Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 225
Petition Information
Petition Title To require a new regulation for guidance documents for petitions for modification or removal of conditions, pursuant to ยง19.2-182.11 of the Code of Virginia
Date Filed 5/29/2015    [Transmittal Sheet]
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's Plan

The board will consider the petition and public comment at its next scheduled meeting on July 16, 2015, in Richmond.

Comment Period Began 6/15/2015    Ended 7/5/2015
Virginia Register Announcement Submitted on 5/29/2015
The Virginia Register of Regulations
Published on: 6/15/2015     Volume: 31  Issue: 21
Agency Decision Take no action [Transmittal Sheet]    
Response Date 7/22/2015
Decision Publication Date Published on: 8/10/2015     Volume: 31  Issue: 25
Agency Decision Summary

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).

Contact Information
Name / Title: Ruth Anne Walker  / Regulatory Coordinator
Address: DBHDS - 11th Floor
1220 Bank Street, P.O. Box 1797
Richmond, 2321801797
Email Address:
Telephone: (804)225-2252    FAX: (804)786-8623    TDD: ()-