{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-903.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-903.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-903.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-903.html"}],"law_id":63502,"edition_id":1,"section_id":63502,"structure_id":13185,"section_number":"37.2-903","catch_line":"Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC","history":"1999, cc. 946, 985, \u00a7 37.1-70.4; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2010, c. 389; 2012, cc. 668, 800; 2018, c. 841.","full_text":"A\n\nThe Director shall establish and maintain a database of each prisoner in his custody who is (i) incarcerated for a sexually violent offense or (ii) serving or will serve concurrent or consecutive time for another offense in addition to time for a sexually violent offense. The database shall include the following information regarding each prisoner: (a) the prisoner&#8217;s criminal record and (b) the prisoner&#8217;s sentences and scheduled date of release. A prisoner who is serving or will serve concurrent or consecutive time for other offenses in addition to his time for a sexually violent offense shall remain in the database until such time as he is released from the custody or supervision of the Department of Corrections or Virginia Parole Board for all of his charges. Prior to the initial assessment of a prisoner under subsection B, the Director shall order a national criminal history records check to be conducted on the prisoner.B\n\nEach month, the Director shall review the database and, using an evidence-based assessment protocol approved by the Director and the Commissioner, shall identify all such prisoners who are scheduled for release from prison within 24 months from the date of such review or have been referred to the Director by the Virginia Parole Board under rules adopted by the Board who appear to meet the definition of a sexually violent predator.C\n\nThe Commissioner shall forward to the Director the records of all defendants who have been charged with a sexually violent offense and found unrestorably incompetent to stand trial, and ordered to be screened pursuant to &#xA7; 19.2-169.3. The Director, applying the procedure identified in subsection B, shall identify those defendants who shall be referred to the CRC for assessment.D\n\nUpon the identification of such prisoners and defendants screened pursuant to subsections B and C, the Director shall forward their names, their scheduled dates of release, court orders finding the defendants unrestorably incompetent, and copies of their files to the CRC for assessment.E\n\nThe Commissioner shall report annually by December 1 to the Chairmen of the House Committees on Appropriations and for Courts of Justice, the Senate Committees for Courts of Justice and on Finance and Appropriations, and the Crime Commission on (i) the assessment protocol approved by the Director and the Commissioner to identify prisoners and defendants who appear to meet the definition of a sexually violent predator pursuant to subsections B and C, including the specific screening instrument adopted and the criteria used to determine whether a prisoner or defendant meets the definition of a sexually violent predator and (ii) the number of prisoners screened pursuant to subsection B and the number of prisoners identified as meeting the definition of a sexually violent predator and referred to the CRC for assessment pursuant to subsection D. Such report shall also include a comparison of the number of defendants identified as appearing to meet the definition of a sexually violent predator and referred to the CRC pursuant to subsection C in the previous year and the five years immediately prior thereto.","order_by":null,"text":{"0":{"id":231343,"text":"The Director shall establish and maintain a database of each prisoner in his custody who is (i) incarcerated for a sexually violent offense or (ii) serving or will serve concurrent or consecutive time for another offense in addition to time for a sexually violent offense. The database shall include the following information regarding each prisoner: (a) the prisoner&#8217;s criminal record and (b) the prisoner&#8217;s sentences and scheduled date of release. A prisoner who is serving or will serve concurrent or consecutive time for other offenses in addition to his time for a sexually violent offense shall remain in the database until such time as he is released from the custody or supervision of the Department of Corrections or Virginia Parole Board for all of his charges. Prior to the initial assessment of a prisoner under subsection B, the Director shall order a national criminal history records check to be conducted on the prisoner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":231344,"text":"Each month, the Director shall review the database and, using an evidence-based assessment protocol approved by the Director and the Commissioner, shall identify all such prisoners who are scheduled for release from prison within 24 months from the date of such review or have been referred to the Director by the Virginia Parole Board under rules adopted by the Board who appear to meet the definition of a sexually violent predator.