{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/9.1-909.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/9.1-909.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/9.1-909.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/9.1-909.html"}],"law_id":82464,"edition_id":1,"section_id":82464,"structure_id":14629,"section_number":"9.1-909","catch_line":"Relief from registration, reregistration, or verification","history":"2003, c. 584; 2006, cc. 857, 914; 2020, c. 829; 2021, Sp. Sess. I, c. 489.","full_text":"A\n\nUpon expiration of three years from the date upon which the duty to register as a Tier III offender or murderer is imposed, the person required to register may petition the court in which he was convicted or, if the conviction occurred outside of the Commonwealth, the circuit court in the jurisdiction where he currently resides, for relief from the requirement to verify his registration information four times each year at three-month intervals. After five years from the date of his last conviction for a violation of § 18.2-472.1, a Tier III offender or murderer may petition for relief from the requirement to verify his registration information every month. A person who is required to register may similarly petition the circuit court for relief from the requirement to verify his registration twice each year after five years from the date of his last conviction for a violation of § 18.2-472.1. The court shall hold a hearing on the petition, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior. Prior to the hearing the court shall order a comprehensive assessment of the applicant by a panel of three certified sex offender treatment providers as defined in § 54.1-3600. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence as may be presented at the hearing, the court finds by clear and convincing evidence that the person does not suffer from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior, the petition shall be granted and the duty to verify his registration information more frequently than once a year shall be terminated. The court shall promptly notify the State Police upon entry of an order granting the petition. The person shall, however, be under a continuing duty to register annually for life. If the petition is denied, the duty to verify his registration information with the same frequency as before shall continue. A denial of a petition shall be appealable pursuant to § 17.1-405.\n\t\t\tA petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.B\n\nThe duly appointed guardian of a person convicted of an offense requiring registration, reregistration, or verification of his registration information as either a Tier I, Tier II, or Tier III offender or murderer, who due to a physical condition is incapable of (i) reoffending and (ii) reregistering or verifying his registration information, may petition the court in which the person was convicted for relief from the requirement to reregister or verify his registration information. The court shall hold a hearing on the petition, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. Prior to the hearing the court shall order a comprehensive assessment of the applicant by at least two licensed physicians other than the person’s primary care physician. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence as may be presented at the hearing, the court finds by clear and convincing evidence that due to his physical condition the person (i) no longer poses a menace to the health and safety of others and (ii) is incapable of reregistering or verifying his registration information, the petition shall be granted and the duty to reregister or verify his registration information shall be terminated. However, for a person whose duty to reregister or verify his registration information was terminated under this subsection, the Department of State Police shall, annually for Tier I or Tier II offenders and quarterly for persons convicted of Tier III offenses and murder, verify and report to the attorney for the Commonwealth in the jurisdiction in which the person resides that the person continues to suffer from the physical condition that resulted in such termination.\n\t\t\tThe court shall promptly notify the State Police upon entry of an order granting the petition to terminate the duty to reregister.\n\t\t\tIf the petition is denied, the duty to reregister shall continue. An appeal from the denial of a petition shall be to the Court of Appeals.\n\t\t\tA petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.\n\t\t\tIf, at any time, the person’s physical condition changes so that he is capable of reoffending, reregistering, or verifying his registration information, the attorney for the Commonwealth shall file a petition with the circuit court in the jurisdiction where the person resides and the court shall hold a hearing on the petition, with notice to the person and his guardian, to determine whether the person still suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. If the petition is granted, the duty to reregister shall commence from the date of the court’s order. An appeal from the denial or granting of a petition shall be to the Court of Appeals. Prior to the hearing the court shall order a comprehensive assessment of the applicant by at least two licensed physicians other than the person’s primary care physician. