{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-904.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-904.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-904.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-904.html"}],"law_id":59630,"edition_id":1,"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","history":"1999, cc. 946, 985, \u00a7 37.1-70.5; 2001, c. 776; 2003, cc. 989, 1018; 2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2011, c. 42; 2012, cc. 668, 800.","full_text":"A\n\nWithin 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 or defendant to the Attorney General pursuant to subsection C.B\n\nCRC assessments of eligible prisoners or defendants shall include a mental health examination, including a personal interview, of the prisoner or defendant by a licensed psychiatrist or a licensed clinical psychologist who is designated by the Commissioner, skilled in the diagnosis and risk assessment of sex offenders, knowledgeable about the treatment of sex offenders, and not a member of the CRC. If the prisoner’s or defendant’s name was forwarded to the CRC based upon an evaluation by a licensed psychiatrist or licensed clinical psychologist, a different licensed psychiatrist or licensed clinical psychologist shall perform the examination for the CRC. The licensed psychiatrist or licensed clinical psychologist shall determine whether the prisoner or defendant is a sexually violent predator, as defined in § 37.2-900, and forward the results of this evaluation and any supporting documents to the CRC for its review.\n\t\t\tThe CRC assessment may be based on:\n\t\t\tAn actuarial evaluation, clinical evaluation, or any other information or evaluation determined by the CRC to be relevant, including but not limited to a review of (i) the prisoner’s or defendant’s institutional history and treatment record, if any; (ii) his criminal background; and (iii) any other factor that is relevant to the determination of whether he is a sexually violent predator.C\n\nFollowing the examination and review conducted pursuant to subsection B, the CRC shall recommend that the prisoner or defendant (i) be committed as a sexually violent predator pursuant to this chapter; (ii) not be committed, but be placed in a conditional release program as a less restrictive alternative; or (iii) not be committed because he does not meet the definition of a sexually violent predator. To assist the Attorney General in his review, the Department of Corrections, the CRC, and the psychiatrist or psychologist who conducts the mental health examination pursuant to this section shall provide the Attorney General with all evaluation reports, prisoner records, criminal records, medical files, and any other documentation relevant to determining whether a prisoner or defendant is a sexually violent predator.D\n\nPursuant to clause (ii) of subsection C, the CRC may recommend that a prisoner or defendant enter a conditional release program if it finds that (i) he does not need inpatient treatment, but needs outpatient treatment and monitoring to prevent his condition from deteriorating to a degree that he would need inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that, if conditionally released, he would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety.E\n\nNotwithstanding any other provision of law, any mental health professional employed or appointed pursuant to subsection B or § 37.2-907 shall be permitted to copy and possess any presentence or postsentence reports and victim impact statements. The mental health professional shall not disseminate the contents of the reports or the actual reports to any person or entity and shall only utilize the reports for use in examinations, creating reports, and testifying in any proceedings pursuant to this article.F\n\nIf the CRC deems it necessary to have the services of additional experts in order to complete its review of the prisoner or defendant, the Commissioner shall appoint such qualified experts as are needed.","order_by":null,"text":{"0":{"id":218392,"text":"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 or defendant to the Attorney General pursuant to subsection C.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218393,"text":"CRC assessments of eligible prisoners or defendants shall include a mental health examination, including a personal interview, of the prisoner or defendant by a licensed psychiatrist or a licensed clinical psychologist who is designated by the Commissioner, skilled in the diagnosis and risk assessment of sex offenders, knowledgeable about the treatment of sex offenders, and not a member of the CRC. If the prisoner’s or defendant’s name was forwarded to the CRC based upon an evaluation by a licensed psychiatrist or licensed clinical psychologist, a different licensed psychiatrist or licensed clinical psychologist shall perform the examination for the CRC. The licensed psychiatrist or licensed clinical psychologist shall determine whether the prisoner or defendant is a sexually violent predator, as defined in § 37.2-900, and forward the results of this evaluation and any supporting documents to the CRC for its review.\n\t\t\tThe CRC assessment may be based on:\n\t\t\tAn actuarial evaluation, clinical evaluation, or any other information or evaluation determined by the CRC to be relevant, including but not limited to a review of (i) the prisoner’s or defendant’s institutional history and treatment record, if any; (ii) his criminal background; and (iii) any other factor that is relevant to the determination of whether he is 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":218394,"text":"Following the examination and review conducted pursuant to subsection B, the CRC shall recommend that the prisoner or defendant (i) be committed as a sexually violent predator pursuant to this chapter; (ii) not be committed, but be placed in a conditional release program as a less restrictive alternative; or (iii) not be committed because he does not meet the definition of a sexually violent predator. To assist the Attorney General in his review, the Department of Corrections, the CRC, and the psychiatrist or psychologist who conducts the mental health examination pursuant to this section shall provide the Attorney General with all evaluation reports, prisoner records, criminal records, medical files, and any other documentation relevant to determining whether a prisoner or defendant is a sexually violent predator.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":218395,"text":"Pursuant to clause (ii) of subsection C, the CRC may recommend that a prisoner or defendant enter a conditional release program if it finds that (i) he does not need inpatient treatment, but needs outpatient treatment and monitoring to prevent his condition from deteriorating to a degree that he would need inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that, if conditionally released, he would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":218396,"text":"Notwithstanding any other provision of law, any mental health professional employed or appointed pursuant to subsection B or § 37.2-907 shall be permitted to copy and possess any presentence or postsentence reports and victim impact statements. The mental health professional shall not disseminate the contents of the reports or the actual reports to any person or entity and shall only utilize the reports for use in examinations, creating reports, and testifying in any proceedings pursuant to this article.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":218397,"text":"If the CRC deems it necessary to have the services of additional experts in order to complete its review of the prisoner or defendant, the Commissioner shall appoint such qualified experts as are needed.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-904\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapters 946<\/a> and 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 776<\/a>; in 2003, chapters 989<\/a> and 1018<\/a>; in 2004, chapter 764<\/a>; in 2005, chapters 716<\/a> and 914<\/a>; in 2006, chapters 863<\/a> and 914<\/a>; in 2007, chapter 876<\/a>; in 2009, chapter 740<\/a>; in 2011, chapter 42<\/a>; in 2012, chapters 668<\/a> and 800<\/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":82519,"section_number":"37.2-902","catch_line":"Commitment Review Committee; membership","order_by":null,"url":"\/37.2-902\/"},{"id":60446,"section_number":"37.2-905.1","catch_line":"Substantial compliance","order_by":null,"url":"\/37.2-905.1\/"},{"id":87039,"section_number":"37.2-906","catch_line":"Probable cause hearing; procedures","order_by":null,"url":"\/37.2-906\/"},{"id":64395,"section_number":"37.2-907","catch_line":"Right to assistance of experts; compensation","order_by":null,"url":"\/37.2-907\/"},{"id":73700,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","order_by":null,"url":"\/37.2-908\/"},{"id":71603,"section_number":"37.2-909","catch_line":"Placement of committed respondents","order_by":null,"url":"\/37.2-909\/"}],"refers_to":[{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":63502,"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","order_by":null,"url":"\/37.2-903\/"},{"id":64395,"section_number":"37.2-907","catch_line":"Right to assistance of experts; compensation","order_by":null,"url":"\/37.2-907\/"}],"permalink":{"id":210525,"object_type":"law","relational_id":59630,"identifier":"37.2-904","token":"37.2\/III\/9\/37.2-904","url":"\/37.2-904\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-904\/","token":"37.2\/III\/9\/37.2-904","dublin_core":{"Title":"CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-904","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within 180 days of receiving from the Director<\/span> the name of a prisoner or defendant<\/span> who has been assessed by the Director<\/span> pursuant to § 37.2-903<\/a>, the CRC shall (i) complete its assessment of the prisoner or defendant<\/span> for possible commitment pursuant to subsection B and (ii) forward its written recommendation regarding the prisoner or defendant<\/span> to the Attorney General<\/span> pursuant to subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> CRC assessments of eligible prisoners or defendants<\/span> shall include a mental health examination, including a personal interview, of the prisoner or defendant<\/span> by a licensed psychiatrist or a licensed clinical psychologist who is designated by the Commissioner<\/span>, skilled in the diagnosis and risk assessment of sex offenders, knowledgeable about the treatment of sex offenders, and not a member of the CRC. If the prisoner’s or defendant<\/span>’s name was forwarded to the CRC based upon an evaluation by a licensed psychiatrist or licensed clinical psychologist, a different licensed psychiatrist or licensed clinical psychologist shall perform the examination for the CRC. The licensed psychiatrist or licensed clinical psychologist shall determine whether the prisoner or defendant<\/span> is a sexually violent predator<\/span>, as defined in § 37.2-900<\/a>, and forward the results of this evaluation and any supporting documents to the CRC for its review.\n\t\t\tThe CRC assessment may be based on:\n\t\t\tAn actuarial evaluation, clinical evaluation, or any other information or evaluation determined by the CRC to be relevant, including but not limited to a review of (i) the prisoner’s or defendant<\/span>’s institutional history and treatment record, if any; (ii) his criminal background; and (iii) any other factor that is relevant to the determination of whether he is a sexually violent predator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Following the examination and review conducted pursuant to subsection B, the CRC shall recommend that the prisoner or defendant<\/span> (i) be committed as a sexually violent predator<\/span> pursuant to this chapter; (ii) not be committed, but be placed in a conditional release program as a less restrictive alternative; or (iii) not be committed because he does not meet the definition of a sexually violent predator<\/span>. To assist the Attorney General<\/span> in his review, the