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":231345,"text":"The Commissioner shall forward to the Director the records of all defendants who have been charged with a sexually violent offense and found unrestorably incompetent to stand trial, and ordered to be screened pursuant to &#xA7; 19.2-169.3. The Director, applying the procedure identified in subsection B, shall identify those defendants who shall be referred to the CRC for assessment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":231346,"text":"Upon the identification of such prisoners and defendants screened pursuant to subsections B and C, the Director shall forward their names, their scheduled dates of release, court orders finding the defendants unrestorably incompetent, and copies of their files to the CRC for assessment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":231347,"text":"The Commissioner shall report annually by December 1 to the Chairmen of the House Committees on Appropriations and for Courts of Justice, the Senate Committees for Courts of Justice and on Finance and Appropriations, and the Crime Commission on (i) the assessment protocol approved by the Director and the Commissioner to identify prisoners and defendants who appear to meet the definition of a sexually violent predator pursuant to subsections B and C, including the specific screening instrument adopted and the criteria used to determine whether a prisoner or defendant meets the definition of a sexually violent predator and (ii) the number of prisoners screened pursuant to subsection B and the number of prisoners identified as meeting the definition of a sexually violent predator and referred to the CRC for assessment pursuant to subsection D. Such report shall also include a comparison of the number of defendants identified as appearing to meet the definition of a sexually violent predator and referred to the CRC pursuant to subsection C in the previous year and the five years immediately prior thereto.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13185,"edition_id":1,"name":"Civil Commitment of Sexually Violent Predators","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":210503,"object_type":"structure","relational_id":13185,"identifier":"9","token":"37.2\/III\/9","url":"\/37.2\/III\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":55224,"structure_id":13185,"section_number":"37.2-900","catch_line":"Definitions","url":"\/37.2-900\/","token":"37.2\/III\/9\/37.2-900","metadata":false},{"id":55933,"structure_id":13185,"section_number":"37.2-900.1","catch_line":"Office of Sexually Violent Predator Services","url":"\/37.2-900.1\/","token":"37.2\/III\/9\/37.2-900.1","metadata":false},{"id":59056,"structure_id":13185,"section_number":"37.2-901","catch_line":"Civil proceeding; rights of respondents; discovery","url":"\/37.2-901\/","token":"37.2\/III\/9\/37.2-901","metadata":false},{"id":82519,"structure_id":13185,"section_number":"37.2-902","catch_line":"Commitment Review Committee; membership","url":"\/37.2-902\/","token":"37.2\/III\/9\/37.2-902","metadata":false},{"id":63502,"structure_id":13185,"section_number":"37.2-903","catch_line":"Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC","url":"\/37.2-903\/","token":"37.2\/III\/9\/37.2-903","metadata":false},{"id":59630,"structure_id":13185,"section_number":"37.2-904","catch_line":"CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation","url":"\/37.2-904\/","token":"37.2\/III\/9\/37.2-904","metadata":false},{"id":61154,"structure_id":13185,"section_number":"37.2-905","catch_line":"Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding disposition of review","url":"\/37.2-905\/","token":"37.2\/III\/9\/37.2-905","metadata":false},{"id":60446,"structure_id":13185,"section_number":"37.2-905.1","catch_line":"Substantial compliance","url":"\/37.2-905.1\/","token":"37.2\/III\/9\/37.2-905.1","metadata":false},{"id":81383,"structure_id":13185,"section_number":"37.2-905.2","catch_line":"Access to records","url":"\/37.2-905.2\/","token":"37.2\/III\/9\/37.2-905.2","metadata":false},{"id":87039,"structure_id":13185,"section_number":"37.2-906","catch_line":"Probable cause hearing; procedures","url":"\/37.2-906\/","token":"37.2\/III\/9\/37.2-906","metadata":false},{"id":64395,"structure_id":13185,"section_number":"37.2-907","catch_line":"Right to assistance of