19.2-182.7 - Conditional release; criteria; conditions; reports.

§ 19.2-182.7. Conditional release; criteria; conditions; reports.

At any time the court considers the acquittee's need for inpatienthospitalization pursuant to this chapter, it shall place the acquittee onconditional release if it finds that (i) based on consideration of thefactors which the court must consider in its commitment decision, he does notneed inpatient hospitalization but needs outpatient treatment or monitoringto prevent his condition from deteriorating to a degree that he would needinpatient hospitalization; (ii) appropriate outpatient supervision andtreatment are reasonably available; (iii) there is significant reason tobelieve that the acquittee, if conditionally released, would comply with theconditions specified; and (iv) conditional release will not present an unduerisk to public safety. The court shall subject a conditionally releasedacquittee to such orders and conditions it deems will best meet theacquittee's need for treatment and supervision and best serve the interestsof justice and society.

The community services board or behavioral health authority as designated bythe Commissioner shall implement the court's conditional release orders andshall submit written reports to the court on the acquittee's progress andadjustment in the community no less frequently than every six months. Anaquittee's conditional release shall not be revoked solely because of hisvoluntary admission to a state hospital.

After a finding by the court that the acquittee has violated the conditionsof his release but does not require inpatient hospitalization pursuant to §19.2-182.8, the court may hold the acquittee in contempt of court forviolation of the conditional release order.

(1991, c. 427; 1999, cc. 700, 746; 2007, cc. 485, 565; 2008, c. 810.)