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.","order_by":null,"text":{"0":{"id":295446,"text":"Upon expiration of three years from the date upon which the duty to register as a Tier III offender or murderer is imposed, the person required to register may petition the court in which he was convicted or, if the conviction occurred outside of the Commonwealth, the circuit court in the jurisdiction where he currently resides, for relief from the requirement to verify his registration information four times each year at three-month intervals. After five years from the date of his last conviction for a violation of § 18.2-472.1, a Tier III offender or murderer may petition for relief from the requirement to verify his registration information every month. A person who is required to register may similarly petition the circuit court for relief from the requirement to verify his registration twice each year after five years from the date of his last conviction for a violation of § 18.2-472.1. The court shall hold a hearing on the petition, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior. Prior to the hearing the court shall order a comprehensive assessment of the applicant by a panel of three certified sex offender treatment providers as defined in § 54.1-3600. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence as may be presented at the hearing, the court finds by clear and convincing evidence that the person does not suffer from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior, the petition shall be granted and the duty to verify his registration information more frequently than once a year shall be terminated. The court shall promptly notify the State Police upon entry of an order granting the petition. The person shall, however, be under a continuing duty to register annually for life. If the petition is denied, the duty to verify his registration information with the same frequency as before shall continue. A denial of a petition shall be appealable pursuant to § 17.1-405.\n\t\t\tA petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295447,"text":"The duly appointed guardian of a person convicted of an offense requiring registration, reregistration, or verification of his registration information as either a Tier I, Tier II, or Tier III offender or murderer, who due to a physical condition is incapable of (i) reoffending and (ii) reregistering or verifying his registration information, may petition the court in which the person was convicted for relief from the requirement to reregister or verify his registration information. The court shall hold a hearing on the petition, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. Prior to the hearing the court shall order a comprehensive assessment of the applicant by at least two licensed physicians other than the person’s primary care physician. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence as may be presented at the hearing, the court finds by clear and convincing evidence that due to his physical condition the person (i) no longer poses a menace to the health and safety of others and (ii) is incapable of reregistering or verifying his registration information, the petition shall be granted and the duty to reregister or verify his registration information shall be terminated. However, for a person whose duty to reregister or verify his registration information was terminated under this subsection, the Department of State Police shall, annually for Tier I or Tier II offenders and quarterly for persons convicted of Tier III offenses and murder, verify and report to the attorney for the Commonwealth in the jurisdiction in which the person resides that the person continues to suffer from the physical condition that resulted in such termination.\n\t\t\tThe court shall promptly notify the State Police upon entry of an order granting the petition to terminate the duty to reregister.\n\t\t\tIf the petition is denied, the duty to reregister shall continue. An appeal from the denial of a petition shall be to the Court of Appeals.\n\t\t\tA petition for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition for such relief was denied.\n\t\t\tIf, at any time, the person’s physical condition changes so that he is capable of reoffending, reregistering, or verifying his registration information, the attorney for the Commonwealth shall file a petition with the circuit court in the jurisdiction where the person resides and the court shall hold a hearing on the petition, with notice to the person and his guardian, to determine whether the person still suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. If the petition is granted, the duty to reregister shall commence from the date of the court’s order. An appeal from the denial or granting of a petition shall be to the Court of Appeals. Prior to the hearing the court shall order a comprehensive assessment of the applicant by at least two licensed physicians other than the person’s primary care physician. A report of the assessment shall be filed with the court prior to the hearing. The costs of the assessment shall be taxed as costs of the proceeding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14629,"edition_id":1,"name":"Sex Offender and Crimes Against Minors Registry Act","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12896,"metadata":{},"date_created":"2026-06-26 03:48:59","date_modified":"2026-06-26 03:48:59","permalink":{"id":285491,"object_type":"structure","relational_id":14629,"identifier":"9","token":"9.1\/9","url":"\/9.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12896,"edition_id":1,"name":"Commonwealth Public Safety","identifier":"9.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":284487,"object_type":"structure","relational_id":12896,"identifier":"9.1","token":"9.1","url":"\/9.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69731,"structure_id":14629,"section_number":"9.1-900","catch_line":"Purpose of the Sex Offender and Crimes Against Minors Registry","url":"\/9.1-900\/","token":"9.1\/9\/9.1-900","metadata":false},{"id":62462,"structure_id":14629,"section_number":"9.1-901","catch_line":"Persons for whom registration required","url":"\/9.1-901\/","token":"9.1\/9\/9.1-901","metadata":false},{"id":80819,"structure_id":14629,"section_number":"9.1-902","catch_line":"Offenses requiring registration","url":"\/9.1-902\/","token":"9.1\/9\/9.1-902","metadata":false},{"id":85831,"structure_id":14629,"section_number":"9.1-903","catch_line":"Registration and reregistration procedures","url":"\/9.1-903\/","token":"9.1\/9\/9.1-903","metadata":false},{"id":71228,"structure_id":14629,"section_number":"9.1-904","catch_line":"Periodic verification","url":"\/9.1-904\/","token":"9.1\/9\/9.1-904","metadata":false},{"id":65175,"structure_id":14629,"section_number":"9.1-905","catch_line":"New residents and nonresident offenders; registration required","url":"\/9.1-905\/","token":"9.1\/9\/9.1-905","metadata":false},{"id":56730,"structure_id":14629,"section_number":"9.1-906","catch_line":"Enrollment or employment at institution of higher education; information required","url":"\/9.1-906\/","token":"9.1\/9\/9.1-906","metadata":false},{"id":80633,"structure_id":14629,"section_number":"9.1-906.1","catch_line":"Emergency shelters; notification; registration","url":"\/9.1-906.1\/","token":"9.1\/9\/9.1-906.1","metadata":false},{"id":84820,"structure_id":14629,"section_number":"9.1-907","catch_line":"Procedures upon a failure to register, reregister, or verify registration information","url":"\/9.1-907\/","token":"9.1\/9\/9.1-907","metadata":false},{"id":62941,"structure_id":14629,"section_number":"9.1-908","catch_line":"Duration of registration requirement","url":"\/9.1-908\/","token":"9.1\/9\/9.1-908","metadata":false},{"id":82464,"structure_id":14629,"section_number":"9.1-909","catch_line":"Relief from registration, reregistration, or verification","url":"\/9.1-909\/","token":"9.1\/9\/9.1-909","metadata":false},{"id":56177,"structure_id":14629,"section_number":"9.1-910","catch_line":"Removal of name and information from Registry","url":"\/9.1-910\/","token":"9.1\/9\/9.1-910","metadata":false},{"id":65270,"structure_id":14629,"section_number":"9.1-911","catch_line":"Registry maintenance","url":"\/9.1-911\/","token":"9.1\/9\/9.1-911","metadata":false},{"id":63939,"structure_id":14629,"section_number":"9.1-912","catch_line":"Registry access and dissemination; fees","url":"\/9.1-912\/","token":"9.1\/9\/9.1-912","metadata":false},{"id":68514,"structure_id":14629,"section_number":"9.1-913","catch_line":"Public dissemination by means of the Internet","url":"\/9.1-913\/","token":"9.1\/9\/9.1-913","metadata":false},{"id":72317,"structure_id":14629,"section_number":"9.1-914","catch_line":"Automatic notification of registration to certain entities; electronic notification to requesting persons","url":"\/9.1-914\/","token":"9.1\/9\/9.1-914","metadata":false},{"id":58556,"structure_id":14629,"section_number":"9.1-915","catch_line":"Regulations","url":"\/9.1-915\/","token":"9.1\/9\/9.1-915","metadata":false},{"id":73039,"structure_id":14629,"section_number":"9.1-916","catch_line":"Requests for Registry data by Virginia Criminal Sentencing Commission; confidentiality","url":"\/9.1-916\/","token":"9.1\/9\/9.1-916","metadata":false},{"id":60504,"structure_id":14629,"section_number":"9.1-917","catch_line":"Limitation on liability","url":"\/9.1-917\/","token":"9.1\/9\/9.1-917","metadata":false},{"id":72957,"structure_id":14629,"section_number":"9.1-918","catch_line":"Misuse of registry or supplement information; penalty","url":"\/9.1-918\/","token":"9.1\/9\/9.1-918","metadata":false},{"id":73428,"structure_id":14629,"section_number":"9.1-919","catch_line":"Notice of penalty on forms and