                                 CODE OF VIRGINIA

REVOCATION OF CONDITIONAL RELEASE (§ 19.2-182.8)

If at any time the court that released an acquittee pursuant to § 19.2-182.7
finds reasonable ground to believe that an acquittee on conditional release (i)
has violated the conditions of his release or is no longer a proper subject for
conditional release based on application of the criteria for conditional release
and (ii) requires inpatient hospitalization, it may order an evaluation of the
acquittee by a psychiatrist or clinical psychologist, provided the psychiatrist
or clinical psychologist is qualified by training and experience to perform
forensic evaluations. If the court, based on the evaluation and after hearing
evidence on the issue, finds by a preponderance of the evidence that an
acquittee on conditional release (a) has violated the conditions of his release
or is no longer a proper subject for conditional release based on application of
the criteria for conditional release and (b) has mental illness or intellectual
disability and requires inpatient hospitalization, the court may revoke the
acquittee&#8217;s conditional release and order him returned to the custody of
the Commissioner.
		At any hearing pursuant to this section, 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.
The hearing shall be scheduled on an expedited basis and shall be given priority
over other civil matters before the court. Written notice of the hearing shall
be provided to the attorney for the Commonwealth for the committing
jurisdiction. The hearing is a civil proceeding.

HISTORY: 1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2006, cc. 343, 369,
370; 2008, c. 810; 2012, cc. 476, 507.