7/22/2015 12:40 pm
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: State Board of Behavioral Health and Developmental Services
Regulatory Coordinator: Ruth Anne Walker


Agency Contact: Ruth Anne Walker

Regulatory Coordinator


Contact Address: Department of Behavioral Health and Developmental Services

DBHDS - 11th Floor

1220 Bank Street, P.O. Box 1797

Richmond, VA 2321801797
Chapter Affected:
12 vac 35 - :
Statutory Authority: State:

Date Petition Received 05/29/2015
Petitioner Steven Shoon
 Petitioner's Request
Create a new regulation to require community services boards and behavioral health authorities (as defined in § 37.2-100) to produce guidance documents for petitions for modification or removal of conditions at anytime, pursuant to §19.2-182.11 of the Code of Virginia.
 Agency Plan
The board will consider the petition and public comment at its next scheduled meeting on July 16, 2015, in Richmond.
Publication Date 06/15/2015  (comment period will also begin on this date)
Comment End Date 07/05/2015
 Agency Decision
Take no action
Agency Response Date 07/22/2015
 Agency Decision Text
The relevant statutes state that while a CSB must file reports on the acquittee's progress at least every six months, it may petition the court for modification or removal of conditions at anytime.  Only the acquittee is limited to petitioning annually, commencing six months after the conditional release order is issued. On July 16, 2015, the Board voted to deny the request for rulemaking as a change in the law or additional guidance documents do not seem warranted to give CSBs a legal mechanism to do what they can already do (petition anytime).