As used in this chapter, unless the context requires a different meaning:
"Commissioner" means the Commissioner of Behavioral Health and Developmental Services.
"Defendant" means any person charged with a sexually violent offense who is deemed to be an unrestorably incompetent defendant pursuant to § 19.2-169.3 and is referred for commitment review pursuant to this chapter.
"Department" means the Department of Behavioral Health and Developmental Services.
"Director" means the Director of the Department of Corrections.
"Mental abnormality" or "personality disorder" means a congenital or acquired condition that affects a person's emotional or volitional capacity and renders the person so likely to commit sexually violent offenses that he constitutes a menace to the health and safety of others.
"Respondent" means the person who is subject of a petition filed under this chapter.
"Sexually violent offense" means a felony under (i) former § 18-54, former § 18.1-44, subdivision A 5 of § 18.2-31, § 18.2-61, 18.2-67.1, or 18.2-67.2; (ii) § 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or 18.2-67.3; (iii) subdivision A 1 of § 18.2-31 where the abduction was committed with intent to defile the victim; (iv) § 18.2-32 when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or inanimate or animate object sexual penetration; (v) the laws of the Commonwealth for a forcible sexual offense committed prior to July 1, 1981, where the criminal behavior is set forth in § 18.2-67.1 or 18.2-67.2, or is set forth in § 18.2-67.3; or (vi) conspiracy to commit or attempt to commit any of the above offenses.
"Sexually violent predator" means any person who (i) has been convicted of a sexually violent offense, or has been charged with a sexually violent offense and is unrestorably incompetent to stand trial pursuant to § 19.2-169.3; and (ii) because of a mental abnormality or personality disorder, finds it difficult to control his predatory behavior, which makes him likely to engage in sexually violent acts.
1999, cc. 946, 985, § 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, cc. 740, 813, 840.
Notes of Decisions
Cited in
92
cases (
43 in the last 5 years), 2006–2026 · leading case:
Commonwealth v. Proffitt, 792 S.E.2d 3 (Va. 2016).
Commonwealth v. Proffitt, 792 S.E.2d 3 (Va. 2016).
· cites it 14× “MIMS **631 In this appeal, we consider whether the circuit court abused its discretion by excluding the testimony of two witnesses in a trial under the Civil Commitment of Sexually Violent Predators Act ("SVPA"), Code §§ 37.2-900 et seq. I. BACKGROUND AND MATERIAL PROCEEDINGS…”
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
· cites it 18× “2-905 seeking a determination that Jackson was a SVP under the Civil Commitment of Sexually Violent Predators Act, Code §§ 37.2-900 et seq. (the "SVPA"). 1 The circuit court appointed counsel for Jackson and conducted a probable cause hearing on December 18, 2006 pursuant to…”
Com. v. Miller, 643 S.E.2d 208 (Va. 2007).
· cites it 13× “In this appeal, we consider whether the circuit court erred in qualifying a witness to testify as an expert under the Sexually Violent Predators Act (the Act), Code §§ 37.2-900 through -920. We also consider whether the circuit court erred in concluding that the Commonwealth…”
Com. v. Squire, 685 S.E.2d 631 (Va. 2009).
· cites it 8× “The Commonwealth appeals from the trial court's order dismissing the Commonwealth's petition for the civil commitment of Frankie Lee Squire as a sexually violent predator pursuant to the Civil Commitment of Sexually Violent Predators Act (the Act), Code §§ 37.2-900 through -920.…”
Com. v. Wynn, 671 S.E.2d 137 (Va. 2009).
· cites it 8× “In this appeal, the Commonwealth challenges two evidentiary rulings by the circuit court during a trial under the Civil Commitment of Sexually Violent Predators Act (the SVPA), Code §§ 37.2-900 through -920. Because the circuit court did not err by refusing to admit hearsay…”
Kennedy v. Louisiana, 554 U.S. 407 (2008).
· cites it 2× “147 (West 2003); Va.Code Ann. §§ 37.2-900 to 37.2-920 (2006 and Supp.”
Rickman v. Commonwealth, 808 S.E.2d 395 (Va. 2017).
· cites it 2× “ARTHUR KELSEY **534 Joseph Boyd Rickman appeals a civil-commitment order entered pursuant to the Sexually Violent Predators Act, Code §§ 37.2-900 to -921 ("SVPA"). He claims that the circuit court's violation of a scheduling deadline for the initial probable-cause hearing…”
Shelton v. Com., 645 S.E.2d 914 (Va. 2007).
· cites it 4× “In this appeal, we consider whether the circuit court erred in denying an inmate's motion to dismiss proceedings initiated against him under the Civil Commitment of Sexually Violent Predators Act, Code §§ 37.2-900 through -920 (the Act). The inmate argued that his score on a…”
Harris v. Com., 688 S.E.2d 279 (Va. 2010).
· cites it 14× “Pursuant to the Civil Commitment of Sexually Violent Predators Act (the Act), Code §§ 37.2-900 through -920, the Commonwealth filed a petition seeking to have Gordon H.”
Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018).
· cites it 2× “See Code § 37.2-900 et seq . Under the statute in effect at the time, the Director of the Department of Corrections ("Director") was required to forward to the Commitment Review Committee ("CRC") the name of an eligible inmate who "receive[s] a score of five or more on the…”
Warrington v. Com., 699 S.E.2d 233 (Va. 2010).
· cites it 5× “In this appeal, we consider whether the trial court erred by holding that the Commonwealth had substantially complied with certain requirements of Code §§ 37.2-900 et seq., the Sexually Violent Predator Act ("SVPA"), in its filing of a petition to civilly commit Harry E.”
Com. v. Amerson, 706 S.E.2d 879 (Va. 2011).
· cites it 2× “Pursuant to the Civil Commitment of Sexually Violent Predators Act (SVPA or Act), Code §§ 37.2-900 et seq., the Commonwealth petitioned the Circuit Court for the City of Virginia Beach to civilly commit Mwando Michael Amerson as a sexually violent predator (SVP) following his…”
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