Code of Virginia
Chapter 9 - Civil Commitment of Sexually Violent Predators
§ 37.2-905. Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding d...

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

Code of Virginia

Title 37.2 - Behavioral Health and Developmental Services

Chapter 9 - Civil Commitment of Sexually Violent Predators

§ 37.2-900. Definitions

§ 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

§ 37.2-903. Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC

§ 37.2-904. CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation

§ 37.2-905. Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding d...

§ 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

§ 37.2-910. Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition

§ 37.2-911. Petition for release; hearing; procedures

§ 37.2-912. Conditional release; criteria; conditions; reports

§ 37.2-913. Emergency custody of conditionally released respondents; revocation of conditional release

§ 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

§ 37.2-919. Postrelease supervision of Department; commission of new criminal offense by person committed to Department

§ 37.2-920. Appeal by Attorney General; emergency custody order

§ 37.2-921. Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons