{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-906.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-906.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-906.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-906.html"}],"law_id":87039,"edition_id":1,"section_id":87039,"structure_id":13185,"section_number":"37.2-906","catch_line":"Probable cause hearing; procedures","history":"1999, cc. 946, 985, \u00a7 37.1-70.7; 2001, c. 776; 2004, c. 764; 2005, c. 716; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2011, cc. 446, 448; 2012, cc. 121, 246.","full_text":"A\n\nUpon the filing of a petition alleging that the respondent is a sexually violent predator, the circuit court shall (i) forthwith order that until a final order is entered in the proceeding, in the case of a prisoner, he remain in the secure custody of the Department of Corrections or, in the case of a defendant, he remain in the secure custody of the Department and (ii) schedule a hearing within 90 days to determine whether probable cause exists to believe that the respondent is a sexually violent predator. The respondent may waive his right to a hearing under this section. A continuance extending the case beyond the 90 days may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties. The clerk shall mail a copy of the petition to the attorney appointed or retained for the respondent and to the person in charge of the facility in which the respondent is then confined. The person in charge of the facility shall cause the petition to be delivered to the respondent and shall certify the delivery to the clerk. In addition, a written explanation of the sexually violent predator involuntary commitment process and the statutory protections associated with the process shall be given to the respondent at the time the petition is delivered.B\n\nAny hearing or proceeding under this section may be conducted using a two-way electronic video and audio communication system to provide for the appearance of any parties and witnesses. Any two-way electronic video and audio communication system shall meet the standards set forth in subsection B of § 19.2-3.1.C\n\nPrior to any hearing under this section, the judge shall ascertain if the respondent is represented by counsel and, if he is not represented by counsel, the judge shall appoint an attorney to represent him. However, if the respondent requests an opportunity to employ counsel, the court shall give him a reasonable opportunity to employ counsel at his own expense.D\n\nA respondent who has refused to cooperate with a mental health examination required pursuant to § 37.2-904 may, within 21 days of the retention of counsel or appointment of counsel, rescind his refusal and elect to cooperate with the mental health examination. Counsel for the respondent shall provide written notice of the respondent’s election to cooperate with the mental health examination to the court and the attorney for the Commonwealth within 30 days of the retention or appointment of counsel, and the probable cause hearing shall be stayed until 30 days after receipt of the mental health examiner’s report. The mental health examination shall be conducted in accordance with subsection B of § 37.2-904. Results of the evaluation shall be filed with the court and copies of the results shall be provided to counsel for the parties. The mental health examiner’s itemized account of expenses, duly sworn to, shall be presented to the court and, when allowed, shall be certified to the Supreme Court for payment out of the state treasury and shall be charged against the appropriations made to pay criminal charges.\n\t\t\tIn the event that a respondent refuses to cooperate with the mental health examination required by § 37.2-904 or fails or refuses to cooperate with the mental health examination following rescission of his refusal pursuant to this subsection, the court shall admit evidence of such failure or refusal and shall bar the respondent from introducing his own expert psychiatric and psychological evidence.E\n\nAt the probable cause hearing, the judge shall (i) verify the respondent’s identity and (ii) determine whether probable cause exists to believe that he is a sexually violent predator. The existence of any prior convictions or charges may be shown with affidavits or documentary evidence. The details underlying the commission of an offense or behavior that led to a prior conviction or charge may be shown by affidavits or documentary evidence, including but not limited to, hearing and\/or trial transcripts, probation and parole and sentencing reports, police and sheriffs’ reports, and mental health evaluations. If he meets the qualifications set forth in subsection B of § 37.2-904, the expert witness may be permitted to testify at the probable cause hearing as to his diagnosis, his opinion as to whether the respondent meets the definition of a sexually violent predator, his recommendations as to