{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-908.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-908.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-908.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-908.html"}],"law_id":73700,"edition_id":1,"section_id":73700,"structure_id":13185,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","history":"1999, cc. 946, 985, \u00a7 37.1-70.9; 2001, c. 776; 2003, cc. 989, 1018; 2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740.","full_text":"A\n\nWithin 120 days after the completion of the probable cause hearing held pursuant to § 37.2-906, the court shall conduct a trial to determine whether the respondent is a sexually violent predator. A continuance extending the case beyond the 120 days may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties.B\n\nThe Attorney General or the respondent shall have the right to a trial by jury. Seven persons from a panel of 13 shall constitute a jury in such cases. If a jury determines that the respondent is a sexually violent predator, a unanimous verdict shall be required. If no demand is made by either party for a trial by jury, the trial shall be before the court.C\n\nThe court or jury shall determine whether, by clear and convincing evidence, the respondent is a sexually violent predator. If the court or jury does not find clear and convincing evidence that the respondent is a sexually violent predator, the court shall, in the case of a prisoner, direct that he be returned to the custody of the Department of Corrections. The Department of Corrections shall immediately release him if his scheduled release date has passed, or hold him until his scheduled release date. In the case of a defendant, if the court or jury does not find by clear and convincing evidence that he is a sexually violent predator, the court shall order that he be discharged, involuntarily admitted pursuant to §§ 37.2-814 through 37.2-819, or certified for admission pursuant to § 37.2-806.\n\t\t\tIf he meets the qualifications set forth in subsection B of § 37.2-904 or 37.2-907, any expert witness may be permitted to testify at the trial as to his diagnosis, his opinion as to whether the respondent meets the definition of a sexually violent predator, his recommendation as to treatment, and the basis for his opinions. Such opinions shall not be dispositive of whether the respondent is a sexually violent predator.D\n\nIf the court or jury finds the respondent to be a sexually violent predator, the court shall then determine that the respondent shall be committed or continue the trial for not less than 45 days nor more than 60 days pursuant to subsection E. A continuance extending the case beyond the 60 days may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties. In making its determination, the court may consider (i) the nature and circumstances of the sexually violent offense for which the respondent was charged or convicted, including the age and maturity of the victim; (ii) the results of any actuarial test, including the likelihood of recidivism; (iii) the results of any diagnostic tests previously administered to the respondent under this chapter; (iv) the respondent’s mental history, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (v) the respondent’s present mental condition; (vi) the respondent’s disciplinary record and types of infractions he may have committed while incarcerated or hospitalized; (vii) the respondent’s living arrangements and potential employment if he were to be placed on conditional release; (viii) the availability of transportation and appropriate supervision to ensure participation by the respondent in necessary treatment; and (ix) any other factors that the court deems relevant. If after considering the factors listed in § 37.2-912, the court finds that there is no suitable less restrictive alternative to involuntary secure inpatient treatment, the judge shall by written order and specific findings so certify and order that the respondent be committed to the custody of the Department for appropriate inpatient treatment in a secure facility designated by the Commissioner. Respondents committed pursuant to this chapter are subject to the provisions of § 19.2-174.1 and Chapter 11 (§ 37.2-1100 et seq.).E\n\nIf the court determines to continue the trial to receive additional evidence on possible alternatives to commitment, the court shall require the Commissioner to submit a report to the court, the Attorney General, and counsel for the respondent suggesting possible alternatives to commitment. The court shall then reconvene the trial and receive testimony on the possible alternatives to commitment. At the conclusion of testimony on the possible alternatives to commitment, the court shall consider: (i) the treatment needs of the respondent; (ii) whether less restrictive alternatives to commitment have been investigated and deemed suitable; (iii) whether any such alternatives will accommodate needed and appropriate