experts; compensation","url":"\/37.2-907\/","token":"37.2\/III\/9\/37.2-907","metadata":false},{"id":73700,"structure_id":13185,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","url":"\/37.2-908\/","token":"37.2\/III\/9\/37.2-908","metadata":false},{"id":71603,"structure_id":13185,"section_number":"37.2-909","catch_line":"Placement of committed respondents","url":"\/37.2-909\/","token":"37.2\/III\/9\/37.2-909","metadata":false},{"id":57455,"structure_id":13185,"section_number":"37.2-910","catch_line":"Review of continuation of secure inpatient treatment hearing; procedure and reports; disposition","url":"\/37.2-910\/","token":"37.2\/III\/9\/37.2-910","metadata":false},{"id":67428,"structure_id":13185,"section_number":"37.2-911","catch_line":"Petition for release; hearing; procedures","url":"\/37.2-911\/","token":"37.2\/III\/9\/37.2-911","metadata":false},{"id":74310,"structure_id":13185,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","url":"\/37.2-912\/","token":"37.2\/III\/9\/37.2-912","metadata":false},{"id":80606,"structure_id":13185,"section_number":"37.2-913","catch_line":"Emergency custody of conditionally released respondents; revocation of conditional release","url":"\/37.2-913\/","token":"37.2\/III\/9\/37.2-913","metadata":false},{"id":86508,"structure_id":13185,"section_number":"37.2-914","catch_line":"Modification or removal of conditions; notice; objections; review","url":"\/37.2-914\/","token":"37.2\/III\/9\/37.2-914","metadata":false},{"id":81420,"structure_id":13185,"section_number":"37.2-915","catch_line":"Representation of Commonwealth and person subject to commitment; nature of proceedings","url":"\/37.2-915\/","token":"37.2\/III\/9\/37.2-915","metadata":false},{"id":69080,"structure_id":13185,"section_number":"37.2-916","catch_line":"Authority of Commissioner; delegation to board; liability","url":"\/37.2-916\/","token":"37.2\/III\/9\/37.2-916","metadata":false},{"id":73119,"structure_id":13185,"section_number":"37.2-917","catch_line":"Escape of persons committed; penalty","url":"\/37.2-917\/","token":"37.2\/III\/9\/37.2-917","metadata":false},{"id":78434,"structure_id":13185,"section_number":"37.2-918","catch_line":"Persons on conditional release leaving Commonwealth; penalty","url":"\/37.2-918\/","token":"37.2\/III\/9\/37.2-918","metadata":false},{"id":74047,"structure_id":13185,"section_number":"37.2-919","catch_line":"Postrelease supervision of Department; commission of new criminal offense by person committed to Department","url":"\/37.2-919\/","token":"37.2\/III\/9\/37.2-919","metadata":false},{"id":54199,"structure_id":13185,"section_number":"37.2-920","catch_line":"Appeal by Attorney General; emergency custody order","url":"\/37.2-920\/","token":"37.2\/III\/9\/37.2-920","metadata":false},{"id":79122,"structure_id":13185,"section_number":"37.2-921","catch_line":"Department to give notice of Sex Offender and Crimes Against Minors Registry requirements to certain persons","url":"\/37.2-921\/","token":"37.2\/III\/9\/37.2-921","metadata":false}],"previous_section":{"id":82519,"structure_id":13185,"section_number":"37.2-902","catch_line":"Commitment Review Committee; membership","url":"\/37.2-902\/","token":"37.2\/III\/9\/37.2-902","metadata":false},"next_section":{"id":59630,"structure_id":13185,"section_number":"37.2-904","catch_line":"CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation","url":"\/37.2-904\/","token":"37.2\/III\/9\/37.2-904","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-903\/","history_text":"<p>This law was first created in 1999. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0946\">946<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0985\">985<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0776\">776<\/a>; in 2003, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0989\">989<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP1018\">1018<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0914\">914<\/a>; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0863\">863<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0914\">914<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0876\">876<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0740\">740<\/a>; in 2010, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0389\">389<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0668\">668<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0800\">800<\/a>; in 2018, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0841\">841<\/a>.