2006 Code of Virginia § 37.2-903 - Treatment plans; database of prisoners convicted of sexually violent offenses; maintained by Depart...
37.2-903. Treatment plans; database of prisoners convicted of sexuallyviolent offenses; maintained by Department of Corrections; notice of pendingrelease to CRC.
A. The Director shall establish and maintain a treatment program forprisoners convicted pursuant to Article 7 ( 18.2-61 et seq.) of Chapter 4 ofTitle 18.2 and committed to the custody of the Department of Corrections.This program shall include a clinical assessment of all such prisoners uponreceipt into the custody of the Department of Corrections and the developmentof appropriate treatment plans, if indicated. This program shall be operatedunder the direction of a licensed psychiatrist or licensed clinicalpsychologist who is experienced in the diagnosis and treatment of mentalabnormalities and disorders associated with criminal sexual offenders.
B. The Director shall establish and maintain a database of each prisoner inhis custody who is (i) incarcerated for a sexually violent offense or (ii)serving or will serve concurrent or consecutive time for another offense inaddition to time for a sexually violent offense. The database shall includethe following information regarding each prisoner: (a) the prisoner'scriminal record and (b) the prisoner's sentences and scheduled date ofrelease. A prisoner who is serving or will serve concurrent or consecutivetime for other offenses in addition to his time for a sexually violentoffense, shall remain in the database until such time as he is released fromthe custody or supervision of the Department of Corrections or VirginiaParole Board for all of his charges. Prior to the initial assessment of aprisoner under subsection C, the Director shall order a national criminalhistory records check to be conducted on the prisoner.
C. Each month, the Director shall review the database and identify all suchprisoners who are scheduled for release from prison within 10 months from thedate of such review who receive a score of five or more on the Static-99 or alike score on a comparable, scientifically validated instrument designated bythe Commissioner, or a score of four on the Static-99 or a like score on acomparable, scientifically validated instrument if the sexually violentoffense mandating the prisoner's evaluation under this section was aviolation of (a) clause (iii) of subsection A of 18.2-61; (b) subdivision A1 of 18.2-67.1; (c) subdivision A 1 of 18.2-67.2; or (d) subdivision A 1of 18.2-67.3 where the victim was under the age of 13 and suffered physicalbodily injury.
D. If the Director and the Commissioner agree that no specific scientificallyvalidated instrument exists to measure the risk assessment of a prisoner, theprisoner may instead be evaluated by a licensed psychiatrist or licensedclinical psychologist for an initial determination of whether or not theprisoner may meet the definition of a sexually violent predator.
E. Upon the identification of such prisoners, the Director shall forwardtheir names, their scheduled dates of release, and copies of their files tothe CRC for assessment.
(1999, cc. 946, 985, 37.1-70.4; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2006, cc. 863, 914.)
