A. At any time the court considers the respondent's need for secure inpatient treatment pursuant to this chapter, it shall place the respondent on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that the respondent, if conditionally released, would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety. In making its determination, the court may consider (a) the nature and circumstances of the sexually violent offense for which the respondent was charged or convicted, including the age and maturity of the victim; (b) the results of any actuarial test, including the likelihood of recidivism; (c) the results of any diagnostic tests previously administered to the respondent under this chapter; (d) the respondent's mental history, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (e) the respondent's present mental condition; (f) the respondent's response to treatment while in secure inpatient treatment or on conditional release, including his disciplinary record and any infractions; (g) the respondent's living arrangements and potential employment if he were to be placed on conditional release; (h) the availability of transportation and appropriate supervision to ensure participation by the respondent in necessary treatment; and (i) any other factors that the court deems relevant. The court shall subject the respondent to the orders and conditions it deems will best meet his need for treatment and supervision and best serve the interests of justice and society. In all cases of conditional release, the court shall order the respondent to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release.
The Department or, if the respondent is on parole or probation, the respondent's parole or probation officer shall implement the court's conditional release orders and shall submit written reports to the court on the respondent's progress and adjustment in the community no less frequently than every six months. The Department of Behavioral Health and Developmental Services is authorized to contract with the Department of Corrections to provide services for the monitoring and supervision of sexually violent predators who are on conditional release.
The Department or, if the respondent is on parole or probation, the respondent's parole or probation officer shall send a copy of each written report submitted to the court and copies of all correspondence with the court pursuant to this section to the Attorney General and the Commissioner.
B. Notwithstanding any other provision of law, when any respondent is placed on conditional release under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department, or if the respondent is on parole or probation, the respondent's parole or probation officer, all relevant criminal history information, medical and mental health records, presentence and postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to this chapter, for use in the management and treatment of the respondent placed on conditional release. Any information or document provided pursuant to this subsection shall not be subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
C. Any person placed on conditional release pursuant to this chapter who tampers with or in any way attempts to circumvent the operation of his GPS equipment is guilty of a Class 6 felony.
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; 2023, cc. 379, 380.
Notes of Decisions
Cited in
26
cases (
17 in the last 5 years), 2009–2026 · leading case:
Com. v. Amerson, 706 S.E.2d 879 (Va. 2011).
Com. v. Amerson, 706 S.E.2d 879 (Va. 2011).
· cites it 6× “" Next, Amerson points out that, under Code § 37.2-912, a conditional release order may be implemented by DBHDS "or, if the [SVP] is on parole or probation, the [SVP's] parole or probation officer.”
Lotz v. Com., 672 S.E.2d 833 (Va. 2009).
· cites it 8× “However, Lotz argues that the circuit court erred in denying his conditional release as he satisfied the criteria for conditional release under Code § 37.2-912(A). The Commonwealth argues that the *836 evidence presented at the hearing proved that Lotz did not satisfy such…”
Rickman v. Commonwealth, 808 S.E.2d 395 (Va. 2017).
· cites it 2× “Upon reviewing the factors set forth in Code § 37.2-912(A), the circuit court determined that Rickman needed secure inpatient treatment **536 "and that his conditional release [would] present an undue risk to public safety.”
Com. v. Bell, 714 S.E.2d 562 (Va. 2011).
· cites it 20× “2-900" but that he "satisfies the criteria for conditional release set forth under Virginia Code § 37.2-912." On May 24, 2010, the court ordered that Bell be granted a conditional release but that he be held in custody pending the preparation of a conditional release plan.”
Gibson v. Commonwealth (Va. 2014).
· cites it 29× “At the commencement of the reconvened trial to determine Gibson's suitability for conditional release, the circuit court stated: "[W]e go forward with the second phase of this hearing and I believe [Mr. Gibson], the burden is on you to proceed.”
Steven Perry v. Commonwealth of Virginia (Va. Ct. App. 2023).
· cites it 12× “If the circuit court finds that a respondent remains a sexually violent predator, the court “shall order that he remain in the custody” of the Department “for secure inpatient hospitalization and treatment or that he be conditionally released.”
Frank T. Robertson, III, s/k/a, etc. v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 11× “After considering evidence presented at two different hearings, the circuit court found that Robertson did not meet the four criteria for conditional release under Code § 37.2-912(A). Because the court was not plainly wrong, we affirm.”
Keith Rankins v. Commonwealth of Virginia (Va. Ct. App. 2024).
· cites it 8× “2-910, that he “did not meet the criteria for conditional release” under Code § 37.2-912, and that he should remain in the custody of the Department of Behavioral Health and Developmental Services (the “Department”) for treatment.”
— Va. Code Ann. § 37.2-912(A) — 18 cases
Lotz v. Com., 672 S.E.2d 833 (Va. 2009).
“However, Lotz argues that the circuit court erred in denying his conditional release as he satisfied the criteria for conditional release under Code § 37.2-912(A). The Commonwealth argues that the *836 evidence presented at the hearing proved that Lotz did not satisfy such…”
Com. v. Amerson, 706 S.E.2d 879 (Va. 2011).
“" Next, Amerson points out that, under Code § 37.2-912, a conditional release order may be implemented by DBHDS "or, if the [SVP] is on parole or probation, the [SVP's] parole or probation officer.”
Rickman v. Commonwealth, 808 S.E.2d 395 (Va. 2017).
“Upon reviewing the factors set forth in Code § 37.2-912(A), the circuit court determined that Rickman needed secure inpatient treatment **536 "and that his conditional release [would] present an undue risk to public safety.”
Com. v. Bell, 714 S.E.2d 562 (Va. 2011).
“2-900" but that he "satisfies the criteria for conditional release set forth under Virginia Code § 37.2-912." On May 24, 2010, the court ordered that Bell be granted a conditional release but that he be held in custody pending the preparation of a conditional release plan.”
Gibson v. Commonwealth (Va. 2014).
“At the commencement of the reconvened trial to determine Gibson's suitability for conditional release, the circuit court stated: "[W]e go forward with the second phase of this hearing and I believe [Mr. Gibson], the burden is on you to proceed.”
— Va. Code Ann. § 37.2-912(A)(i) — 4 cases
Steven Perry v. Commonwealth of Virginia (Va. Ct. App. 2023).
“If the circuit court finds that a respondent remains a sexually violent predator, the court “shall order that he remain in the custody” of the Department “for secure inpatient hospitalization and treatment or that he be conditionally released.”
— Va. Code Ann. § 37.2-912(A)(ii) — 2 cases
Steven Perry v. Commonwealth of Virginia (Va. Ct. App. 2023).
“If the circuit court finds that a respondent remains a sexually violent predator, the court “shall order that he remain in the custody” of the Department “for secure inpatient hospitalization and treatment or that he be conditionally released.”
— Va. Code Ann. § 37.2-912(A)(iii) — 3 cases
Steven Perry v. Commonwealth of Virginia (Va. Ct. App. 2023).
“If the circuit court finds that a respondent remains a sexually violent predator, the court “shall order that he remain in the custody” of the Department “for secure inpatient hospitalization and treatment or that he be conditionally released.”
— Va. Code Ann. § 37.2-912(A)(iv) — 5 cases
Steven Perry v. Commonwealth of Virginia (Va. Ct. App. 2023).
“If the circuit court finds that a respondent remains a sexually violent predator, the court “shall order that he remain in the custody” of the Department “for secure inpatient hospitalization and treatment or that he be conditionally released.”
— Va. Code Ann. § 37.2-912(C) — 1 case
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