Code of Virginia
Chapter 9 - Civil Commitment of Sexually Violent Predators
§ 37.2-911. Petition for release; hearing; procedures

A. The Commissioner may petition the committing court for conditional release of the committed respondent at any time he believes the committed respondent's condition has so changed that he is no longer in need of secure inpatient treatment. The Commissioner may petition the committing court for unconditional release of the committed respondent at any time he believes the committed respondent's condition has so changed that he is no longer a sexually violent predator. The petition shall be accompanied by a report of clinical findings supporting the petition and by a conditional release or discharge plan, as applicable, prepared by the Department. The committed respondent may petition the committing court for release only once in each year in which no annual judicial review is required pursuant to § 37.2-910. 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 proposed location of the respondent's residence upon his conditional release.
B. Upon the submission of a petition pursuant to this section, the committing court shall conduct the proceedings according to the procedures set forth in § 37.2-910.
1999, cc. 946, 985, § 37.1-70.12; 2001, c. 776; 2003, cc. 989, 1018; 2005, c. 716; 2009, c. 740; 2015, c. 662.

Structure Code of Virginia

Code of Virginia

Title 37.2 - Behavioral Health and Developmental Services

Chapter 9 - Civil Commitment of Sexually Violent Predators

§ 37.2-900. Definitions

§ 37.2-900.1. Office of Sexually Violent Predator Services

§ 37.2-901. Civil proceeding; rights of respondents; discovery

§ 37.2-902. Commitment Review Committee; membership

§ 37.2-903. Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC

§ 37.2-904. CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation

§ 37.2-905. Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding d...

§ 37.2-905.1. Substantial compliance

§ 37.2-905.2. Access to records

§ 37.2-906. Probable cause hearing; procedures

§ 37.2-907. Right to assistance of experts; compensation

§ 37.2-908. Trial; right to trial by jury; standard of proof; discovery

§ 37.2-909. Placement of committed respondents

§ 37.2-910. Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition

§ 37.2-911. Petition for release; hearing; procedures

§ 37.2-912. Conditional release; criteria; conditions; reports

§ 37.2-913. Emergency custody of conditionally released respondents; revocation of conditional release

§ 37.2-914. Modification or removal of conditions; notice; objections; review

§ 37.2-915. Representation of Commonwealth and person subject to commitment; nature of proceedings

§ 37.2-916. Authority of Commissioner; delegation to board; liability

§ 37.2-917. Escape of persons committed; penalty

§ 37.2-918. Persons on conditional release leaving Commonwealth; penalty

§ 37.2-919. Postrelease supervision of Department; commission of new criminal offense by person committed to Department

§ 37.2-920. Appeal by Attorney General; emergency custody order

§ 37.2-921. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons