If an acquittee is returned to the custody of the Commissioner for inpatient treatment pursuant to revocation proceedings, and his condition improves to the degree that, within 60 days of resumption of custody following the hearing, the acquittee, in the opinion of hospital staff treating the acquittee and the supervising community services board or behavioral health authority, is an appropriate candidate for conditional release, he may be, with the approval of the court, conditionally released as if revocation had not taken place. If treatment is required for longer than 60 days, the acquittee shall be returned to the custody of the Commissioner for a period of hospitalization and treatment which is governed by the provisions of this chapter applicable to committed acquittees.
1991, c. 427; 1993, c. 295; 2006, cc. 199, 225; 2007, cc. 485, 565.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 11.1 - Disposition of Persons Acquitted by Reason of Insanity
§ 19.2-182.3. Commitment; civil proceedings
§ 19.2-182.5. Review of continuation of confinement hearing; procedure and reports; disposition
§ 19.2-182.6. Petition for release; conditional release hearing; notice; disposition
§ 19.2-182.7. Conditional release; criteria; conditions; reports
§ 19.2-182.8. Revocation of conditional release
§ 19.2-182.9. Emergency custody of conditionally released acquittee
§ 19.2-182.10. Release of person whose conditional release was revoked
§ 19.2-182.11. Modification or removal of conditions; notice; objections; review
§ 19.2-182.12. Representation of Commonwealth and acquittee
§ 19.2-182.13. Authority of Commissioner; delegation to board; liability
§ 19.2-182.14. Escape of persons placed or committed; penalty
§ 19.2-182.15. Escape of persons placed on conditional release; penalty