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
Title 37.2 - Behavioral Health and Developmental Services
Chapter 9 - Civil Commitment of Sexually Violent Predators
§ 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
§ 37.2-905.1. 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
§ 37.2-911. Petition for release; hearing; procedures
§ 37.2-912. Conditional release; criteria; conditions; reports
§ 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
§ 37.2-920. Appeal by Attorney General; emergency custody order