documents","url":"\/9.1-919\/","token":"9.1\/9\/9.1-919","metadata":false},{"id":82050,"structure_id":14629,"section_number":"9.1-920","catch_line":"Liberal construction","url":"\/9.1-920\/","token":"9.1\/9\/9.1-920","metadata":false},{"id":67842,"structure_id":14629,"section_number":"9.1-921","catch_line":"Exemption of information systems from provisions related to the Virginia Information Technologies Agency","url":"\/9.1-921\/","token":"9.1\/9\/9.1-921","metadata":false},{"id":60979,"structure_id":14629,"section_number":"9.1-922","catch_line":"Use of Registry data by Statewide Automated Victim Notification (SAVIN) system; confidentiality","url":"\/9.1-922\/","token":"9.1\/9\/9.1-922","metadata":false},{"id":69509,"structure_id":14629,"section_number":"9.1-923","catch_line":"Supplement to the Sex Offender and Crimes Against Minors Registry established","url":"\/9.1-923\/","token":"9.1\/9\/9.1-923","metadata":false}],"previous_section":{"id":62941,"structure_id":14629,"section_number":"9.1-908","catch_line":"Duration of registration requirement","url":"\/9.1-908\/","token":"9.1\/9\/9.1-908","metadata":false},"next_section":{"id":56177,"structure_id":14629,"section_number":"9.1-910","catch_line":"Removal of name and information from Registry","url":"\/9.1-910\/","token":"9.1\/9\/9.1-910","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/9.1-909\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 584<\/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 857<\/a> and 914<\/a>; in 2020, chapter 829<\/a>.<\/p>","references":false,"refers_to":[{"id":86129,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","order_by":null,"url":"\/17.1-405\/"},{"id":57746,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","order_by":null,"url":"\/18.2-472.1\/"},{"id":79319,"section_number":"54.1-3600","catch_line":"Definitions","order_by":null,"url":"\/54.1-3600\/"}],"permalink":{"id":285533,"object_type":"law","relational_id":82464,"identifier":"9.1-909","token":"9.1\/9\/9.1-909","url":"\/9.1-909\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/9.1-909\/","token":"9.1\/9\/9.1-909","dublin_core":{"Title":"Relief from registration, reregistration, or verification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 9.1-909","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon expiration of three years from the date upon which the duty to register as a Tier III offender or murderer is imposed, the person required to register may petition<\/span> the court<\/span> in which he was convicted or, if the conviction<\/span> occurred outside of the Commonwealth, the circuit<\/span> court<\/span> in the jurisdiction<\/span> where he currently resides, for relief from the requirement to verify his registration information four times each year at three-month intervals. After five years from the date of his last conviction<\/span> for a violation of § 18.2-472.1<\/a>, a Tier III offender or murderer may petition<\/span> for relief from the requirement to verify his registration information every month. A person who is required to register may similarly petition<\/span> the circuit<\/span> court<\/span> for relief from the requirement to verify his registration twice each year after five years from the date of his last conviction<\/span> for a violation of § 18.2-472.1<\/a>. The court<\/span> shall hold a hearing<\/span> on the petition<\/span>, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior. Prior to the hearing<\/span> the court<\/span> shall order<\/span> a comprehensive assessment of the applicant by a panel<\/span> of three certified sex offender treatment providers as defined in § 54.1-3600<\/a>. A report of the assessment shall be filed with the court<\/span> prior to the hearing<\/span>. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence<\/span> as may be presented at the hearing<\/span>, the court<\/span> finds by clear and convincing evidence<\/span> that the person does not suffer from a mental abnormality or a personality disorder that makes the person a menace to the health and safety of others or significantly impairs his ability to control his sexual behavior, the petition<\/span> shall be granted and the duty to verify his registration information more frequently than once a year shall be terminated. The court<\/span> shall promptly notify the State Police upon entry of an order<\/span> granting the petition<\/span>. The person shall, however, be under a continuing duty to register annually for life. If the petition<\/span> is denied, the duty to verify his registration information with the same frequency as before shall continue. A denial of a petition<\/span> shall be appealable pursuant to § 17.1-405<\/a>.