37.2-914 - Modification or removal of conditions; notice; objections; review.
§ 37.2-914. Modification or removal of conditions; notice; objections; review.
A. The court that placed the person on conditional release may modifyconditions of release or remove conditions placed on release pursuant to §37.2-912, upon petition of the Department, the supervising parole orprobation officer, the Attorney General, or the person on conditional releaseor upon its own motion based on reports of the Department or the supervisingparole or probation officer. However, the person on conditional release maypetition only annually commencing six months after the conditional releaseorder is issued. Upon petition, the court shall require the Department or, ifthe person is on parole or probation, the person's parole or probationofficer to provide a report on the person's progress while on conditionalrelease. The party petitioning for release shall transmit a copy of thepetition to the Attorney General and the Commissioner.
B. As it deems appropriate based on the Department's or parole or probationofficer's report and any other evidence provided to it, the court may issue aproposed order for modification or removal of conditions. The court shallprovide notice of the order and their right to object to it within 21 days ofits issuance to the person, the Department or parole or probation officer,and the Attorney General. The proposed order shall become final if noobjection is filed within 21 days of its issuance. If an objection is sofiled, the court shall conduct a hearing at which the person on conditionalrelease, the Attorney General, and the Department or the parole or probationofficer have an opportunity to present evidence challenging the proposedorder. At the conclusion of the hearing, the court shall issue an orderspecifying conditions of release or removing existing conditions of release.
(1999, cc. 946, 985, § 37.1-70.15; 2001, c. 776; 2003, cc. 989, 1018; 2005,c. 716; 2009, c. 740.)