                                 CODE OF VIRGINIA

RELIEF FROM REGISTRATION, REREGISTRATION, OR VERIFICATION (§ 9.1-909)

A. Upon expiration of three years from the date upon which the duty to register
as a Tier III offender or murderer is imposed, the person required to register
may petition the court in which he was convicted or, if the conviction occurred
outside of the Commonwealth, the circuit court in the jurisdiction where he
currently resides, for relief from the requirement to verify his registration
information four times each year at three-month intervals. After five years from
the date of his last conviction for a violation of &#xA7; 18.2-472.1, a Tier III
offender or murderer may petition for relief from the requirement to verify his
registration information every month. A person who is required to register may
similarly petition the circuit court for relief from the requirement to verify
his registration twice each year after five years from the date of his last
conviction for a violation of &#xA7; 18.2-472.1. The court shall hold a hearing
on the petition, on notice to the attorney for the Commonwealth, to determine
whether the person suffers from a mental abnormality or a personality disorder
that makes the person a menace to the health and safety of others or
significantly impairs his ability to control his sexual behavior. Prior to the
hearing the court shall order a comprehensive assessment of the applicant by a
panel of three certified sex offender treatment providers as defined in &#xA7;
54.1-3600. A report of the assessment shall be filed with the court prior to the
hearing. The costs of the assessment shall be taxed as costs of the proceeding.
			If, after consideration of the report and such other evidence as may be
presented at the hearing, the court finds by clear and convincing evidence that
the person does not suffer from a mental abnormality or a personality disorder
that makes the person a menace to the health and safety of others or
significantly impairs his ability to control his sexual behavior, the petition
shall be granted and the duty to verify his registration information more
frequently than once a year shall be terminated. The court shall promptly notify
the State Police upon entry of an order granting the petition. The person shall,
however, be under a continuing duty to register annually for life. If the
petition is denied, the duty to verify his registration information with the
same frequency as before shall continue. A denial of a petition shall be
appealable pursuant to &#xA7; 17.1-405.
			A petition for relief pursuant to this subsection may not be filed within
three years from the date on which any previous petition for such relief was
denied.

B. The duly appointed guardian of a person convicted of an offense requiring
registration, reregistration, or verification of his registration information as
either a Tier I, Tier II, or Tier III offender or murderer, who due to a
physical condition is incapable of (i) reoffending and (ii) reregistering or
verifying his registration information, may petition the court in which the
person was convicted for relief from the requirement to reregister or verify his
registration information. The court shall hold a hearing on the petition, on
notice to the attorney for the Commonwealth, to determine whether the person
suffers from a physical condition that makes the person (i) no longer a menace
to the health and safety of others and (ii) incapable of reregistering or
verifying his registration information. Prior to the hearing the court shall
order a comprehensive assessment of the applicant by at least two licensed
physicians other than the person&#8217;s primary care physician. A report of the
assessment shall be filed with the court prior to the hearing. The costs of the
assessment shall be taxed as costs of the proceeding.
			If, after consideration of the report and such other evidence as may be
presented at the hearing, the court finds by clear and convincing evidence that
due to his physical condition the person (i) no longer poses a menace to the
health and safety of others and (ii) is incapable of reregistering or verifying
his registration information, the petition shall be granted and the duty to
reregister or verify his registration information shall be terminated. However,
for a person whose duty to reregister or verify his registration information was
terminated under this subsection, the Department of State Police shall, annually
for Tier I or Tier II offenders and quarterly for persons convicted of Tier III
offenses and murder, verify and report to the attorney for the Commonwealth in
the jurisdiction in which the person resides that the person continues to suffer
from the physical condition that resulted in such termination.
			The court shall promptly notify the State Police upon entry of an order
granting the petition to terminate the duty to reregister.
			If the petition is denied, the duty to reregister shall continue. An appeal
from the denial of a petition shall be to the Court of Appeals.
			A petition for relief pursuant to this subsection may not be filed within
three years from the date on which any previous petition for such relief was
denied.
			If, at any time, the person&#8217;s physical condition changes so that he is
capable of reoffending, reregistering, or verifying his registration
information, the attorney for the Commonwealth shall file a petition with the
circuit court in the jurisdiction where the person resides and the court shall
hold a hearing on the petition, with notice to the person and his guardian, to
determine whether the person still suffers from a physical condition that makes
the person (i) no longer a menace to the health and safety of others and (ii)
incapable of reregistering or verifying his registration information. If the
petition is granted, the duty to reregister shall commence from the date of the
court&#8217;s order. An appeal from the denial or granting of a petition shall
be to the Court of Appeals. Prior to the hearing the court shall order a
comprehensive assessment of the applicant by at least two licensed physicians
other than the person&#8217;s primary care physician. A report of the assessment
shall be filed with the court prior to the hearing. The costs of the assessment
shall be taxed as costs of the proceeding.

HISTORY: 2003, c. 584; 2006, cc. 857, 914; 2020, c. 829; 2021, Sp. Sess. I, c.
489.