treatment, and the basis for his opinions. Such opinions shall not be dispositive of whether the respondent is a sexually violent predator.F\n\nIn the case of a prisoner in the custody of the Department of Corrections, if the judge finds that there is not probable cause to believe that the respondent is a sexually violent predator, the judge shall dismiss the petition, and the respondent shall remain in the custody of the Department of Corrections until his scheduled date of release from prison. In the case of a defendant, if the judge finds that there is not probable cause to believe the respondent is a sexually violent predator, the judge shall dismiss the petition and order that the respondent be discharged, involuntarily admitted pursuant to §§ 37.2-814 through 37.2-819, or certified for admission pursuant to § 37.2-806.","order_by":null,"text":{"0":{"id":311631,"text":"Upon the filing of a petition alleging that the respondent is a sexually violent predator, the circuit court shall (i) forthwith order that until a final order is entered in the proceeding, in the case of a prisoner, he remain in the secure custody of the Department of Corrections or, in the case of a defendant, he remain in the secure custody of the Department and (ii) schedule a hearing within 90 days to determine whether probable cause exists to believe that the respondent is a sexually violent predator. The respondent may waive his right to a hearing under this section. A continuance extending the case beyond the 90 days may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties. The clerk shall mail a copy of the petition to the attorney appointed or retained for the respondent and to the person in charge of the facility in which the respondent is then confined. The person in charge of the facility shall cause the petition to be delivered to the respondent and shall certify the delivery to the clerk. In addition, a written explanation of the sexually violent predator involuntary commitment process and the statutory protections associated with the process shall be given to the respondent at the time the petition is delivered.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":311632,"text":"Any hearing or proceeding under this section may be conducted using a two-way electronic video and audio communication system to provide for the appearance of any parties and witnesses. Any two-way electronic video and audio communication system shall meet the standards set forth in subsection B of § 19.2-3.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":311633,"text":"Prior to any hearing under this section, the judge shall ascertain if the respondent is represented by counsel and, if he is not represented by counsel, the judge shall appoint an attorney to represent him. However, if the respondent requests an opportunity to employ counsel, the court shall give him a reasonable opportunity to employ counsel at his own expense.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":311634,"text":"A respondent who has refused to cooperate with a mental health examination required pursuant to § 37.2-904 may, within 21 days of the retention of counsel or appointment of counsel, rescind his refusal and elect to cooperate with the mental health examination. Counsel for the respondent shall provide written notice of the respondent’s election to cooperate with the mental health examination to the court and the attorney for the Commonwealth within 30 days of the retention or appointment of counsel, and the probable cause hearing shall be stayed until 30 days after receipt of the mental health examiner’s report. The mental health examination shall be conducted in accordance with subsection B of § 37.2-904. Results of the evaluation shall be filed with the court and copies of the results shall be provided to counsel for the parties. The mental health examiner’s itemized account of expenses, duly sworn to, shall be presented to the court and, when allowed, shall be certified to the Supreme Court for payment out of the state treasury and shall be charged against the appropriations made to pay criminal charges.\n\t\t\tIn the event that a respondent refuses to cooperate with the mental health examination required by § 37.2-904 or fails or refuses to cooperate with the mental health examination following rescission of his refusal pursuant to this subsection, the court shall admit evidence of such failure or refusal and shall bar the respondent from introducing his own expert psychiatric and psychological evidence.