§ 37.2-914. Modification or removal of conditions; notice; objections; review
A. The court that placed the person on conditional release may modify conditions of release or remove conditions placed on release pursuant to § 37.2-912, upon petition of the Department, the supervising parole or probation officer, the Attorney General, or the person on conditional release or upon its own motion based on reports of 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 proceedings held under this chapter in which he is to represent the Commonwealth. The court shall appoint counsel for the person subject to commitment or conditional release pursuant to subsection […]
§ 37.2-909. Placement of committed respondents
A. Any respondent committed pursuant to this chapter shall be placed in the custody of the Department for control, care, and treatment until such time as the respondent’s mental abnormality or personality disorder has so changed that the respondent will not present an undue risk to public safety. The Department shall provide such control, care, […]
§ 37.2-910. Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition
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 hearing for assessment shall be conducted at yearly intervals for five years and at biennial intervals thereafter. The court shall schedule the matter for hearing as soon as possible after […]
§ 37.2-911. Petition for release; hearing; procedures
A. The Commissioner may petition the committing court for conditional release of the committed respondent at any time he believes the committed respondent’s condition has so changed that he is no longer in need of secure inpatient treatment. The Commissioner may petition the committing court for unconditional release of the committed respondent at any time […]
§ 37.2-908. Trial; right to trial by jury; standard of proof; discovery
A. Within 120 days after the completion of the probable cause hearing held pursuant to § 37.2-906, the court shall conduct a trial to determine whether the respondent is a sexually violent predator. A continuance extending the case beyond the 120 days may be granted to either the Attorney General or the respondent upon good […]
§ 37.2-905.2. Access to records
A. 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 Review Committee, the Department, and the Office of the Attorney General are authorized to possess, copy, and use all records, including records under seal, from all state and local […]
§ 37.2-906. Probable cause hearing; procedures
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 a final order is entered in the proceeding, in the case of a prisoner, he remain in the secure custody of the Department of Corrections or, in the case of […]
§ 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 has not employed an expert at his own expense, the judge shall appoint such experts as he deems necessary. However, if the respondent refused to cooperate with the mental health […]
§ 37.2-904. CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation
A. Within 180 days of receiving from the Director the name of a prisoner or defendant who has been assessed by the Director pursuant to § 37.2-903, the CRC shall (i) complete its assessment of the prisoner or defendant for possible commitment pursuant to subsection B and (ii) forward its written recommendation regarding the prisoner […]