supervision and treatment plans for the respondent, including but not limited to, therapy or counseling, access to medications, availability of travel, and location of proposed residence; and (iv) whether any such alternatives will accommodate needed and appropriate regular psychological or physiological testing, including but not limited to, penile plethysmograph testing or sexual interest testing. If the court finds these criteria are adequately addressed and the court finds that the respondent meets the criteria for conditional release set forth in § 37.2-912, the court shall order that the respondent be returned to the custody of the Department of Corrections to be processed for conditional release as a sexually violent predator pursuant to his conditional release plan. The court shall also order the respondent to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release. Access to anti-androgen medications or other medication prescribed to lower blood serum testosterone shall not be used as a primary reason for determining that less restrictive alternatives are appropriate pursuant to this chapter.F\n\nThe Department shall recommend a specific course of treatment and programs for provision of such treatment and shall monitor the respondent’s compliance with such treatment as may be ordered by the court under this section, unless the respondent is on parole or probation, in which case the parole or probation officer shall monitor his compliance.G\n\nIn the event of a mistrial, the court shall direct that the prisoner remain in the secure custody of the Department of Corrections or the defendant remain in the secure custody of the Department until another trial is conducted. Any subsequent trial following a mistrial shall be held within 90 days of the previous trial.","order_by":null,"text":{"0":{"id":265065,"text":"Within 120 days after the completion of the probable cause hearing held pursuant to § 37.2-906, the court shall conduct a trial to determine whether the respondent is a sexually violent predator. A continuance extending the case beyond the 120 days may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":265066,"text":"The Attorney General or the respondent shall have the right to a trial by jury. Seven persons from a panel of 13 shall constitute a jury in such cases. If a jury determines that the respondent is a sexually violent predator, a unanimous verdict shall be required. If no demand is made by either party for a trial by jury, the trial shall be before the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":265067,"text":"The court or jury shall determine whether, by clear and convincing evidence, the respondent is a sexually violent predator. If the court or jury does not find clear and convincing evidence that the respondent is a sexually violent predator, the court shall, in the case of a prisoner, direct that he be returned to the custody of the Department of Corrections. The Department of Corrections shall immediately release him if his scheduled release date has passed, or hold him until his scheduled release date. In the case of a defendant, if the court or jury does not find by clear and convincing evidence that he is a sexually violent predator, the court shall order that he be discharged, involuntarily admitted pursuant to §§ 37.2-814 through 37.2-819, or certified for admission pursuant to § 37.2-806.\n\t\t\tIf he meets the qualifications set forth in subsection B of § 37.2-904 or 37.2-907, any expert witness may be permitted to testify at the trial as to his diagnosis, his opinion as to whether the respondent meets the definition of a sexually violent predator, his recommendation 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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":265068,"text":"If the court or jury finds the respondent to be a sexually violent predator, the court shall then determine that the respondent shall be committed or continue the trial for not less than 45 days nor more than 60 days pursuant to subsection E. A continuance extending the case beyond the 60 days may be granted to either the Attorney General or the respondent upon good cause shown or by agreement of the parties. In making its determination, the court may consider (i) the nature and circumstances of the sexually violent offense for which the respondent was charged or convicted, including the age and maturity of the victim; (ii) the results of any actuarial test, including the likelihood of recidivism; (iii) the results of any diagnostic tests previously administered to the respondent under this chapter; (iv) the respondent’s mental history, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (v) the respondent’s present mental condition; (vi) the respondent’s disciplinary record and types of infractions he may have committed while incarcerated or hospitalized; (vii) the respondent’s living arrangements and potential employment if he were to be placed on conditional release; (viii) the availability of transportation