Virginia law allows the Commissioner or the acquittee to petition for the release of an individual from hospitalization, with specific procedures for assessments and reports. The court reviews these petitions, appoints evaluators, and makes decisions based on clinical findings and plans. The law also limits the frequency of petitions and outlines evaluation timelines.
Either the Commissioner or the acquittee themselves can petition the court for release, with specific procedures and limitations.
An acquittee may petition for release once per year unless an annual judicial review is required.
Evaluators review the acquittee's condition based on clinical factors, and evaluations must be completed within 45 days of court order if initiated by the court.
The court can order the Commissioner to appoint evaluators to conduct further assessments before making a decision.