37.2-913 - Emergency custody of conditionally released respondents; revocation of conditional release.
§ 37.2-913. Emergency custody of conditionally released respondents;revocation of conditional release.
A. A judicial officer may issue an emergency custody order, upon the swornpetition of any responsible person or upon his own motion, based uponprobable cause to believe that a respondent on conditional release within hisjudicial district has violated the conditions of his release and is no longera proper subject for conditional release. The judicial officer shall forwarda copy of the petition and the emergency custody order to the circuit courtthat conditionally released the respondent, the Attorney General, and theDepartment. Petitions and orders for emergency custody of conditionallyreleased respondents pursuant to this section may be filed, issued, served,or executed by electronic means, with or without the use of two-wayelectronic video and audio communication, and returned in the same mannerwith the same force, effect, and authority as an original document. Allsignatures thereon shall be treated as original signatures.
B. The emergency custody order shall require a law-enforcement officer totake the respondent into custody immediately. A law-enforcement officer maylawfully go to or be sent beyond the territorial limits of the county, city,or town in which he serves to any point in the Commonwealth for the purposeof executing an emergency custody order pursuant to this section. Therespondent shall be transported to a secure facility specified by theDepartment where a person designated by the Department who is skilled in thediagnosis, treatment, and risk assessment of sex offenders shall, as soon aspracticable, perform a mental health examination of the respondent, includinga personal interview. The mental health evaluator shall consider the criteriain § 37.2-912 and shall opine whether the respondent remains suitable forconditional release. The evaluator shall report his findings and conclusionsin writing to the Department, the Office of the Attorney General, counsel forthe respondent, and the court in which the petition was filed. Theevaluator's report shall become part of the record in the case.
C. The respondent on conditional release shall remain in custody until ahearing is held in the circuit court that conditionally released therespondent on the motion or petition to determine if he should be returned tothe custody of the Commissioner. The hearing shall be given priority on thecourt's docket.
D. The respondent's failure to comply with the conditions of release,including outpatient treatment, may be admitted into evidence. The evaluatordesignated in subsection B may be permitted to testify at the hearing as tohis diagnosis, his opinion as to whether the respondent remains suitable forconditional release, his recommendation as to treatment and supervision, andthe basis for his opinions. If upon hearing the evidence, the court findsthat the respondent on conditional release has violated the conditions of hisrelease and that the violation of conditions was sufficient to render him nolonger suitable for conditional release, the court shall revoke hisconditional release and order him returned to the custody of the Commissionerfor secure inpatient treatment. The respondent may petition the court forre-release pursuant to the conditions set forth in § 37.2-911 no sooner thansix months from his return to custody. The respondent petitioning forre-release shall transmit a copy of the petition to the Attorney General andthe Commissioner.
(1999, cc. 946, 985, § 37.1-70.14; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 51, 716; 2009, c. 740.)