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

§ 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 or behavioral health authority, the attorney for theCommonwealth, or the acquittee or upon its own motion based on reports of thesupervising community services board or behavioral health authority. However,the acquittee may petition only annually commencing six months after theconditional release order is issued. Upon petition, the court shall requirethe supervising community services board or behavioral health authority toprovide a report on the acquittee's progress while on conditional release.

B. As it deems appropriate based on the community services board's orbehavioral health authority's report and any other evidence provided to it,the court may issue a proposed order for modification or removal ofconditions. The court shall provide notice of the order, and their right toobject to it within ten days of its issuance, to the acquittee, thesupervising community services board or behavioral health authority and theattorney for the Commonwealth for the committing jurisdiction and for thejurisdiction where the acquittee is residing on conditional release. Theproposed order shall become final if no objection is filed within ten days ofits issuance. If an objection is so filed, the court shall conduct a hearingat which the acquittee, the attorney for the Commonwealth, and thesupervising community services board or behavioral health authority have anopportunity to present evidence challenging the proposed order. At theconclusion of the hearing, the court shall issue an order specifyingconditions of release or removing existing conditions of release.

(1991, c. 427; 2007, cc. 485, 565.)