Va. Code » Title 19.2. Criminal Procedure » Chapter 11.1. Disposition of Persons Acquitted by Reason of Insanity
Virginia Code

Va. Code Ann. § 19.2-182.8 (2026)

Revocation of conditional release

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If at any time the court that released an acquittee pursuant to § 19.2-182.7 finds reasonable ground to believe that an acquittee on conditional release (i) has violated the conditions of his release or is no longer a proper subject for conditional release based on application of the criteria for conditional release and (ii) requires inpatient hospitalization, it may order an evaluation of the acquittee by a psychiatrist or clinical psychologist, provided the psychiatrist or clinical psychologist is qualified by training and experience to perform forensic evaluations. If the court, based on the evaluation and after hearing evidence on the issue, finds by a preponderance of the evidence that an acquittee on conditional release (a) has violated the conditions of his release or is no longer a proper subject for conditional release based on application of the criteria for conditional release and (b) has mental illness or intellectual disability and requires inpatient hospitalization, the court may revoke the acquittee's conditional release and order him returned to the custody of the Commissioner.

At any hearing pursuant to this section, the acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. The hearing shall be scheduled on an expedited basis and shall be given priority over other civil matters before the court. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding.

1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2006, cc. 343, 369, 370; 2008, c. 810; 2012, cc. 476, 507.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2011–2025 · leading case: Eastlack v. Com., 710 S.E.2d 723 (Va. 2011).
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Eastlack v. Com., 710 S.E.2d 723 (Va. 2011). · cites it 2× “Code § 19.2-182.8 further provides that the court may revoke its conditional release of the acquitted person at any time the court determines that he has violated the conditions of his release or if it finds that he is no longer a proper subject for conditional release.”
Doe v. Charter Commc'ns, 131 F.4th 323 (5th Cir. 2025). · cites it 2× “3 violated the ADA by withdrawing the job offer after learning that Doe had been characterized as insane.”
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