9.1-909 - Relief from registration or reregistration.
§ 9.1-909. Relief from registration or reregistration.
A. Upon expiration of three years from the date upon which the duty toregister as a sexually violent offender or murderer is imposed, the personrequired to register may petition the court in which he was convicted or, ifthe conviction occurred outside of the Commonwealth, the circuit court in thejurisdiction where he currently resides, for relief from the requirement toreregister every 90 days. After five years from the date of his lastconviction for a violation of § 18.2-472.1, a sexually violent offender ormurderer may petition for relief from the requirement to reregister monthly.A person who is required to register may similarly petition the circuit courtfor relief from the requirement to reregister every 180 days after five yearsfrom the date of his last conviction for a violation of § 18.2-472.1. Thecourt shall hold a hearing on the petition, on notice to the attorney for theCommonwealth, to determine whether the person suffers from a mentalabnormality or a personality disorder that makes the person a menace to thehealth and safety of others or significantly impairs his ability to controlhis sexual behavior. Prior to the hearing the court shall order acomprehensive assessment of the applicant by a panel of three certified sexoffender treatment providers as defined in § 54.1-3600. A report of theassessment shall be filed with the court prior to the hearing. The costs ofthe assessment shall be taxed as costs of the proceeding.
If, after consideration of the report and such other evidence as may bepresented at the hearing, the court finds by clear and convincing evidencethat the person does not suffer from a mental abnormality or a personalitydisorder that makes the person a menace to the health and safety of others orsignificantly impairs his ability to control his sexual behavior, thepetition shall be granted and the duty to reregister more frequently thanonce a year shall be terminated. The court shall promptly notify the StatePolice upon entry of an order granting the petition. The person shall,however, be under a continuing duty to register annually for life. If thepetition is denied, the duty to reregister with the same frequency as beforeshall continue. An appeal from the denial of a petition shall lie to theSupreme Court.
A petition for relief pursuant to this subsection may not be filed withinthree years from the date on which any previous petition for such relief wasdenied.
B. The duly appointed guardian of a person convicted of an offense requiringregistration or reregistration as either a sex offender, sexually violentoffender or murderer, who due to a physical condition is incapable of (i)reoffending and (ii) reregistering, may petition the court in which theperson was convicted for relief from the requirement to reregister. The courtshall hold a hearing on the petition, on notice to the attorney for theCommonwealth, to determine whether the person suffers from a physicalcondition that makes the person (i) no longer a menace to the health andsafety of others and (ii) incapable of reregistering. Prior to the hearingthe court shall order a comprehensive assessment of the applicant by at leasttwo licensed physicians other than the person's primary care physician. Areport of the assessment shall be filed with the court prior to the hearing.The costs of the assessment shall be taxed as costs of the proceeding.
If, after consideration of the report and such other evidence as may bepresented at the hearing, the court finds by clear and convincing evidencethat due to his physical condition the person (i) no longer poses a menace tothe health and safety of others and (ii) is incapable of reregistering, thepetition shall be granted and the duty to reregister shall be terminated.However, for a person whose duty to reregister was terminated under thissubsection, the Department of State Police shall, annually for sex offendersand quarterly for persons convicted of sexually violent offenses and murder,verify and report to the attorney for the Commonwealth in the jurisdiction inwhich the person resides that the person continues to suffer from thephysical condition that resulted in such termination.
The court shall promptly notify the State Police upon entry of an ordergranting the petition to terminate the duty to reregister.
If the petition is denied, the duty to reregister shall continue. An appealfrom the denial of a petition shall be to the Virginia Supreme Court.
A petition for relief pursuant to this subsection may not be filed withinthree years from the date on which any previous petition for such relief wasdenied.
If, at any time, the person's physical condition changes so that he iscapable of reoffending or reregistering, the attorney for the Commonwealthshall file a petition with the circuit court in the jurisdiction where theperson resides and the court shall hold a hearing on the petition, withnotice to the person and his guardian, to determine whether the person stillsuffers from a physical condition that makes the person (i) no longer amenace to the health and safety of others and (ii) incapable ofreregistering. If the petition is granted, the duty to reregister shallcommence from the date of the court's order. An appeal from the denial orgranting of a petition shall be to the Virginia Supreme Court. Prior to thehearing the court shall order a comprehensive assessment of the applicant byat least two licensed physicians other than the person's primary carephysician. A report of the assessment shall be filed with the court prior tothe hearing. The costs of the assessment shall be taxed as costs of theproceeding.
(2003, c. 584; 2006, cc. 857, 914.)