and appropriate supervision to ensure participation by the respondent in necessary treatment; and (ix) any other factors that the court deems relevant. If after considering the factors listed in § 37.2-912, the court finds that there is no suitable less restrictive alternative to involuntary secure inpatient treatment, the judge shall by written order and specific findings so certify and order that the respondent be committed to the custody of the Department for appropriate inpatient treatment in a secure facility designated by the Commissioner. Respondents committed pursuant to this chapter are subject to the provisions of § 19.2-174.1 and Chapter 11 (§ 37.2-1100 et seq.).","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":265069,"text":"If the court determines to continue the trial to receive additional evidence on possible alternatives to commitment, the court shall require the Commissioner to submit a report to the court, the Attorney General, and counsel for the respondent suggesting possible alternatives to commitment. The court shall then reconvene the trial and receive testimony on the possible alternatives to commitment. At the conclusion of testimony on the possible alternatives to commitment, the court shall consider: (i) the treatment needs of the respondent; (ii) whether less restrictive alternatives to commitment have been investigated and deemed suitable; (iii) whether any such alternatives will accommodate needed and appropriate supervision and treatment plans for the respondent, including but not limited to, therapy or counseling, access to medications, availability of travel, and location of proposed residence; and (iv) whether any such alternatives will accommodate needed and appropriate regular psychological or physiological testing, including but not limited to, penile plethysmograph testing or sexual interest testing. If the court finds these criteria are adequately addressed and the court finds that the respondent meets the criteria for conditional release set forth in § 37.2-912, the court shall order that the respondent be returned to the custody of the Department of Corrections to be processed for conditional release as a sexually violent predator pursuant to his conditional release plan. The court shall also order the respondent to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release. Access to anti-androgen medications or other medication prescribed to lower blood serum testosterone shall not be used as a primary reason for determining that less restrictive alternatives are appropriate pursuant to this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":265070,"text":"The Department shall recommend a specific course of treatment and programs for provision of such treatment and shall monitor the respondent’s compliance with such treatment as may be ordered by the court under this section, unless the respondent is on parole or probation, in which case the parole or probation officer shall monitor his compliance.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":265071,"text":"In the event of a mistrial, the court shall direct that the prisoner remain in the secure custody of the Department of Corrections or the defendant remain in the secure custody of the Department until another trial is conducted. Any subsequent trial following a mistrial shall be held within 90 days of the previous trial.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-908\/","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 7 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>.<\/p>","references":false,"refers_to":[{"id":60224,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","order_by":null,"url":"\/19.2-174.1\/"},{"id":83720,"section_number":"37.2-1100","catch_line":"Definitions","order_by":null,"url":"\/37.2-1100\/"},{"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\/"},{"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":74310,"section_number":"37.2-912","catch_line":"Conditional release; criteria; conditions; reports; penalty","order_by":null,"url":"\/37.2-912\/"}],"permalink":{"id":210549,"object_type":"law","relational_id":73700,"identifier":"37.2-908","token":"37.2\/III\/9\/37.2-908","url":"\/37.2-908\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-908\/","token":"37.2\/III\/9\/37.2-908","dublin_core":{"Title":"Trial; right to trial by jury; standard of proof; discovery","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-908","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within 120 days after the completion of the probable cause<\/span> hearing<\/span> held pursuant to § 37.2-906<\/a>, the court<\/span> shall conduct a trial<\/span> to determine whether the respondent<\/span> is a sexually violent predator<\/span>. A continuance<\/span> extending the case beyond the 120 days may be granted to either the Attorney General<\/span> or the respondent<\/span> upon good cause shown or by agreement of the parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Attorney General<\/span> or