                                 CODE OF VIRGINIA

MODIFICATION OR REMOVAL OF CONDITIONS; NOTICE; OBJECTIONS; REVIEW (§
19.2-182.11)

A. The committing court may modify conditions of release or remove conditions
placed on release pursuant to &#xA7; 19.2-182.7, upon petition of the
supervising community services board or behavioral health authority, the
attorney for the Commonwealth, or the acquittee or upon its own motion based on
reports of the supervising community services board or behavioral health
authority. However, the acquittee may petition only annually commencing six
months after the conditional release order is issued. Upon petition, the court
shall require the supervising community services board or behavioral health
authority to provide a report on the acquittee&#8217;s progress while on
conditional release.

B. As it deems appropriate based on the community services board&#8217;s or
behavioral health authority&#8217;s report and any other evidence provided to
it, the court may issue a proposed order for modification or removal of
conditions. The court shall provide notice of the order, and their right to
object to it within ten days of its issuance, to the acquittee, the supervising
community services board or behavioral health authority and the attorney for the
Commonwealth for the committing jurisdiction and for the jurisdiction where the
acquittee is residing on conditional release. The proposed order shall become
final if no objection is filed within ten days of its issuance. If an objection
is so filed, the court shall conduct a hearing at which the acquittee, the
attorney for the Commonwealth, and the supervising community services board or
behavioral health authority have an opportunity to present evidence challenging
the proposed order. At the conclusion of the hearing, the court shall issue an
order specifying conditions of release or removing existing conditions of
release.

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