A. The Director shall establish and maintain a database of each prisoner in his custody who is (i) incarcerated for a sexually violent offense or (ii) serving or will serve concurrent or consecutive time for another offense in addition to time for a sexually violent offense. The database shall include the following information regarding each prisoner: (a) the prisoner's criminal record and (b) the prisoner's sentences and scheduled date of release. A prisoner who is serving or will serve concurrent or consecutive time for other offenses in addition to his time for a sexually violent offense shall remain in the database until such time as he is released from the custody or supervision of the Department of Corrections or Virginia Parole Board for all of his charges. Prior to the initial assessment of a prisoner under subsection B, the Director shall order a national criminal history records check to be conducted on the prisoner.
B. Each month, the Director shall review the database and, using an evidence-based assessment protocol approved by the Director and the Commissioner, shall identify all such prisoners who are scheduled for release from prison within 24 months from the date of such review or have been referred to the Director by the Virginia Parole Board under rules adopted by the Board who appear to meet the definition of a sexually violent predator.
C. The Commissioner shall forward to the Director the records of all defendants who have been charged with a sexually violent offense and found unrestorably incompetent to stand trial, and ordered to be screened pursuant to § 19.2-169.3. The Director, applying the procedure identified in subsection B, shall identify those defendants who shall be referred to the CRC for assessment.
D. Upon the identification of such prisoners and defendants screened pursuant to subsections B and C, the Director shall forward their names, their scheduled dates of release, court orders finding the defendants unrestorably incompetent, and copies of their files to the CRC for assessment.
E. The Commissioner shall report annually by December 1 to the Chairmen of the House Committees on Appropriations and for Courts of Justice, the Senate Committees for Courts of Justice and on Finance and Appropriations, and the Crime Commission on (i) the assessment protocol approved by the Director and the Commissioner to identify prisoners and defendants who appear to meet the definition of a sexually violent predator pursuant to subsections B and C, including the specific screening instrument adopted and the criteria used to determine whether a prisoner or defendant meets the definition of a sexually violent predator and (ii) the number of prisoners screened pursuant to subsection B and the number of prisoners identified as meeting the definition of a sexually violent predator and referred to the CRC for assessment pursuant to subsection D. Such report shall also include a comparison of the number of defendants identified as appearing to meet the definition of a sexually violent predator and referred to the CRC pursuant to subsection C in the previous year and the five years immediately prior thereto.
1999, cc. 946, 985, § 37.1-70.4; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2010, c. 389; 2012, cc. 668, 800; 2018, c. 841.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 2006–2022 · leading case:
Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018).
Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018).
· cites it 15× “2 *293 At a hearing on the motion to dismiss, Giddens and his brother testified that Giddens had lived with two romantic partners, one of whom was his wife, for more than two years each.”
Shelton v. Com., 645 S.E.2d 914 (Va. 2007).
· cites it 15× “Before Shelton's scheduled release from prison, the predecessor version of Code § 37.2-903 provided that prisoners incarcerated for a sexually violent offense were to be assessed and evaluated based on the RRASOR, a testing instrument used in predicting sex offender recidivism.”
Miles v. Commonwealth, 634 S.E.2d 330 (Va. 2006).
· cites it 22× “1 We decide the issue whether a certain numerical test score specified in Code § 37.2-903(C), *332 which identifies an inmate for further review under the Act, is a condition precedent for additional proceedings against that inmate.”
Warrington v. Com., 699 S.E.2d 233 (Va. 2010).
· cites it 13× “Facts and Proceedings Below Pursuant to Code § 37.2-903, Gene M. Johnson, director of the Virginia Department of Corrections, referred Warrington to the Commitment Review Committee ("CRC") on September 3, 2008.”
Com. v. Miller, 643 S.E.2d 208 (Va. 2007).
· cites it 5× “Prior to Miller's release from prison, the predecessor version of Code § 37.2-903 provided that prisoners incarcerated for a sexually violent offense were to be assessed and evaluated based on a testing instrument known as the RRASOR, which is used in predicting sex offender…”
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
· cites it 2× “Madsen testified that Jackson was referred to the CRC pursuant to Code § 37.2-903 because Jackson received a score of four on the Static-99 test and had been convicted of a sexually violent offense as defined in Code § 37.”
Harris v. Com., 688 S.E.2d 279 (Va. 2010).