the respondent<\/span> shall have the right to a trial<\/span> by jury<\/span>. Seven persons from a panel<\/span> of 13 shall constitute a jury<\/span> in such cases. If a jury<\/span> determines that the respondent<\/span> is a sexually violent predator<\/span>, a unanimous verdict<\/span> shall be required. If no demand is made by either party<\/span> for a trial<\/span> by jury<\/span>, the trial<\/span> shall be before the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> or jury<\/span> shall determine whether, by clear and convincing evidence<\/span>, the respondent<\/span> is a sexually violent predator<\/span>. If the court<\/span> or jury<\/span> does not find clear and convincing evidence<\/span> that the respondent<\/span> is a sexually violent predator<\/span>, the court<\/span> shall, in the case of a prisoner, direct that he be returned to the custody<\/span> of the Department<\/span> of Corrections. The Department<\/span> of Corrections shall immediately release him if his scheduled release date has passed, or hold him until his scheduled release date. In the case of a defendant<\/span>, if the court<\/span> or jury<\/span> does not find by clear and convincing evidence<\/span> that he is a sexually violent predator<\/span>, the court<\/span> shall order<\/span> that he 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>.\n\t\t\tIf he meets the qualifications set forth in subsection B of § 37.2-904<\/a> or 37.2-907<\/a>, any expert witness<\/span> may be permitted to testify at the trial<\/span> as to his diagnosis, his opinion<\/span> as to whether the respondent<\/span> meets the definition of a sexually violent predator<\/span>, his recommendation 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

D.<\/span> If the court<\/span> or jury<\/span> finds the respondent<\/span> to be a sexually violent predator<\/span>, the court<\/span> shall then determine that the respondent<\/span> shall be committed or continue the trial<\/span> for not less than 45 days nor more than 60 days pursuant to subsection E. A continuance<\/span> extending the case beyond the 60 days may be granted to either the Attorney General<\/span> or the respondent<\/span> upon good cause shown or by agreement of the parties. In making its determination, the court<\/span> may consider (i) the nature and circumstances of the sexually violent offense<\/span> for which the respondent<\/span> was charged or convicted, including the age and maturity of the victim; (ii) the results of any actuarial test, including the likelihood of recidivism; (iii) the results of any diagnostic tests previously administered to the respondent<\/span> under this chapter; (iv) the respondent<\/span>’s mental history, including treatments for mental illness<\/span> or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations; (v) the respondent<\/span>’s present mental condition; (vi) the respondent<\/span>’s disciplinary record and types of infractions he may have committed while incarcerated or hospitalized; (vii) the respondent<\/span>’s living arrangements and potential employment if he were to be placed on conditional release; (viii) the availability of transportation and appropriate supervision to ensure participation by the respondent<\/span> in necessary treatment; and (ix) any other factors that the court<\/span> deems relevant. If after considering the factors listed in § 37.2-912<\/a>, the court<\/span> finds that there is no suitable less restrictive alternative to involuntary secure inpatient treatment, the judge<\/span> shall by written order<\/span> and specific findings<\/span> so certify and order<\/span> that the respondent<\/span> be committed to the custody<\/span> of the Department<\/span> for appropriate inpatient treatment in a secure facility<\/span> designated by the Commissioner<\/span>. Respondents<\/span> committed pursuant to this chapter are subject to the provisions of § 19.2-174.1<\/a> and Chapter 11 (§ 37.2-1100<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court<\/span> determines to continue the trial<\/span> to receive additional evidence<\/span> on possible alternatives to commitment, the court<\/span> shall require the Commissioner<\/span> to submit a report to the court<\/span>, the Attorney General<\/span>, and counsel<\/span> for the respondent<\/span> suggesting possible alternatives to commitment. The court<\/span> shall then reconvene the trial<\/span> and receive testimony<\/span> on the possible alternatives to commitment. At the conclusion of testimony<\/span> on the possible alternatives to commitment, the court<\/span> shall consider: (i) the treatment needs of the respondent<\/span>; (ii) whether less restrictive alternatives to commitment have been investigated and deemed suitable; (iii) whether any such alternatives will accommodate needed and appropriate supervision and treatment plans for the respondent<\/span>, including but not limited to, therapy or counseling, access to medications, availability