\n\t\t\tA petition<\/span> for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition<\/span> for such relief was denied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The duly appointed guardian of a person convicted of an offense<\/span> requiring registration, reregistration, or verification of his registration information as either a Tier I, Tier II, or Tier III offender or murderer, who due to a physical condition is incapable of (i) reoffending and (ii) reregistering or verifying his registration information, may petition<\/span> the court<\/span> in which the person was convicted for relief from the requirement to reregister or verify his registration information. The court<\/span> shall hold a hearing<\/span> on the petition<\/span>, on notice to the attorney for the Commonwealth, to determine whether the person suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. Prior to the hearing<\/span> the court<\/span> shall order<\/span> a comprehensive assessment of the applicant by at least two licensed physicians other than the person’s primary care physician. A report of the assessment shall be filed with the court<\/span> prior to the hearing<\/span>. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence<\/span> as may be presented at the hearing<\/span>, the court<\/span> finds by clear and convincing evidence<\/span> that due to his physical condition the person (i) no longer poses a menace to the health and safety of others and (ii) is incapable of reregistering or verifying his registration information, the petition<\/span> shall be granted and the duty to reregister or verify his registration information shall be terminated. However, for a person whose duty to reregister or verify his registration information was terminated under this subsection, the Department of State Police shall, annually for Tier I or Tier II offenders and quarterly for persons convicted of Tier III offenses<\/span> and murder<\/span>, verify and report to the attorney for the Commonwealth in the jurisdiction<\/span> in which the person resides that the person continues to suffer from the physical condition that resulted in such termination.\n\t\t\tThe court<\/span> shall promptly notify the State Police upon entry of an order<\/span> granting the petition<\/span> to terminate the duty to reregister.\n\t\t\tIf the petition<\/span> is denied, the duty to reregister shall continue. An appeal<\/span> from the denial of a petition<\/span> shall be to the Court<\/span> of Appeals<\/span>.\n\t\t\tA petition<\/span> for relief pursuant to this subsection may not be filed within three years from the date on which any previous petition<\/span> for such relief was denied.\n\t\t\tIf, at any time, the person’s physical condition changes so that he is capable of reoffending, reregistering, or verifying his registration information, the attorney for the Commonwealth shall file a petition<\/span> with the circuit<\/span> court<\/span> in the jurisdiction<\/span> where the person resides and the court<\/span> shall hold a hearing<\/span> on the petition<\/span>, with notice to the person and his guardian, to determine whether the person still suffers from a physical condition that makes the person (i) no longer a menace to the health and safety of others and (ii) incapable of reregistering or verifying his registration information. If the petition<\/span> is granted, the duty to reregister shall commence from the date of the court<\/span>’s order<\/span>. An appeal<\/span> from the denial or granting of a petition<\/span> shall be to the Court<\/span> of Appeals<\/span>. Prior to the hearing<\/span> the court<\/span> shall order<\/span> a comprehensive assessment of the applicant by at least two licensed physicians other than the person’s primary care physician. A report of the assessment shall be filed with the court<\/span> prior to the hearing<\/span>. The costs of the assessment shall be taxed as costs of the proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRELIEF FROM REGISTRATION, REREGISTRATION, OR VERIFICATION (\u00a7 9.1-909)\n\nA. Upon expiration of three years from the date upon which the duty to register\nas a Tier III offender or murderer is imposed, the person required to register\nmay petition the court in which he was convicted or, if the conviction occurred\noutside of the Commonwealth, the circuit court in the jurisdiction where he\ncurrently resides, for relief from the requirement to verify his registration\ninformation four times each year at three-month intervals. After five years from\nthe date of his last conviction for a violation of § 18.2-472.1, a Tier III\noffender or murderer may petition for relief from the requirement to verify his\nregistration information every month. A person who is required to register may\nsimilarly petition the circuit court for relief from the requirement to verify\nhis registration twice each year after five years from the date of his last\nconviction for a violation of § 18.2-472.1. The court shall hold a hearing\non the petition, on notice to the attorney for the Commonwealth, to determine\nwhether the person suffers from a mental abnormality or a personality disorder\nthat makes the person a menace to the health and safety of others or\nsignificantly impairs his ability to control his sexual behavior. Prior to the\nhearing the court shall order a comprehensive assessment of the applicant by