                                 CODE OF VIRGINIA

PETITION FOR RELEASE; HEARING; PROCEDURES (§ 37.2-911)

A. The Commissioner may petition the committing court for conditional release of
the committed respondent at any time he believes the committed
respondent&#8217;s condition has so changed that he is no longer in need of
secure inpatient treatment. The Commissioner may petition the committing court
for unconditional release of the committed respondent at any time he believes
the committed respondent&#8217;s condition has so changed that he is no longer a
sexually violent predator. The petition shall be accompanied by a report of
clinical findings supporting the petition and by a conditional release or
discharge plan, as applicable, prepared by the Department. The committed
respondent may petition the committing court for release only once in each year
in which no annual judicial review is required pursuant to &#xA7; 37.2-910. The
party petitioning for 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&#8217;s residence
upon his conditional release.

B. Upon the submission of a petition pursuant to this section, the committing
court shall conduct the proceedings according to the procedures set forth in
&#xA7; 37.2-910.

HISTORY: 1999, cc. 946, 985, § 37.1-70.12; 2001, c. 776; 2003, cc. 989, 1018;
2005, c. 716; 2009, c. 740; 2015, c. 662.