37.2-912 - Conditional release; criteria; conditions; reports.
§ 37.2-912. Conditional release; criteria; conditions; reports.
A. At any time the court considers the respondent's need for secure inpatienttreatment pursuant to this chapter, it shall place the respondent onconditional release if it finds that (i) he does not need secure inpatienttreatment but needs outpatient treatment or monitoring to prevent hiscondition from deteriorating to a degree that he would need secure inpatienttreatment; (ii) appropriate outpatient supervision and treatment arereasonably available; (iii) there is significant reason to believe that therespondent, if conditionally released, would comply with the conditionsspecified; and (iv) conditional release will not present an undue risk topublic safety. In making its determination, the court may consider (i) thenature and circumstances of the sexually violent offense for which therespondent was charged or convicted, including the age and maturity of thevictim; (ii) the results of any actuarial test, including the likelihood ofrecidivism; (iii) the results of any diagnostic tests previously administeredto the respondent under this chapter; (iv) the respondent's mental history,including treatments for mental illness or mental disorders, participation inand response to therapy or treatment, and any history of previoushospitalizations; (v) the respondent's present mental condition; (vi) therespondent's response to treatment while in secure inpatient treatment or onconditional release, including his disciplinary record and any infractions;(vii) the respondent's living arrangements and potential employment if hewere to be placed on conditional release; (viii) the availability oftransportation and appropriate supervision to ensure participation by therespondent in necessary treatment; and (ix) any other factors that the courtdeems relevant. The court shall subject the respondent to the orders andconditions it deems will best meet his need for treatment and supervision andbest serve the interests of justice and society. In all cases of conditionalrelease, the court shall order the respondent to be subject to electronicmonitoring of his location by means of a GPS (Global Positioning System)tracking device, or other similar device, at all times while he is onconditional release.
The Department or, if the respondent is on parole or probation, therespondent's parole or probation officer shall implement the court'sconditional release orders and shall submit written reports to the court onthe respondent's progress and adjustment in the community no less frequentlythan every six months. The Department of Behavioral Health and DevelopmentalServices is authorized to contract with the Department of Corrections toprovide services for the monitoring and supervision of sexually violentpredators who are on conditional release.
The Department or, if the respondent is on parole or probation, therespondent's parole or probation officer shall send a copy of each writtenreport submitted to the court and copies of all correspondence with the courtpursuant to this section to the Attorney General and the Commissioner.
B. Notwithstanding any other provision of law, when any respondent is placedon conditional release under this article, the Department of Corrections andthe Office of the Attorney General shall provide to the Department, or if therespondent is on parole or probation, the respondent's parole or probationofficer, all relevant criminal history information, medical and mental healthrecords, presentence and postsentence reports and victim impact statements,and the mental health evaluations performed pursuant to this chapter, for usein the management and treatment of the respondent placed on conditionalrelease. Any information or document provided pursuant to this subsectionshall not be subject to disclosure under the Virginia Freedom of InformationAct (§ 2.2-3700 et seq.).
(1999, cc. 946, 985, § 37.1-70.13; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2006, cc. 698, 730, 863, 914; 2007, c. 876; 2009, cc. 740, 813,840.)