19.2-182.6 - Petition for release; conditional release hearing; notice; disposition.
§ 19.2-182.6. Petition for release; conditional release hearing; notice;disposition.
A. The Commissioner may petition the committing court for conditional orunconditional release of the acquittee at any time he believes the acquitteeno longer needs hospitalization. The petition shall be accompanied by areport of clinical findings supporting the petition with respect to thefactors set forth in § 19.2-182.3 and by a conditional release or dischargeplan, as applicable, prepared jointly by the hospital and the appropriatecommunity services board or behavioral health authority. The acquittee maypetition the committing court for release only once in each year in which noannual judicial review is required pursuant to § 19.2-182.5. The partypetitioning for release shall transmit a copy of the petition to the attorneyfor the Commonwealth for the committing jurisdiction.
B. 1. When a petition for release is made by the acquittee, the court shallorder the Commissioner to appoint two persons in the same manner as set forthin § 19.2-182.2 to assess and report on the acquittee's need for inpatienthospitalization by reviewing his condition with respect to the factors setforth in § 19.2-182.3. The evaluators shall conduct their evaluations andreport their finding in accordance with the provisions of § 19.2-182.2,except that the evaluations shall be completed and findings reported within45 days of issuance of the court's order for evaluation.
2. When a petition for release is made by the Commissioner no furtherevaluations of the acquittee shall be required unless otherwise deemednecessary by the court. If the court determines that further evaluation isnecessary, the court shall order the Commissioner to appoint two persons inthe same manner as set forth in § 19.2-182.2 to assess and report on theacquittee's need for inpatient hospitalization by reviewing his conditionwith respect to the factors set forth in § 19.2-182.3. The evaluators shallconduct their evaluations and report their finding in accordance with theprovisions of § 19.2-182.2, except that the evaluations shall be completedand findings reported within 45 days of issuance of the court's order forevaluation.
The Commissioner shall give notice of the hearing to any victim of the actresulting in the charges on which the acquittee was acquitted or the next ofkin of the victim at the last known address, provided the person submits awritten request for such notification to the Commissioner.
C. Upon receipt of the reports of evaluation, the court shall conduct ahearing on the petition. The hearing shall be scheduled on an expedited basisand given priority over other civil matters before the court. The acquitteeshall be provided with adequate notice of the hearing, of the right to bepresent at the hearing, the right to the assistance of counsel in preparationfor and during the hearing, and the right to introduce evidence andcross-examine witnesses. Written notice of the hearing shall be provided tothe attorney for the Commonwealth for the committing jurisdiction. Thehearing is a civil proceeding.
At the conclusion of the hearing, based upon the report and other evidenceprovided at the hearing, the court shall order the acquittee (i) releasedfrom confinement if he does not need inpatient hospitalization and does notmeet the criteria for conditional release set forth in § 19.2-182.3, providedthe court has approved a discharge plan prepared jointly by the hospital andthe appropriate community services board or behavioral health authority; (ii)placed on conditional release if he meets the criteria for such release asset forth in § 19.2-182.7, and the court has approved a conditional releaseplan prepared jointly by the hospital and the appropriate community servicesboard or behavioral health authority; or (iii) retained in the custody of theCommissioner if he continues to require inpatient hospitalization based onconsideration of the factors set forth in § 19.2-182.3.
D. Persons committed pursuant to this chapter shall be released only inaccordance with the procedures set forth governing release and conditionalrelease.
(1991, c. 427; 1993, c. 295; 2007, cc. 485, 565, 785.)