Code of Virginia - Title 37.2 Mental Health, Mental Retardation, And Substance Abuse Services - Chapter 9 Civil Commitment Of Sexually Violent Predators

37.2-900 Definitions
As used in this chapter, unless the context requires a different meaning: "Commissioner" means the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services. ...

37.2-900.1 Office of Sexually Violent Predator Services
There is hereby established within the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Office of Sexually Violent Predator Services for the ...

37.2-901 Rights of prisoners and defendants
In hearings and trials held pursuant to this chapter, prisoners and defendants shall have the following rights: 1. To receive adequate notice of the proceeding. ...

37.2-902 Commitment Review Committee; membership
A. The Director shall establish a Commitment Review Committee (CRC) to screen, evaluate, and make recommendations regarding prisoners in the custody of the Department of ...

37.2-903 Treatment plans; database of prisoners convicted of sexually violent offenses; maintained by Depart...
A. The Director shall establish and maintain a treatment program for prisoners convicted pursuant to Article 7 (§ 18.2-61 et seq.) of Chapter 4 of ...

37.2-904 CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; me...
A. Within 120 days of receiving notice from the Director pursuant to § 37.2-903 regarding a prisoner who is in the database, or from a ...

37.2-905 Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent def...
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 ...

37.2-905.1 Substantial compliance.
The provisions of §§ 37.2-903 and 37.2-904 are procedural and not substantive or jurisdictional. Absent a showing of failure to follow these provisions as a ...

37.2-905.2 Access to records.
Notwithstanding any other provision of law and for the purpose of performing their duties and obligations under this chapter, the Department of Corrections, the Commitment ...

37.2-906 Probable cause hearing
A. Upon the filing of a petition alleging that the respondent is a sexually violent predator, the circuit court shall (i) forthwith order that until ...

37.2-907 Right to assistance of experts; compensation
A. Upon a finding of probable cause the judge shall ascertain if the respondent is requesting expert assistance. If the respondent requests expert assistance and ...

37.2-908 Trial; right to trial by jury; standard of proof; discovery
A. Within 90 days after the completion of the probable cause hearing held pursuant to § 37.2-906, the court shall conduct a trial to determine ...

37.2-909 Placement of committed persons
A. Any person committed pursuant to this chapter shall be placed in the custody of the Department for control, care, and treatment until such time ...

37.2-910 Review of continuation of secure inpatient treatment hearing; procedure and reports; dispositio...
A. The committing court shall conduct a hearing 12 months after the date of commitment to assess each respondent's need for secure inpatient treatment. A ...

37.2-911 Petition for release; hearing; procedures
A. The Commissioner may petition the committing court for conditional or unconditional release of the committed person at any time he believes the committed person's ...

37.2-912 Conditional release; criteria; conditions; reports
A. At any time the court considers the respondent's need for secure inpatient treatment pursuant to this chapter, it shall place the respondent on conditional ...

37.2-913 Emergency custody of conditionally released person; revocation of conditional release
A judicial officer may issue an emergency custody order, upon the sworn petition of any responsible person or upon his own motion, based upon probable ...

37.2-914 Modification or removal of conditions; notice; objections; review
A. The committing court may modify conditions of release or remove conditions placed on release pursuant to § 37.2-912, upon petition of the Department, the ...

37.2-915 Representation of Commonwealth and person subject to commitment; nature of proceedings
The Attorney General shall represent the Commonwealth in all proceedings held pursuant to this chapter. The Attorney General shall receive prior written notice of all ...

37.2-916 Authority of Commissioner; delegation to board; liability
For the purposes of carrying out the duties of this chapter, the Commissioner may appoint an advisory board composed of persons with demonstrated expertise in ...

37.2-917 Escape of persons committed; penalty
Any person committed to the custody of the Commissioner pursuant to this chapter who escapes from custody shall be guilty of a Class 6 felony. ...

37.2-918 Persons on conditional release leaving Commonwealth; penalty
Any person placed on conditional release pursuant to this chapter who leaves the Commonwealth without permission from the court that conditionally released the person shall ...

37.2-919 Postrelease supervision of Department; commission of new criminal offense by person committed to De...
A. If a person committed to the Department of Mental Health, Mental Retardation and Substance Abuse Services, whether in involuntary secure inpatient treatment or on ...

37.2-920 Appeal by Attorney General; emergency custody order
In any case in which the Attorney General successfully appeals the trial court's denial of probable cause, denial of civil commitment or conditional release, or ...