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.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 2008–2021 · leading case:
Warrington v. Com., 699 S.E.2d 233 (Va. 2010).
Warrington v. Com., 699 S.E.2d 233 (Va. 2010).
· cites it 8× “On February 13, 2009, the Attorney General filed a petition to commit Warrington as a sexually violent predator pursuant to Code § 37.2-905. Warrington was incarcerated for a conviction of a qualifying sexually violent offense under Code § 37.”
Hood v. Com., 701 S.E.2d 421 (Va. 2010).
· cites it 4× “Stated another way, the issue is whether the statutory provisions that permit the Commonwealth to limit the right of a prisoner subject to the SVPA to present evidence in his defense offend procedural due process because they are based upon conduct of the prisoner that occurred…”
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
· cites it 2× “RELEVANT FACTS AND PROCEEDINGS BELOW The Commonwealth timely filed a petition under Code § 37.2-905 seeking a determination that Jackson was a SVP under the Civil Commitment of Sexually Violent Predators Act, Code §§ 37.”
Ferrara v. Commonwealth (Va. 2021).
· cites it 2× “Code § 37.2-905(A). The next step is a probable cause hearing, where the 5 court is tasked with determining “whether probable cause exists to believe that [the respondent] is a sexually violent predator.”
Commonwealth v. Blaxton, 80 Va. Cir. 408 (Norfolk Cir. Ct. 2010).
· cites it 2× “” Acting within the provisions of Virginia Code § 37.2-905, the Attorney General, on June 13, 2008, filed a petition for the civil commitment of the Respondent as a sexually violent predator (“SVP”).”
Gibson v. Commonwealth (Va. 2014).
“RELEVANT FACTS AND PROCEEDINGS The Commonwealth filed its petition pursuant to Code § 37.2-905 and requested the circuit court to hold that Gibson is a sexually violent predator under Code § 37.”
— Va. Code Ann. § 37.2-905(A) — 2 cases
Hood v. Com., 701 S.E.2d 421 (Va. 2010).
“Stated another way, the issue is whether the statutory provisions that permit the Commonwealth to limit the right of a prisoner subject to the SVPA to present evidence in his defense offend procedural due process because they are based upon conduct of the prisoner that occurred…”
Ferrara v. Commonwealth (Va. 2021).
“Code § 37.2-905(A). The next step is a probable cause hearing, where the 5 court is tasked with determining “whether probable cause exists to believe that [the respondent] is a sexually violent predator.”
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