37.2-919 - Postrelease supervision of Department; commission of new criminal offense by person committed to Department. - Virginia Statutes

§ 37.2-919. Postrelease supervision of Department; commission of new criminaloffense by person committed to Department.

A. If a person committed to the Department of Behavioral Health andDevelopmental Services, whether in involuntary secure inpatient treatment oron conditional release, who is also on probation, parole, or postreleasesupervision, fails to comply with any conditions established by theDepartment, or fails to comply with the terms of a treatment plan, theDepartment shall so notify the Department of Corrections or the person'sprobation and parole officer.

B. If a person committed to the Department of Behavioral Health andDevelopmental Services is arrested for a felony or Class 1 or 2 misdemeanoroffense, he shall be transported to a judicial officer forthwith for a bonddetermination in accordance with the provisions of § 19.2-80. If the judicialofficer admits the accused to bail, he shall, upon his admission to bail, beimmediately transported back into the custody of the Department of BehavioralHealth and Developmental Services. If, after trial for this offense, noactive period of incarceration is imposed, or if the person is acquitted orthe charges are withdrawn or dismissed, he shall be returned to theDepartment of Behavioral Health and Developmental Services pursuant to hiscommitment. If a period of active incarceration of 12 months or longer isimposed or any suspended sentence is revoked resulting in the person beingreturned to the Department of Corrections for a period of activeincarceration of 12 months or longer, the person shall not be entitled to anannual or biennial review hearing pursuant to § 37.2-910 until 12 monthsafter he has been returned to the custody of the Commissioner. Suchreincarceration shall toll the provisions of § 37.2-910.

(2005, cc. 716, 914; 2006, cc. 863, 914; 2009, cc. 813, 840.)