\njudicial officer admits the accused to bail, he shall, upon his admission to\nbail, be immediately transported back into the custody of the Department of\nBehavioral Health and Developmental Services. If, after trial for this offense,\nno active period of incarceration is imposed, or if the person is acquitted or\nthe charges are withdrawn or dismissed, he shall be returned to the Department\nof Behavioral Health and Developmental Services pursuant to his commitment. If a\nperiod of active incarceration of 12 months or longer is imposed or any\nsuspended sentence is revoked resulting in the person being returned to the\nDepartment of Corrections for a period of active incarceration of 12 months or\nlonger, the person shall not be entitled to an annual or biennial review hearing\npursuant to &#xA7; 37.2-910 until 12 months after he has been returned to the\ncustody of the Commissioner. Such reincarceration shall toll the provisions of\n&#xA7; 37.2-910.\n\nHISTORY: 2005, cc. 716, 914; 2006, cc. 863, 914; 2009, cc. 813, 840.","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}}