Department<\/span> of Corrections, the CRC, and the psychiatrist or psychologist who conducts the mental health examination pursuant to this section shall provide the Attorney General<\/span> with all evaluation reports, prisoner records, criminal records, medical files, and any other documentation relevant to determining whether a prisoner or defendant<\/span> is a sexually violent predator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Pursuant to clause (ii) of subsection C, the CRC may recommend that a prisoner or defendant<\/span> enter a conditional release program if it finds that (i) he does not need inpatient treatment, but needs outpatient treatment and monitoring to prevent his condition from deteriorating to a degree that he would need inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that, if conditionally released, he would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span>, any mental health professional employed or appointed pursuant to subsection B or § 37.2-907<\/a> shall be permitted to copy and possess any presentence or postsentence reports and victim impact statements. The mental health professional shall not disseminate the contents of the reports or the actual reports to any person or entity and shall only utilize the reports for use in examinations, creating reports, and testifying in any proceedings pursuant to this article. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the CRC deems it necessary to have the services of additional experts in order<\/span> to complete its review of the prisoner or defendant<\/span>, the Commissioner<\/span> shall appoint such qualified experts as are needed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRC ASSESSMENT OF PRISONERS OR DEFENDANTS ELIGIBLE FOR COMMITMENT AS SEXUALLY\nVIOLENT PREDATORS; MENTAL HEALTH EXAMINATION; RECOMMENDATION (\u00a7 37.2-904)\n\nA. Within 180 days of receiving from the Director the name of a prisoner or\ndefendant who has been assessed by the Director pursuant to § 37.2-903, the\nCRC shall (i) complete its assessment of the prisoner or defendant for possible\ncommitment pursuant to subsection B and (ii) forward its written recommendation\nregarding the prisoner or defendant to the Attorney General pursuant to\nsubsection C.\n\nB. CRC assessments of eligible prisoners or defendants shall include a mental\nhealth examination, including a personal interview, of the prisoner or defendant\nby a licensed psychiatrist or a licensed clinical psychologist who is designated\nby the Commissioner, skilled in the diagnosis and risk assessment of sex\noffenders, knowledgeable about the treatment of sex offenders, and not a member\nof the CRC. If the prisoner’s or defendant’s name was forwarded to\nthe CRC based upon an evaluation by a licensed psychiatrist or licensed clinical\npsychologist, a different licensed psychiatrist or licensed clinical\npsychologist shall perform the examination for the CRC. The licensed\npsychiatrist or licensed clinical psychologist shall determine whether the\nprisoner or defendant is a sexually violent predator, as defined in §\n37.2-900, and forward the results of this evaluation and any supporting\ndocuments to the CRC for its review.\n\t\t\tThe CRC assessment may be based on:\n\t\t\tAn actuarial evaluation, clinical evaluation, or any other information or\nevaluation determined by the CRC to be relevant, including but not limited to a\nreview of (i) the prisoner’s or defendant’s institutional history\nand treatment record, if any; (ii) his criminal background; and (iii) any other\nfactor that is relevant to the determination of whether he is a sexually violent\npredator.\n\nC. Following the examination and review conducted pursuant to subsection B, the\nCRC shall recommend that the prisoner or defendant (i) be committed as a\nsexually violent predator pursuant to this chapter; (ii) not be committed, but\nbe placed in a conditional release program as a less restrictive alternative; or\n(iii) not be committed because he does not meet the definition of a sexually\nviolent predator. To assist the Attorney General in his review, the Department\nof Corrections, the CRC, and the psychiatrist or psychologist who conducts the\nmental health examination pursuant to this section shall provide the Attorney\nGeneral with all evaluation reports, prisoner records, criminal records, medical\nfiles, and any other documentation relevant to determining whether a prisoner or\ndefendant is a sexually violent predator.\n\nD. Pursuant to clause (ii) of subsection C, the CRC may recommend that a\nprisoner or defendant enter a conditional release program if it finds that (i)\nhe does not need inpatient treatment, but needs outpatient treatment and\nmonitoring to prevent his condition from deteriorating to a degree that he would\nneed inpatient treatment; (ii) appropriate outpatient supervision and treatment\nare reasonably available; (iii) there is significant reason to believe that, if\nconditionally released, he would comply with the conditions specified; and (iv)\nconditional release will not present an undue risk to public safety.\n\nE. Notwithstanding any other provision of law, any mental health professional\nemployed or appointed pursuant to subsection B or § 37.2-907 shall be\npermitted to copy and possess any presentence or postsentence reports and victim\nimpact statements. The mental health professional shall not disseminate the\ncontents of the reports or the actual reports to any person or entity and shall\nonly utilize the reports for use in examinations, creating reports, and\ntestifying in any proceedings pursuant to this article.\n\nF. If the CRC deems it necessary to have the services of additional experts in\norder to complete its review of the prisoner or defendant, the Commissioner\nshall appoint such qualified experts as are needed.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.5; 2001, c. 776; 2003, cc. 989, 1018;\n2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c.\n740; 2011, c. 42; 2012, cc. 668, 800.","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}}