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":311635,"text":"At the probable cause hearing, the judge shall (i) verify the respondent’s identity and (ii) determine whether probable cause exists to believe that he is a sexually violent predator. The existence of any prior convictions or charges may be shown with affidavits or documentary evidence. The details underlying the commission of an offense or behavior that led to a prior conviction or charge may be shown by affidavits or documentary evidence, including but not limited to, hearing and\/or trial transcripts, probation and parole and sentencing reports, police and sheriffs’ reports, and mental health evaluations. If he meets the qualifications set forth in subsection B of § 37.2-904, the expert witness may be permitted to testify at the probable cause hearing as to his diagnosis, his opinion as to whether the respondent meets the definition of a sexually violent predator, his recommendations as to treatment, and the basis for his opinions. Such opinions shall not be dispositive of whether the respondent is a sexually violent predator.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":311636,"text":"In the case of a prisoner in the custody of the Department of Corrections, if the judge finds that there is not probable cause to believe that the respondent is a sexually violent predator, the judge shall dismiss the petition, and the respondent shall remain in the custody of the Department of Corrections until his scheduled date of release from prison. In the case of a defendant, if the judge finds that there is not probable cause to believe the respondent is a sexually violent predator, the judge shall dismiss the petition and order that the respondent be discharged, involuntarily admitted pursuant to §§ 37.2-814 through 37.2-819, or certified for admission pursuant to § 37.2-806.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-906\/","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 8 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 2004, chapter 764<\/a>; in 2005, chapter 716<\/a>; in 2006, chapters 863<\/a> and 914<\/a>; in 2007, chapter 876<\/a>; in 2009, chapter 740<\/a>; in 2011, chapters 446<\/a> and 448<\/a>; in 2012, chapters 121<\/a> and 246<\/a>.<\/p>","references":[{"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":81420,"section_number":"37.2-915","catch_line":"Representation of Commonwealth and person subject to commitment; nature of proceedings","order_by":null,"url":"\/37.2-915\/"}],"refers_to":[{"id":56013,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","order_by":null,"url":"\/37.2-806\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":75630,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","order_by":null,"url":"\/37.2-819\/"},{"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\/"}],"permalink":{"id":210541,"object_type":"law","relational_id":87039,"identifier":"37.2-906","token":"37.2\/III\/9\/37.2-906","url":"\/37.2-906\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-906\/","token":"37.2\/III\/9\/37.2-906","dublin_core":{"Title":"Probable cause hearing; procedures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-906","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the filing of a petition<\/span> alleging that the respondent<\/span> is a sexually violent predator<\/span>, the circuit<\/span> court<\/span> shall (i) forthwith order that until a final order<\/span> is entered in the proceeding, in the case of a prisoner, he remain in the secure custody<\/span> of the Department<\/span> of Corrections or, in the case of a defendant<\/span>, he remain in the secure custody<\/span> of the Department<\/span> and (ii) schedule a hearing<\/span> within 90 days to determine whether probable cause<\/span> exists to believe that the respondent<\/span> is a sexually violent predator<\/span>. The respondent<\/span> may waive<\/span> his right to a hearing<\/span> under this section. A continuance<\/span> extending the case beyond the 90 days may be granted to either the Attorney General<\/span> or the respondent<\/span> upon good cause shown or by agreement of the parties. The clerk shall mail a copy of the petition<\/span> to the attorney appointed or retained for the respondent<\/span> and to the person in charge of the facility<\/span> in which the respondent<\/span> is then confined. The person in charge of the facility<\/span> shall cause the petition<\/span> to be delivered to the respondent<\/span> and shall certify the delivery to the clerk. In addition, a written explanation of the sexually violent predator<\/span> involuntary commitment process and the statutory protections associated with the process shall be given to the respondent<\/span> at the time the petition<\/span> is delivered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any hearing<\/span> or proceeding under this section may be conducted using a two-way electronic video and audio communication system to provide for the appearance<\/span> of any parties and witnesses. Any two-way electronic video and audio communication system shall meet the standards set forth in subsection B of § 19.2-3.