<\/p>","references":[{"id":80703,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":59630,"section_number":"37.2-904","catch_line":"CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation","order_by":null,"url":"\/37.2-904\/"},{"id":60446,"section_number":"37.2-905.1","catch_line":"Substantial compliance","order_by":null,"url":"\/37.2-905.1\/"}],"refers_to":[{"id":80703,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"}],"permalink":{"id":210521,"object_type":"law","relational_id":63502,"identifier":"37.2-903","token":"37.2\/III\/9\/37.2-903","url":"\/37.2-903\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-903\/","token":"37.2\/III\/9\/37.2-903","dublin_core":{"Title":"Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-903","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Director<\/span> shall establish and maintain a database of each prisoner in his <span class=\"dictionary\">custody<\/span> who is (i) incarcerated for a <span class=\"dictionary\">sexually violent offense<\/span> or (ii) serving or will serve concurrent or consecutive time for another offense in addition to time for a <span class=\"dictionary\">sexually violent offense<\/span>. The database shall include the following information regarding each prisoner: (a) the prisoner&#8217;s criminal record and (b) the prisoner&#8217;s sentences and scheduled date of release. A prisoner who is serving or will serve concurrent or consecutive time for other <span class=\"dictionary\">offenses<\/span> in addition to his time for a <span class=\"dictionary\">sexually violent offense<\/span> shall remain in the database until such time as he is released from the <span class=\"dictionary\">custody<\/span> or supervision of the <span class=\"dictionary\">Department<\/span> of Corrections or Virginia <span class=\"dictionary\">Parole<\/span> <span class=\"dictionary\">Board<\/span> for all of his charges. Prior to the initial assessment of a prisoner under subsection B, the <span class=\"dictionary\">Director<\/span> shall <span class=\"dictionary\">order<\/span> a national criminal history records check to be conducted on the prisoner. <a id=\"paragraph-231343\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-903\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Each month, the <span class=\"dictionary\">Director<\/span> shall review the database and, using an <span class=\"dictionary\">evidence<\/span>-based assessment protocol approved by the <span class=\"dictionary\">Director<\/span> and the <span class=\"dictionary\">Commissioner<\/span>, shall identify all such prisoners who are scheduled for release from prison within 24 months from the date of such review or have been referred to the <span class=\"dictionary\">Director<\/span> by the Virginia <span class=\"dictionary\">Parole<\/span> <span class=\"dictionary\">Board<\/span> under rules adopted by the <span class=\"dictionary\">Board<\/span> who appear to meet the definition of a <span class=\"dictionary\">sexually violent predator<\/span>. <a id=\"paragraph-231344\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-903\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The <span class=\"dictionary\">Commissioner<\/span> shall forward to the <span class=\"dictionary\">Director<\/span> the records of all <span class=\"dictionary\">defendants<\/span> who have been charged with a <span class=\"dictionary\">sexually violent offense<\/span> and found unrestorably incompetent to stand <span class=\"dictionary\">trial<\/span>, and ordered to be screened pursuant to &#xA7; <a class=\"law\" title=\"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge\" href=\"\/19.2-169.3\/\">19.2-169.3<\/a>. The <span class=\"dictionary\">Director<\/span>, applying the procedure identified in subsection B, shall identify those <span class=\"dictionary\">defendants<\/span> who shall be referred to the CRC for assessment. <a id=\"paragraph-231345\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-903\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Upon the identification of such prisoners and <span class=\"dictionary\">defendants<\/span> screened pursuant to subsections B and C, the <span class=\"dictionary\">Director<\/span> shall forward their names, their scheduled dates of release, <span class=\"dictionary\">court orders<\/span> <span class=\"dictionary\">finding<\/span> the <span class=\"dictionary\">defendants<\/span> unrestorably incompetent, and copies of their files to the CRC for assessment. <a id=\"paragraph-231346\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-903\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The <span class=\"dictionary\">Commissioner<\/span> shall report annually by December 1 to the Chairmen of the House Committees on Appropriations and for <span class=\"dictionary\">Courts<\/span> of Justice, the Senate Committees for <span class=\"dictionary\">Courts<\/span> of Justice and on Finance and Appropriations, and the <span class=\"dictionary\">Crime<\/span> Commission on (i) the assessment protocol approved by the <span class=\"dictionary\">Director<\/span> and the <span class=\"dictionary\">Commissioner<\/span> to