a\npanel of three certified sex offender treatment providers as defined in §\n54.1-3600. A report of the assessment shall be filed with the court prior to the\nhearing. The costs of the assessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence as may be\npresented at the hearing, the court finds by clear and convincing evidence that\nthe person does not suffer from a mental abnormality or a personality disorder\nthat makes the person a menace to the health and safety of others or\nsignificantly impairs his ability to control his sexual behavior, the petition\nshall be granted and the duty to verify his registration information more\nfrequently than once a year shall be terminated. The court shall promptly notify\nthe State Police upon entry of an order granting the petition. The person shall,\nhowever, be under a continuing duty to register annually for life. If the\npetition is denied, the duty to verify his registration information with the\nsame frequency as before shall continue. A denial of a petition shall be\nappealable pursuant to § 17.1-405.\n\t\t\tA petition for relief pursuant to this subsection may not be filed within\nthree years from the date on which any previous petition for such relief was\ndenied.\n\nB. The duly appointed guardian of a person convicted of an offense requiring\nregistration, reregistration, or verification of his registration information as\neither a Tier I, Tier II, or Tier III offender or murderer, who due to a\nphysical condition is incapable of (i) reoffending and (ii) reregistering or\nverifying his registration information, may petition the court in which the\nperson was convicted for relief from the requirement to reregister or verify his\nregistration information. The court shall hold a hearing on the petition, on\nnotice to the attorney for the Commonwealth, to determine whether the person\nsuffers from a physical condition that makes the person (i) no longer a menace\nto the health and safety of others and (ii) incapable of reregistering or\nverifying his registration information. Prior to the hearing the court shall\norder a comprehensive assessment of the applicant by at least two licensed\nphysicians other than the person’s primary care physician. A report of the\nassessment shall be filed with the court prior to the hearing. The costs of the\nassessment shall be taxed as costs of the proceeding.\n\t\t\tIf, after consideration of the report and such other evidence as may be\npresented at the hearing, the court finds by clear and convincing evidence that\ndue to his physical condition the person (i) no longer poses a menace to the\nhealth and safety of others and (ii) is incapable of reregistering or verifying\nhis registration information, the petition shall be granted and the duty to\nreregister or verify his registration information shall be terminated. However,\nfor a person whose duty to reregister or verify his registration information was\nterminated under this subsection, the Department of State Police shall, annually\nfor Tier I or Tier II offenders and quarterly for persons convicted of Tier III\noffenses and murder, verify and report to the attorney for the Commonwealth in\nthe jurisdiction in which the person resides that the person continues to suffer\nfrom the physical condition that resulted in such termination.\n\t\t\tThe court shall promptly notify the State Police upon entry of an order\ngranting the petition to terminate the duty to reregister.\n\t\t\tIf the petition is denied, the duty to reregister shall continue. An appeal\nfrom the denial of a petition shall be to the Court of Appeals.\n\t\t\tA petition for relief pursuant to this subsection may not be filed within\nthree years from the date on which any previous petition for such relief was\ndenied.\n\t\t\tIf, at any time, the person’s physical condition changes so that he is\ncapable of reoffending, reregistering, or verifying his registration\ninformation, the attorney for the Commonwealth shall file a petition with the\ncircuit court in the jurisdiction where the person resides and the court shall\nhold a hearing on the petition, with notice to the person and his guardian, to\ndetermine whether the person still suffers from a physical condition that makes\nthe person (i) no longer a menace to the health and safety of others and (ii)\nincapable of reregistering or verifying his registration information. If the\npetition is granted, the duty to reregister shall commence from the date of the\ncourt’s order. An appeal from the denial or granting of a petition shall\nbe to the Court of Appeals. Prior to the hearing the court shall order a\ncomprehensive assessment of the applicant by at least two licensed physicians\nother than the person’s primary care physician. A report of the assessment\nshall be filed with the court prior to the hearing. The costs of the assessment\nshall be taxed as costs of the proceeding.\n\nHISTORY: 2003, c. 584; 2006, cc. 857, 914; 2020, c. 829; 2021, Sp. Sess. I, c.\n489.","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}}