                                 CODE OF VIRGINIA

REVIEW OF CONTINUATION OF CONFINEMENT HEARING; PROCEDURE AND REPORTS;
DISPOSITION (§ 19.2-182.5)

A. The committing court shall conduct a hearing twelve months after the date of
commitment to assess the need for inpatient hospitalization of each acquittee
who is acquitted of a felony by reason of insanity. A hearing for assessment
shall be conducted at yearly intervals for five years and at biennial intervals
thereafter. The court shall schedule the matter for hearing as soon as possible
after it becomes due, giving the matter priority over all pending matters before
the court.

B. Prior to the hearing, the Commissioner shall provide to the court a report
evaluating the acquittee&#8217;s condition and recommending treatment, to be
prepared by a psychiatrist or a psychologist. The psychologist who prepares the
report shall be a clinical psychologist and any evaluating psychiatrist or
clinical psychologist shall be skilled in the diagnosis of mental illness and
qualified by training and experience to perform forensic evaluations. If the
examiner recommends release or the acquittee requests release, the
acquittee&#8217;s condition and need for inpatient hospitalization shall be
evaluated by a second person with such credentials who is not currently treating
the acquittee. A copy of any report submitted pursuant to this subsection shall
be sent to the attorney for the Commonwealth for the jurisdiction from which the
acquittee was committed.

C. The acquittee shall be provided with adequate notice of the hearing, of the
right to be present at the hearing, the right to the assistance of counsel in
preparation for and during the hearing, and the right to introduce evidence and
cross-examine witnesses at the hearing. Written notice of the hearing shall be
provided to the attorney for the Commonwealth for the committing jurisdiction.
The hearing is a civil proceeding and may be conducted using a two-way
electronic video and audio communication system that meets the standards set
forth in subsection B of &#xA7; 19.2-3.1, unless objected to by the acquittee,
the acquittee&#8217;s attorney, or the attorney for the Commonwealth.
			According to the determination of the court following the hearing, and based
upon the report and other evidence provided at the hearing, the court shall (i)
release the acquittee from confinement if he does not need inpatient
hospitalization and does not meet the criteria for conditional release set forth
in &#xA7; 19.2-182.7, provided the court has approved a discharge plan prepared
jointly by the hospital staff and the appropriate community services board or
behavioral health authority; (ii) place the acquittee on conditional release if
he meets the criteria for conditional release, and the court has approved a
conditional release plan prepared jointly by the hospital staff and the
appropriate community services board or behavioral health authority; or (iii)
order that he remain in the custody of the Commissioner if he continues to
require inpatient hospitalization based on consideration of the factors set
forth in &#xA7; 19.2-182.3.

D. An acquittee who is found not guilty of a misdemeanor by reason of insanity
on or after July 1, 2002, shall remain in the custody of the Commissioner
pursuant to this chapter for a period not to exceed one year from the date of
acquittal. If, prior to or at the conclusion of one year, the Commissioner
determines that the acquittee meets the criteria for conditional release or
release without conditions pursuant to &#xA7; 19.2-182.7, emergency custody
pursuant to &#xA7; 37.2-808, temporary detention pursuant to &#xA7;&#xA7;
37.2-809 to 37.2-813, or involuntary commitment pursuant to Article 5 (&#xA7;
37.2-814 et seq.) of Chapter 8 of Title 37.2, he shall petition the committing
court. Written notice of an acquittee&#8217;s scheduled release shall be
provided by the Commissioner to the attorney for the Commonwealth for the
committing jurisdiction not less than thirty days prior to the scheduled
release. The Commissioner&#8217;s duty to file a petition upon such
determination shall not preclude the ability of any other person meeting the
requirements of &#xA7; 37.2-808 to file the petition.

HISTORY: 1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2002, c. 750; 2007, cc.
485, 565; 2020, c. 96.