37.2-910 - Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition.
§ 37.2-910. Review of continuation of secure inpatient treatment hearing;procedure and reports; disposition.
A. The committing court shall conduct a hearing 12 months after the date ofcommitment to assess each respondent's need for secure inpatient treatment. Ahearing for assessment shall be conducted at yearly intervals for five yearsand at biennial intervals thereafter. The court shall schedule the matter forhearing as soon as possible after it becomes due, giving the matter priorityover all pending matters before the court. A continuance extending the reviewmay be granted to either the Attorney General or the respondent upon goodcause shown or by agreement of the parties.
B. Prior to the hearing, the Commissioner shall provide to the court a reportreevaluating the respondent's condition and recommending treatment. Thereport shall be prepared by a licensed psychiatrist or a licensed clinicalpsychologist skilled in the diagnosis, treatment and risk assessment of sexoffenders. If the Commissioner's report recommends discharge or therespondent requests discharge, the respondent's condition and need for secureinpatient treatment shall be evaluated by a second person with suchcredentials who is not currently treating the respondent. Any professionalperson who conducts a second evaluation of a respondent shall submit a reportof his findings to the court and the Commissioner. A copy of any reportsubmitted pursuant to this subsection shall be sent to the Attorney General.
C. The burden of proof at the hearing shall be upon the Commonwealth to proveto the court by clear and convincing evidence that the respondent remains asexually violent predator.
D. If the court finds, based upon the report and other evidence provided atthe hearing, that the respondent is no longer a sexually violent predator,the court shall release the respondent from secure inpatient treatment. Ifthe court finds that the respondent remains a sexually violent predator, itshall order that he remain in the custody of the Commissioner for secureinpatient hospitalization and treatment or that he be conditionally released.To determine if the respondent shall be conditionally released, the courtshall determine if the respondent meets the criteria for conditional releaseset forth in § 37.2-912. If the court orders that the respondent beconditionally released, the court shall allow the Department no less than 30days and no more than 60 days to prepare a conditional release plan. Any suchplan must be able to accommodate needed and appropriate supervision andtreatment plans for the respondent, including but not limited to, therapy orcounseling, access to medications, availability of travel, location ofresidence, and regular psychological monitoring of the respondent if calledfor, including polygraph examinations, penile plethysmograph testing, orsexual interest testing, if necessary. Access to anti-androgen medications orother medication prescribed to lower blood serum testosterone shall not beused as a primary reason for determining that less restrictive alternativesare appropriate pursuant to this chapter.
If the court places the respondent on conditional release, the court shallorder the respondent to be subject to electronic monitoring of his locationby means of a GPS (Global Positioning System) tracking device, or othersimilar device, at all times while he is on conditional release.
(1999, cc. 946, 985, § 37.1-70.11; 2001, c. 776; 2003, cc. 989, 1018; 2005,c. 716; 2006, cc. 698, 730, 863, 914; 2007, c. 876.)