                                 CODE OF VIRGINIA

MODIFICATION OR REMOVAL OF CONDITIONS; NOTICE; OBJECTIONS; REVIEW (§ 37.2-914)

A. The court that placed the person on conditional release may modify conditions
of release or remove conditions placed on release pursuant to &#xA7; 37.2-912,
upon petition of the Department, the supervising parole or probation officer,
the Attorney General, or the person on conditional release or upon its own
motion based on reports of the Department or the supervising parole or probation
officer. However, the person on conditional release may petition only annually
commencing six months after the conditional release order is issued. Upon
petition, the court shall require the Department or, if the person is on parole
or probation, the person&#8217;s parole or probation officer to provide a report
on the person&#8217;s progress while on conditional release. 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 location of the respondent&#8217;s residence.

B. As it deems appropriate based on the Department&#8217;s or parole or
probation officer&#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
21 days of its issuance to the person, the Department or parole or probation
officer, the Attorney General, and the attorney for the Commonwealth for the
locality that is the location of the respondent&#8217;s residence. The proposed
order shall become final if no objection is filed within 21 days of its
issuance. If an objection is so filed, the court shall conduct a hearing at
which the person on conditional release, the Attorney General, the Department or
the parole or probation officer, and the attorney for the Commonwealth for the
locality that is the location of the respondent&#8217;s residence shall 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: 1999, cc. 946, 985, § 37.1-70.15; 2001, c. 776; 2003, cc. 989, 1018;
2005, c. 716; 2009, c. 740; 2015, c. 662.