2006 Code of Virginia § 19.2-182.11 - Modification or removal of conditions; notice; objections; review

19.2-182.11. Modification or removal of conditions; notice; objections;review.

A. The committing court may modify conditions of release or remove conditionsplaced on release pursuant to 19.2-182.7, upon petition of the supervisingcommunity services board, the attorney for the Commonwealth, or the acquitteeor upon its own motion based on reports of the supervising community servicesboard. However, the acquittee may petition only annually commencing sixmonths after the conditional release order is issued. Upon petition, thecourt shall require the supervising community services board to provide areport on the acquittee's progress while on conditional release.

B. As it deems appropriate based on the community services board's report andany other evidence provided to it, the court may issue a proposed order formodification or removal of conditions. The court shall provide notice of theorder, and their right to object to it within ten days of its issuance, tothe acquittee, the supervising community services board and the attorney forthe Commonwealth for the committing jurisdiction and for the jurisdictionwhere the acquittee is residing on conditional release. The proposed ordershall become final if no objection is filed within ten days of its issuance.If an objection is so filed, the court shall conduct a hearing at which theacquittee, the attorney for the Commonwealth, and the supervising communityservices board have an opportunity to present evidence challenging theproposed order. At the conclusion of the hearing, the court shall issue anorder specifying conditions of release or removing existing conditions ofrelease.

(1991, c. 427.)