                                 CODE OF VIRGINIA

POSTRELEASE SUPERVISION OF DEPARTMENT; COMMISSION OF NEW CRIMINAL OFFENSE BY
PERSON COMMITTED TO DEPARTMENT (§ 37.2-919)

A. If a person committed to the Department of Behavioral Health and
Developmental Services, whether in involuntary secure inpatient treatment or on
conditional release, who is also on probation, parole, or postrelease
supervision, fails to comply with any conditions established by the Department,
or fails to comply with the terms of a treatment plan, the Department shall so
notify the Department of Corrections or the person&#8217;s probation and parole
officer.

B. If a person committed to the Department of Behavioral Health and
Developmental Services is arrested for a felony or Class 1 or 2 misdemeanor
offense, he shall be transported to a judicial officer forthwith for a bond
determination in accordance with the provisions of &#xA7; 19.2-80. If the
judicial officer admits the accused to bail, he shall, upon his admission to
bail, be immediately transported back into the custody of the Department of
Behavioral Health and Developmental Services. If, after trial for this offense,
no active period of incarceration is imposed, or if the person is acquitted or
the charges are withdrawn or dismissed, he shall be returned to the Department
of Behavioral Health and Developmental Services pursuant to his commitment. If a
period of active incarceration of 12 months or longer is imposed or any
suspended sentence is revoked resulting in the person being returned to the
Department of Corrections for a period of active incarceration of 12 months or
longer, the person shall not be entitled to an annual or biennial review hearing
pursuant to &#xA7; 37.2-910 until 12 months after he has been returned to the
custody of the Commissioner. Such reincarceration shall toll the provisions of
&#xA7; 37.2-910.

HISTORY: 2005, cc. 716, 914; 2006, cc. 863, 914; 2009, cc. 813, 840.