2006 Code of Virginia § 37.2-912 - Conditional release; criteria; conditions; reports

37.2-912. Conditional release; criteria; conditions; reports.

A. At any time the court considers the committed person's need for secureinpatient treatment pursuant to this chapter, it shall place the committedperson on conditional release if it finds that (i) based on consideration ofthe factors that the court must consider in its commitment decision, he doesnot need secure inpatient treatment but needs outpatient treatment ormonitoring to prevent his condition from deteriorating to a degree that hewould need secure inpatient treatment; (ii) appropriate outpatientsupervision and treatment are reasonably available; (iii) there issignificant reason to believe that the committed person, if conditionallyreleased, would comply with the conditions specified; and (iv) conditionalrelease will not present an undue risk to public safety. In making itsdetermination, the court may consider (i) the nature and circumstances of thesexually violent offense for which the person was charged or convicted,including the age and maturity of the victim; (ii) the results of anyactuarial test, including the likelihood of recidivism; (iii) the results ofany diagnostic tests previously administered to the person under thischapter; (iv) the person's mental history, including treatments for mentalillness or mental disorders, participation in and response to therapy ortreatment, and any history of previous hospitalizations; (v) the person'spresent mental condition; (vi) the person's response to treatment while insecure inpatient treatment or on conditional release, including hisdisciplinary record and any infractions; (vii) the person's livingarrangements and potential employment if he were to be placed on conditionalrelease; (viii) the availability of transportation and appropriatesupervision to ensure participation by the person in necessary treatment; and(ix) any other factors that the court deems relevant. The court shall subjecta conditionally released committed person to the orders and conditions itdeems will best meet the committed person's need for treatment andsupervision and best serve the interests of justice and society. In all casesof conditional release, the court shall order the person to be subject toelectronic monitoring of his location by means of a GPS (Global PositioningSystem) tracking device, or other similar device, at all times while he is onconditional release.

The Department or, if the person is on parole or probation, the person'sparole or probation officer shall implement the court's conditional releaseorders and shall submit written reports to the court on the committedperson's progress and adjustment in the community no less frequently thanevery six months. The Department of Mental Health, Mental Retardation andSubstance Abuse Services is authorized to contract with the Department ofCorrections to provide services for the monitoring and supervision of personscommitted as sexually violent predators who are on conditional release.

The Department or, if the person is on parole or probation, the person'sparole or probation officer shall send a copy of each written reportsubmitted to the court and copies of all correspondence with the courtpursuant to this section to the Attorney General and the Commissioner.

B. Notwithstanding any other provision of law, when any person is placed onconditional release under this article, the Department of Corrections shallprovide to the Department of Mental Health, Mental Retardation and SubstanceAbuse Services, or if the person is on parole or probation, the person'sparole or probation officer, all relevant criminal history information,medical and mental health records, presentence and postsentence reports andvictim impact statements, and the mental health evaluations performedpursuant to subsection B of 37.2-904 and 37.2-907, for use in themanagement and treatment of the person placed on conditional release. Anyinformation or document provided pursuant to this subsection shall not besubject to disclosure under the Virginia Freedom of Information Act (2.2-3700 et seq.).

(1999, cc. 946, 985, 37.1-70.13; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2006, cc. 698, 730, 863, 914.)