2006 Code of Virginia § 37.2-905 - Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent def...

37.2-905. Review of prisoners convicted of a sexually violent offense;review of unrestorably incompetent defendants charged with sexually violentoffenses; petition for commitment; notice to Department of Corrections orreferring court regarding disposition of review.

A. Upon receipt of a recommendation by the CRC regarding an eligible prisoneror 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 prisoneror defendant and (i) file a petition for the civil commitment of the prisoneror defendant as a sexually violent predator and stating sufficient facts tosupport such allegation or (ii) notify the Director and Commissioner, in thecase of a prisoner, or the referring court and the Commissioner, in the caseof an unrestorably incompetent defendant, that he will not file a petitionfor commitment. Petitions for commitment shall be filed in the circuit courtin which the prisoner was last convicted of a sexually violent offense or inwhich the defendant was deemed unrestorably incompetent and referred forcommitment review pursuant to 19.2-169.3.

B. In determining whether to file a petition to civilly commit a prisonerunder this chapter, the Attorney General shall review (i) the CRCrecommendation and its reasoning; (ii) the results of the mental healthexamination conducted pursuant to 37.2-904; (iii) the prisoner'sinstitutional history and treatment record, if any; (iv) the prisoner'scriminal offense history; and (v) any other factor relevant to thedetermination of whether the prisoner should be civilly committed. Althoughthe Attorney General shall consider the CRC recommendation as part of thereview, the CRC recommendation is not binding upon the Attorney General.

C. In determining whether to file a petition to civilly commit a defendantunder this chapter, the Attorney General shall review (i) the CRCrecommendation and its reasoning, (ii) the defendant's warrant or indictment,(iii) the competency report completed pursuant to 19.2-169.1, (iv) thereport and recommendations prepared by the director of the defendant'streating facility pursuant to 19.2-169.3, (v) the mental health evaluationcompleted pursuant to 37.2-904, (vi) the defendant's criminal offensehistory, (vii) information about the alleged crime, and (viii) any otherfactor relevant to the determination of whether the defendant should becivilly committed.

D. Notwithstanding 19.2-299.1 or any other provision of law, the AttorneyGeneral is authorized to possess, copy, and use presentence reports,postsentence reports, and victim impact statements for all lawful purposes.

E. If the Attorney General decides not to file a petition for the civilcommitment of a prisoner or incompetent defendant, or if a petition is filedbut is dismissed for any reason, and the prisoner or incompetent defendanthas outstanding probation or parole time to serve, the Attorney General andthe Director may share any relevant information with the probation and paroleofficer 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.)