· cites it 9× “5 [now Code §§ 37.2-903 and -904, respectively] requires that a prisoner must be serving an active sentence for a sexually violent offense as defined by Code § 37.”
Com. v. Wynn, 671 S.E.2d 137 (Va. 2009).
· cites it 2× “2-904(B), when the prisoner's name is forwarded to the Commitment Review Committee pursuant to Code § 37.2-903. Under the SVPA, a psychiatrist or clinical psychologist who satisfies the qualifications set forth in Code §§ 37.”
Miles v. Com., 645 S.E.2d 924 (Va. 2007).
· cites it 2× “At oral argument before this Court, the Commonwealth conceded that, if Miles had initially received a score of three on the RRASOR, the Commonwealth would not have forwarded his name to the Commitment Review Committee pursuant to former Code § 37.2-903(C) and would not have…”
Com. v. Garrett, 667 S.E.2d 739 (Va. 2008).
· cites it 2× “In addition to serving his sentence for the rape conviction, Garrett was serving sentences for other felony convictions.”
Hood v. Com., 701 S.E.2d 421 (Va. 2010).
· cites it 2× “On August 11, 2008, pursuant to Code § 37.2-903, the Director of the Department of Corrections identified Hood as qualifying for assessment under the SVPA to determine whether he should be confined in a mental health facility following the completion of his active sentence.”
Rhoten v. Commonwealth (Va. 2013).
· cites it 10× “Such prisoners must undergo an initial mental health screening to determine whether they “may meet the definition of a sexually violent predator” under the Act.”
— Va. Code Ann. § 37.2-903(A) — 2 cases
Harris v. Com., 688 S.E.2d 279 (Va. 2010).
“5 [now Code §§ 37.2-903 and -904, respectively] requires that a prisoner must be serving an active sentence for a sexually violent offense as defined by Code § 37.”
Rhoten v. Commonwealth (Va. 2013).
“Such prisoners must undergo an initial mental health screening to determine whether they “may meet the definition of a sexually violent predator” under the Act.”
— Va. Code Ann. § 37.2-903(B) — 3 cases
Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018).
“2 *293 At a hearing on the motion to dismiss, Giddens and his brother testified that Giddens had lived with two romantic partners, one of whom was his wife, for more than two years each.”
Com. v. Garrett, 667 S.E.2d 739 (Va. 2008).
“In addition to serving his sentence for the rape conviction, Garrett was serving sentences for other felony convictions.”
Rhoten v. Commonwealth (Va. 2013).
“Such prisoners must undergo an initial mental health screening to determine whether they “may meet the definition of a sexually violent predator” under the Act.”
— Va. Code Ann. § 37.2-903(C) — 5 cases
Miles v. Commonwealth, 634 S.E.2d 330 (Va. 2006).
“1 We decide the issue whether a certain numerical test score specified in Code § 37.2-903(C), *332 which identifies an inmate for further review under the Act, is a condition precedent for additional proceedings against that inmate.”
Shelton v. Com., 645 S.E.2d 914 (Va. 2007).
“Before Shelton's scheduled release from prison, the predecessor version of Code § 37.2-903 provided that prisoners incarcerated for a sexually violent offense were to be assessed and evaluated based on the RRASOR, a testing instrument used in predicting sex offender recidivism.”
Com. v. Miller, 643 S.E.2d 208 (Va. 2007).
“Prior to Miller's release from prison, the predecessor version of Code § 37.2-903 provided that prisoners incarcerated for a sexually violent offense were to be assessed and evaluated based on a testing instrument known as the RRASOR, which is used in predicting sex offender…”
Miles v. Com., 645 S.E.2d 924 (Va. 2007).
“At oral argument before this Court, the Commonwealth conceded that, if Miles had initially received a score of three on the RRASOR, the Commonwealth would not have forwarded his name to the Commitment Review Committee pursuant to former Code § 37.2-903(C) and would not have…”
— Va. Code Ann. § 37.2-903(D) — 1 case
Harris v. Com., 688 S.E.2d 279 (Va. 2010).
“5 [now Code §§ 37.2-903 and -904, respectively] requires that a prisoner must be serving an active sentence for a sexually violent offense as defined by Code § 37.”
— Va. Code Ann. § 37.2-903(E) — 1 case
Rhoten v. Commonwealth (Va. 2013).
“Such prisoners must undergo an initial mental health screening to determine whether they “may meet the definition of a sexually violent predator” under the Act.”
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