Va. Code » Title 37.2. Behavioral Health and Developmental Services » Subtitle III. Admissions and Dispositions » Chapter 9. Civil Commitment of Sexually Violent Predators
Virginia Code

Va. Code Ann. § 37.2-905.1 (2026)

Substantial compliance

✓ current as of May 2026
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The provisions of §§ 37.2-903, 37.2-904, and 37.2-905 are procedural and not substantive or jurisdictional. Absent a showing of failure to follow these provisions as a result of gross negligence or willful misconduct, it shall be presumed that there has been substantial compliance with these provisions.

2007, c. 876; 2009, c. 740.

Notes of Decisions
Cited in 4 cases, 2007–2018 · leading case: Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018).
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Commonwealth v. Giddens, 816 S.E.2d 290 (Va. 2018). · cites it 18× “The Commonwealth argues that the trial court misapplied the relevant statute, Code § 37.2-905.1, and, moreover, that the evidence does not support dismissal.”
Warrington v. Com., 699 S.E.2d 233 (Va. 2010). · cites it 6× “Finally, Code § 37.2-905.1 states: The provisions of §§ 37.”
Shelton v. Com., 645 S.E.2d 914 (Va. 2007). · cites it 2× “Among those amendments is the addition of Code § 37.2-905.1, which states that the provisions of Code § 37.”
Harris v. Com., 688 S.E.2d 279 (Va. 2010). · cites it 2× “Absent a showing of failure to follow these provisions as a result of gross negligence or willful misconduct, it shall be presumed that there has been substantial compliance with these provisions.”
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