                                 CODE OF VIRGINIA

PETITION FOR RELEASE; CONDITIONAL RELEASE HEARING; NOTICE; DISPOSITION (§
19.2-182.6)

A. The Commissioner may petition the committing court for conditional or
unconditional release of the acquittee at any time he believes the acquittee no
longer needs hospitalization. The petition shall be accompanied by a report of
clinical findings supporting the petition with respect to the factors set forth
in &#xA7; 19.2-182.3 and by a conditional release or discharge plan, as
applicable, prepared jointly by the hospital and the appropriate community
services board or behavioral health authority. The acquittee may petition the
committing court for release only once in each year in which no annual judicial
review is required pursuant to &#xA7; 19.2-182.5. The party petitioning for
release shall transmit a copy of the petition to the attorney for the
Commonwealth for the committing jurisdiction.

B. 1. When a petition for release is made by the acquittee, the court shall
order the Commissioner to appoint two persons in the same manner as set forth in
§ 19.2-182.2 to assess and report on the acquittee&#8217;s need for inpatient
hospitalization by reviewing his condition with respect to the factors set forth
in § 19.2-182.3. The evaluators shall conduct their evaluations and report
their finding in accordance with the provisions of § 19.2-182.2, except that
the evaluations shall be completed and findings reported within 45 days of
issuance of the court&#8217;s order for evaluation.

   2. When a petition for release is made by the Commissioner no further
   evaluations of the acquittee shall be required unless otherwise deemed
   necessary by the court. If the court determines that further evaluation is
   necessary, the court shall order the Commissioner to appoint two persons in
   the same manner as set forth in &#xA7; 19.2-182.2 to assess and report on the
   acquittee&#8217;s need for inpatient hospitalization by reviewing his
   condition with respect to the factors set forth in &#xA7; 19.2-182.3. The
   evaluators shall conduct their evaluations and report their finding in
   accordance with the provisions of &#xA7; 19.2-182.2, except that the
   evaluations shall be completed and findings reported within 45 days of
   issuance of the court&#8217;s order for evaluation.
   				The Commissioner shall give notice of the hearing to any victim of the act
   resulting in the charges on which the acquittee was acquitted or the next of
   kin of the victim at the last known address, provided the person submits a
   written request for such notification to the Commissioner.

C. Upon receipt of the reports of evaluation, the court shall conduct a hearing
on the petition. The hearing shall be scheduled on an expedited basis and given
priority over other civil matters before the court. 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.
Written notice of the hearing shall be provided to the attorney for the
Commonwealth for the committing jurisdiction. The hearing is a civil proceeding.
			At the conclusion of the hearing, based upon the report and other evidence
provided at the hearing, the court shall order the acquittee (i) released from
confinement if he does not need inpatient hospitalization and does not meet the
criteria for conditional release set forth in &#xA7; 19.2-182.3, provided the
court has approved a discharge plan prepared jointly by the hospital and the
appropriate community services board or behavioral health authority; (ii) placed
on conditional release if he meets the criteria for such release as set forth in
&#xA7; 19.2-182.7, and the court has approved a conditional release plan
prepared jointly by the hospital and the appropriate community services board or
behavioral health authority; or (iii) retained 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. Persons committed pursuant to this chapter shall be released only in
accordance with the procedures set forth governing release and conditional
release.

HISTORY: 1991, c. 427; 1993, c. 295; 2007, cc. 485, 565, 785.