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'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 § 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trial for this offense, no active period of incarceration is imposed, or if the person is acquitted or the charges are withdrawn or dismissed, he shall be returned to the Department of Behavioral Health and Developmental Services pursuant to his commitment.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 § 37.2-910 until 12 months after he has been returned to the custody of the Commissioner. Such reincarceration shall toll the provisions of § 37.2-910.
2005, cc. 716, 914; 2006, cc. 863, 914; 2009, cc. 813, 840.
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