2006 Code of Virginia § 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 and by a conditionalrelease or discharge plan, as applicable, prepared jointly by the hospitaland the appropriate community services board. The acquittee may petition thecommitting court for release only once in each year in which no annualjudicial review is required pursuant to 19.2-182.5. The party petitioningfor release shall transmit a copy of the petition to the attorney for theCommonwealth for the committing jurisdiction.

B. Upon receipt of a petition for release, the court shall order theCommissioner to appoint two persons in the same manner as set forth in 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 withinforty-five days of issuance of the court's order for evaluation.

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 expeditedbasis and given priority over other civil matters before the court. Theacquittee shall be provided with adequate notice of the hearing, of the rightto be present at the hearing, the right to the assistance of counsel inpreparation for and during the hearing, and the right to introduce evidenceand cross-examine witnesses. Written notice of the hearing shall be providedto the 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; (ii) placed on conditional releaseif he meets the criteria for such release as set forth in 19.2-182.7, andthe court has approved a conditional release plan prepared jointly by thehospital and the appropriate community services board; or (iii) retained inthe custody of the Commissioner if he continues to require inpatienthospitalization based on consideration 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.)