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Prior to any hearing<\/span> under this section, the judge<\/span> shall ascertain if the respondent<\/span> is represented by counsel<\/span> and, if he is not represented by counsel<\/span>, the judge<\/span> shall appoint an attorney to represent him. However, if the respondent<\/span> requests an opportunity to employ counsel<\/span>, the court<\/span> shall give him a reasonable opportunity to employ counsel<\/span> at his own expense. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A respondent<\/span> who has refused to cooperate with a mental health examination required pursuant to § 37.2-904<\/a> may, within 21 days of the retention of counsel<\/span> or appointment of counsel<\/span>, rescind his refusal and elect to cooperate with the mental health examination. Counsel<\/span> for the respondent<\/span> shall provide written notice of the respondent<\/span>’s election to cooperate with the mental health examination to the court<\/span> and the attorney for the Commonwealth within 30 days of the retention or appointment of counsel<\/span>, and the probable cause<\/span> hearing<\/span> shall be stayed until 30 days after receipt of the mental health examiner’s report. The mental health examination shall be conducted in accordance with subsection B of § 37.2-904<\/a>. Results of the evaluation shall be filed with the court<\/span> and copies of the results shall be provided to counsel<\/span> for the parties. The mental health examiner’s itemized account of expenses, duly sworn to, shall be presented to the court<\/span> and, when allowed, shall be certified to the Supreme Court<\/span> for payment out of the state<\/span> treasury and shall be charged against the appropriations made to pay criminal charges.\n\t\t\tIn the event that a respondent<\/span> refuses to cooperate with the mental health examination required by § 37.2-904<\/a> or fails or refuses to cooperate with the mental health examination following rescission of his refusal pursuant to this subsection, the court<\/span> shall admit evidence<\/span> of such failure or refusal and shall bar the respondent<\/span> from introducing his own expert psychiatric and psychological evidence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At the probable cause<\/span> hearing<\/span>, the judge<\/span> shall (i) verify the respondent<\/span>’s identity and (ii) determine whether probable cause<\/span> exists to believe that he is a sexually violent predator<\/span>. The existence of any prior convictions<\/span> or charges may be shown with affidavits<\/span> or documentary evidence<\/span>. The details underlying the commission of an offense<\/span> or behavior that led to a prior conviction<\/span> or charge may be shown by affidavits<\/span> or documentary evidence<\/span>, including but not limited to, hearing<\/span> and\/or trial<\/span> transcripts<\/span>, probation<\/span> and parole<\/span> and sentencing reports, police and sheriffs’ reports, and mental health evaluations. If he meets the qualifications set forth in subsection B of § 37.2-904<\/a>, the expert witness<\/span> may be permitted to testify at the probable cause<\/span> hearing<\/span> as to his diagnosis, his opinion<\/span> as to whether the respondent<\/span> meets the definition of a sexually violent predator<\/span>, his recommendations as to treatment, and the basis for his opinions<\/span>. Such opinions<\/span> shall not be dispositive of whether the respondent<\/span> is a sexually violent predator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In the case of a prisoner in the custody<\/span> of the Department<\/span> of Corrections, if the judge<\/span> finds that there is not probable cause<\/span> to believe that the respondent<\/span> is a sexually violent predator<\/span>, the judge<\/span> shall dismiss the petition<\/span>, and the respondent<\/span> shall remain in the custody<\/span> of the Department<\/span> of Corrections until his scheduled date of release from prison. In the case of a defendant<\/span>, if the judge<\/span> finds that there is not probable cause<\/span> to believe the respondent<\/span> is a sexually violent predator<\/span>, the judge<\/span> shall dismiss the petition<\/span> and order that the respondent<\/span> be discharged, involuntarily admitted pursuant to §§ 37.2-814<\/a> through 37.2-819<\/a>, or certified for admission pursuant to § 37.2-806<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROBABLE CAUSE HEARING; PROCEDURES (\u00a7 37.2-906)\n\nA. Upon the filing of a petition alleging that the respondent is a sexually\nviolent predator, the circuit court shall (i) forthwith order that until a final\norder is entered in the proceeding, in the case of a prisoner, he remain in the\nsecure custody of the Department of Corrections or, in the case of a defendant,\nhe remain in the secure custody of the Department and (ii) schedule a hearing\nwithin 90 days to determine whether probable cause exists to believe that the\nrespondent is a sexually violent predator. The respondent may waive his right to\na hearing under this section. A continuance extending the case beyond the 90\ndays may be granted to either the Attorney General or the respondent upon good\ncause shown or by agreement of the parties. The clerk shall mail a copy of the\npetition to the attorney appointed or retained for the respondent and to the\nperson in charge of the facility in which the respondent is then confined. The\nperson in charge of the facility shall cause the petition to be delivered to the\nrespondent and shall certify the delivery to the clerk. In addition, a written\nexplanation of the sexually violent predator involuntary commitment process and\nthe statutory protections associated with the process shall be given to the\nrespondent at the time the petition is delivered.