A. Upon receipt of a recommendation by the CRC regarding an eligible prisoner or an unrestorably incompetent defendant for review pursuant to § 19.2-169.3, the Attorney General shall have 90 days to conduct a review of the prisoner or defendant and (i) file a petition for the civil commitment of the prisoner or defendant as a sexually violent predator and stating sufficient facts to support such allegation or (ii) notify the Director and Commissioner, in the case of a prisoner, or the referring court and the Commissioner, in the case of an unrestorably incompetent defendant, that he will not file a petition for commitment. Petitions for commitment shall be filed in the circuit court for the judicial circuit or district in which the prisoner was last convicted of a sexually violent offense or in the circuit court for the judicial circuit or district in which the defendant was deemed unrestorably incompetent and referred for commitment review pursuant to § 19.2-169.3.
B. If the Attorney General decides not to file a petition for the civil commitment of a prisoner or defendant, or if a petition is filed but is dismissed for any reason, the Attorney General and the Director may share any relevant information with the probation and parole officer who is to supervise the prisoner and with the Department to the extent allowed by state and federal law.
1999, cc. 946, 985, § 37.1-70.6; 2001, c. 776; 2003, cc. 989, 1018; 2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 9 - Civil Commitment of Sexually Violent Predators
§ 37.2-900.1. Office of Sexually Violent Predator Services
§ 37.2-901. Civil proceeding; rights of respondents; discovery
§ 37.2-902. Commitment Review Committee; membership
§ 37.2-905.1. Substantial compliance
§ 37.2-905.2. Access to records
§ 37.2-906. Probable cause hearing; procedures
§ 37.2-907. Right to assistance of experts; compensation
§ 37.2-908. Trial; right to trial by jury; standard of proof; discovery
§ 37.2-909. Placement of committed respondents
§ 37.2-911. Petition for release; hearing; procedures
§ 37.2-912. Conditional release; criteria; conditions; reports
§ 37.2-914. Modification or removal of conditions; notice; objections; review
§ 37.2-915. Representation of Commonwealth and person subject to commitment; nature of proceedings
§ 37.2-916. Authority of Commissioner; delegation to board; liability
§ 37.2-917. Escape of persons committed; penalty
§ 37.2-918. Persons on conditional release leaving Commonwealth; penalty
§ 37.2-920. Appeal by Attorney General; emergency custody order