2006 Code of Virginia § 37.2-904 - CRC assessment of prisoners or incompetent defendants eligible for commitment as sexually violent p...
37.2-904. CRC assessment of prisoners or incompetent defendants eligiblefor commitment as sexually violent predators; mental health examination;recommendation.
A. Within 90 days of receiving notice from the Director pursuant to 37.2-903 regarding a prisoner who is in the database, or from a courtreferring an incompetent defendant pursuant to 19.2-169.3, the CRC shall(i) complete its assessment of the prisoner or defendant for possiblecommitment pursuant to subsection B and (ii) forward its writtenrecommendation regarding the prisoner to the Attorney General pursuant tosubsection C.
B. CRC assessments of eligible prisoners or incompetent defendants shallinclude a mental health examination, including a personal interview, of theprisoner or incompetent defendant by a licensed psychiatrist or a licensedclinical psychologist who is designated by the Commissioner, skilled in thediagnosis and treatment of mental abnormalities and disorders associated withsex offenders, and not a member of the CRC. If the prisoner's or defendant'sname was forwarded to the CRC based upon an evaluation by a licensedpsychiatrist or licensed clinical psychologist, a different licensedpsychiatrist or licensed clinical psychologist shall perform the examinationfor the CRC. The licensed psychiatrist or licensed clinical psychologistshall determine whether the prisoner or incompetent defendant is a sexuallyviolent predator, as defined in 37.2-900, and forward the results of thisevaluation and any supporting documents to the CRC for its review.
The CRC assessment shall also include:
1. Consideration of the prisoner's score on the Static-99 or a comparable,scientifically validated instrument designated by the Commissioner; and
2. A review of (i) the prisoner's or incompetent defendant's institutionalhistory and treatment record, if any; (ii) his criminal background; and (iii)any other factor that is relevant to the determination of whether he is asexually violent predator.
Notwithstanding 19.2-299.1 or any other provision of law, the CRC isauthorized to possess, copy, and use presentence reports, postsentencereports, and victim impact statements for all lawful purposes.
C. Following the examination and review conducted pursuant to subsection B,the CRC shall recommend that the prisoner or incompetent defendant (i) becommitted as a sexually violent predator pursuant to this chapter; (ii) notbe committed, but be placed in a conditional release program as a lessrestrictive alternative; or (iii) not be committed because he does not meetthe definition of a sexually violent predator. To assist the Attorney Generalin his review, the Department of Corrections, the CRC, and the psychiatristor psychologist who conducts the mental health examination pursuant to thissection shall provide the Attorney General with all evaluation reports,prisoner records, criminal records, medical files, and any otherdocumentation relevant to determining whether a prisoner or incompetentdefendant is a sexually violent predator.
D. Pursuant to clause (ii) of subsection C, the CRC shall recommend that aprisoner or incompetent defendant enter a conditional release program if itfinds that (i) he does not need inpatient treatment, but needs outpatienttreatment and monitoring to prevent his condition from deteriorating to adegree that he would need inpatient treatment; (ii) appropriate outpatientsupervision and treatment are reasonably available; (iii) there issignificant reason to believe that, if conditionally released, he wouldcomply with the conditions specified; and (iv) conditional release will notpresent an undue risk to public safety.
E. Notwithstanding any other provision of law, all state and local courts,clerks, departments, agencies, boards, and commissions shall provide to theCRC all requested records, documents, notes, recordings, or other informationof any kind, including presentence or postsentence reports, victim impactstatements, and child abuse registry records, within 20 days of receivingsuch request.
F. Notwithstanding any other provision of law, any mental health professionalemployed or appointed pursuant to subsection B or 37.2-907 shall bepermitted to copy and possess any presentence or postsentence reports andvictim impact statements for use in examinations, creating reports, andtestifying in any proceedings pursuant to this article. However, at theconclusion of the examiner's testimony or service in such proceedings, theexaminer shall return all presentence reports, postsentence reports andvictim impact statements to the Office of the Attorney General.
G. Any mental health professional appointed or employed pursuant tosubsection B or 37.2-907 shall be permitted to testify at the probablecause hearing and at the trial as to his diagnosis, his opinion as to whetherthe prisoner or incompetent defendant meets the definition of a sexuallyviolent predator, his recommendation as to treatment and his reasoningtherefor. Such opinion shall not be dispositive of whether the person is asexually violent predator.
H. If the CRC deems it necessary to have the services of additional expertsin order to complete its review of the prisoner, the Commissioner shallappoint such qualified experts as are needed.
(1999, cc. 946, 985, 37.1-70.5; 2001, c. 776; 2003, cc. 989, 1018; 2004, c.764; 2005, cc. 716, 914; 2006, cc. 863, 914.)