\n\nB. Any hearing or proceeding under this section may be conducted using a two-way\nelectronic video and audio communication system to provide for the appearance of\nany parties and witnesses. Any two-way electronic video and audio communication\nsystem shall meet the standards set forth in subsection B of § 19.2-3.1.\n\nC. Prior to any hearing under this section, the judge shall ascertain if the\nrespondent is represented by counsel and, if he is not represented by counsel,\nthe judge shall appoint an attorney to represent him. However, if the respondent\nrequests an opportunity to employ counsel, the court shall give him a reasonable\nopportunity to employ counsel at his own expense.\n\nD. A respondent who has refused to cooperate with a mental health examination\nrequired pursuant to § 37.2-904 may, within 21 days of the retention of\ncounsel or appointment of counsel, rescind his refusal and elect to cooperate\nwith the mental health examination. Counsel for the respondent shall provide\nwritten notice of the respondent’s election to cooperate with the mental\nhealth examination to the court and the attorney for the Commonwealth within 30\ndays of the retention or appointment of counsel, and the probable cause hearing\nshall be stayed until 30 days after receipt of the mental health\nexaminer’s report. The mental health examination shall be conducted in\naccordance with subsection B of § 37.2-904. Results of the evaluation shall\nbe filed with the court and copies of the results shall be provided to counsel\nfor the parties. The mental health examiner’s itemized account of\nexpenses, duly sworn to, shall be presented to the court and, when allowed,\nshall be certified to the Supreme Court for payment out of the state treasury\nand shall be charged against the appropriations made to pay criminal charges.\n\t\t\tIn the event that a respondent refuses to cooperate with the mental health\nexamination required by § 37.2-904 or fails or refuses to cooperate with\nthe mental health examination following rescission of his refusal pursuant to\nthis subsection, the court shall admit evidence of such failure or refusal and\nshall bar the respondent from introducing his own expert psychiatric and\npsychological evidence.\n\nE. At the probable cause hearing, the judge shall (i) verify the\nrespondent’s identity and (ii) determine whether probable cause exists to\nbelieve that he is a sexually violent predator. The existence of any prior\nconvictions or charges may be shown with affidavits or documentary evidence. The\ndetails underlying the commission of an offense or behavior that led to a prior\nconviction or charge may be shown by affidavits or documentary evidence,\nincluding but not limited to, hearing and\/or trial transcripts, probation and\nparole and sentencing reports, police and sheriffs’ reports, and mental\nhealth evaluations. If he meets the qualifications set forth in subsection B of\n§ 37.2-904, the expert witness may be permitted to testify at the probable\ncause hearing as to his diagnosis, his opinion as to whether the respondent\nmeets the definition of a sexually violent predator, his recommendations as to\ntreatment, and the basis for his opinions. Such opinions shall not be\ndispositive of whether the respondent is a sexually violent predator.\n\nF. In the case of a prisoner in the custody of the Department of Corrections, if\nthe judge finds that there is not probable cause to believe that the respondent\nis a sexually violent predator, the judge shall dismiss the petition, and the\nrespondent shall remain in the custody of the Department of Corrections until\nhis scheduled date of release from prison. In the case of a defendant, if the\njudge finds that there is not probable cause to believe the respondent is a\nsexually violent predator, the judge shall dismiss the petition and order that\nthe respondent be discharged, involuntarily admitted pursuant to §§\n37.2-814 through 37.2-819, or certified for admission pursuant to §\n37.2-806.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.7; 2001, c. 776; 2004, c. 764; 2005, c.\n716; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2011, cc. 446, 448; 2012,\ncc. 121, 246.","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}}