identify prisoners and <span class=\"dictionary\">defendants<\/span> who appear to meet the definition of a <span class=\"dictionary\">sexually violent predator<\/span> pursuant to subsections B and C, including the specific screening instrument adopted and the criteria used to determine whether a prisoner or <span class=\"dictionary\">defendant<\/span> meets the definition of a <span class=\"dictionary\">sexually violent predator<\/span> and (ii) the number of prisoners screened pursuant to subsection B and the number of prisoners identified as meeting the definition of a <span class=\"dictionary\">sexually violent predator<\/span> and referred to the CRC for assessment pursuant to subsection D. Such report shall also include a comparison of the number of <span class=\"dictionary\">defendants<\/span> identified as appearing to meet the definition of a <span class=\"dictionary\">sexually violent predator<\/span> and referred to the CRC pursuant to subsection C in the previous year and the five years immediately prior thereto. <a id=\"paragraph-231347\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/37.2-903\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDATABASE OF PRISONERS CONVICTED OF SEXUALLY VIOLENT OFFENSES; MAINTAINED BY\nDEPARTMENT OF CORRECTIONS; NOTICE OF PENDING RELEASE TO CRC (\u00a7 37.2-903)\n\nA. The Director shall establish and maintain a database of each prisoner in his\ncustody who is (i) incarcerated for a sexually violent offense or (ii) serving\nor will serve concurrent or consecutive time for another offense in addition to\ntime for a sexually violent offense. The database shall include the following\ninformation regarding each prisoner: (a) the prisoner&#8217;s criminal record\nand (b) the prisoner&#8217;s sentences and scheduled date of release. A prisoner\nwho is serving or will serve concurrent or consecutive time for other offenses\nin addition to his time for a sexually violent offense shall remain in the\ndatabase until such time as he is released from the custody or supervision of\nthe Department of Corrections or Virginia Parole Board for all of his charges.\nPrior to the initial assessment of a prisoner under subsection B, the Director\nshall order a national criminal history records check to be conducted on the\nprisoner.\n\nB. Each month, the Director shall review the database and, using an\nevidence-based assessment protocol approved by the Director and the\nCommissioner, shall identify all such prisoners who are scheduled for release\nfrom prison within 24 months from the date of such review or have been referred\nto the Director by the Virginia Parole Board under rules adopted by the Board\nwho appear to meet the definition of a sexually violent predator.\n\nC. The Commissioner shall forward to the Director the records of all defendants\nwho have been charged with a sexually violent offense and found unrestorably\nincompetent to stand trial, and ordered to be screened pursuant to &#xA7;\n19.2-169.3. The Director, applying the procedure identified in subsection B,\nshall identify those defendants who shall be referred to the CRC for assessment.\n\nD. Upon the identification of such prisoners and defendants screened pursuant to\nsubsections B and C, the Director shall forward their names, their scheduled\ndates of release, court orders finding the defendants unrestorably incompetent,\nand copies of their files to the CRC for assessment.\n\nE. The Commissioner shall report annually by December 1 to the Chairmen of the\nHouse Committees on Appropriations and for Courts of Justice, the Senate\nCommittees for Courts of Justice and on Finance and Appropriations, and the\nCrime Commission on (i) the assessment protocol approved by the Director and the\nCommissioner to identify prisoners and defendants who appear to meet the\ndefinition of a sexually violent predator pursuant to subsections B and C,\nincluding the specific screening instrument adopted and the criteria used to\ndetermine whether a prisoner or defendant meets the definition of a sexually\nviolent predator and (ii) the number of prisoners screened pursuant to\nsubsection B and the number of prisoners identified as meeting the definition of\na sexually violent predator and referred to the CRC for assessment pursuant to\nsubsection D. Such report shall also include a comparison of the number of\ndefendants identified as appearing to meet the definition of a sexually violent\npredator and referred to the CRC pursuant to subsection C in the previous year\nand the five years immediately prior thereto.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.4; 2001, c. 776; 2003, cc. 989, 1018;\n2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2010, c.\n389; 2012, cc. 668, 800; 2018, c. 841.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}