19.2-182.8 - Revocation of conditional release. - Virginia Statutes

§ 19.2-182.8. Revocation of conditional release.

If at any time the court that released an acquittee pursuant to § 19.2-182.7finds reasonable ground to believe that an acquittee on conditional release(i) has violated the conditions of his release or is no longer a propersubject for conditional release based on application of the criteria forconditional release and (ii) requires inpatient hospitalization, it may orderan evaluation of the acquittee by a psychiatrist or clinical psychologist,provided the psychiatrist or clinical psychologist is qualified by trainingand experience to perform forensic evaluations. If the court, based on theevaluation and after hearing evidence on the issue, finds by a preponderanceof the evidence that an acquittee on conditional release (i) has violated theconditions of his release or is no longer a proper subject for conditionalrelease based on application of the criteria for conditional release and (ii)is mentally ill or mentally retarded and requires inpatient hospitalization,the court may revoke the acquittee's conditional release and order himreturned to the custody of the Commissioner.

At any hearing pursuant to this section, the acquittee shall be provided withadequate notice of the hearing, of the right to be present at the hearing,the right to the assistance of counsel in preparation for and during thehearing, and the right to introduce evidence and cross-examine witnesses atthe hearing. The hearing shall be scheduled on an expedited basis and shallbe given priority over other civil matters before the court. Written noticeof the hearing shall be provided to the attorney for the Commonwealth for thecommitting jurisdiction. The hearing is a civil proceeding.

(1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2006, cc. 343, 369, 370;2008, c. 810.)