of travel, and location of proposed residence; and (iv) whether any such alternatives will accommodate needed and appropriate regular psychological or physiological testing, including but not limited to, penile plethysmograph testing or sexual interest testing. If the court<\/span> finds these criteria are adequately addressed and the court<\/span> finds that the respondent<\/span> meets the criteria for conditional release set forth in § 37.2-912<\/a>, the court<\/span> shall order<\/span> that the respondent<\/span> be returned to the custody<\/span> of the Department<\/span> of Corrections to be processed for conditional release as a sexually violent predator<\/span> pursuant to his conditional release plan. The court<\/span> shall also order<\/span> the respondent<\/span> to be subject to electronic monitoring of his location by means of a GPS (Global Positioning System) tracking device, or other similar device, at all times while he is on conditional release. Access to anti-androgen medications or other medication prescribed to lower blood serum testosterone shall not be used as a primary reason for determining that less restrictive alternatives are appropriate pursuant to this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The Department<\/span> shall recommend a specific course of treatment and programs for provision of such treatment and shall monitor the respondent<\/span>’s compliance with such treatment as may be ordered by the court<\/span> under this section, unless the respondent<\/span> is on parole<\/span> or probation, in which case the parole<\/span> or probation officer<\/span> shall monitor his compliance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In the event of a mistrial<\/span>, the court<\/span> shall direct that the prisoner remain in the secure custody<\/span> of the Department<\/span> of Corrections or the defendant<\/span> remain in the secure custody<\/span> of the Department<\/span> until another trial<\/span> is conducted. Any subsequent trial<\/span> following a mistrial<\/span> shall be held within 90 days of the previous trial<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRIAL; RIGHT TO TRIAL BY JURY; STANDARD OF PROOF; DISCOVERY (\u00a7 37.2-908)\n\nA. Within 120 days after the completion of the probable cause hearing held\npursuant to § 37.2-906, the court shall conduct a trial to determine\nwhether the respondent is a sexually violent predator. A continuance extending\nthe case beyond the 120 days may be granted to either the Attorney General or\nthe respondent upon good cause shown or by agreement of the parties.\n\nB. The Attorney General or the respondent shall have the right to a trial by\njury. Seven persons from a panel of 13 shall constitute a jury in such cases. If\na jury determines that the respondent is a sexually violent predator, a\nunanimous verdict shall be required. If no demand is made by either party for a\ntrial by jury, the trial shall be before the court.\n\nC. The court or jury shall determine whether, by clear and convincing evidence,\nthe respondent is a sexually violent predator. If the court or jury does not\nfind clear and convincing evidence that the respondent is a sexually violent\npredator, the court shall, in the case of a prisoner, direct that he be returned\nto the custody of the Department of Corrections. The Department of Corrections\nshall immediately release him if his scheduled release date has passed, or hold\nhim until his scheduled release date. In the case of a defendant, if the court\nor jury does not find by clear and convincing evidence that he is a sexually\nviolent predator, the court shall order that he be discharged, involuntarily\nadmitted pursuant to §§ 37.2-814 through 37.2-819, or certified for\nadmission pursuant to § 37.2-806.\n\t\t\tIf he meets the qualifications set forth in subsection B of § 37.2-904\nor 37.2-907, any expert witness may be permitted to testify at the trial as to\nhis diagnosis, his opinion as to whether the respondent meets the definition of\na sexually violent predator, his recommendation as to treatment, and the basis\nfor his opinions. Such opinions shall not be dispositive of whether the\nrespondent is a sexually violent predator.\n\nD. If the court or jury finds the respondent to be a sexually violent predator,\nthe court shall then determine that the respondent shall be committed or\ncontinue the trial for not less than 45 days nor more than 60 days pursuant to\nsubsection E. A continuance extending the case beyond the 60 days may be granted\nto either the Attorney General or the respondent upon good cause shown or by\nagreement of the parties. In making its determination, the court may consider\n(i) the nature and circumstances of the sexually violent offense for which the\nrespondent was charged or convicted, including the age and maturity of the\nvictim; (ii) the results of any actuarial test, including the likelihood of\nrecidivism; (iii) the results of any diagnostic tests previously administered to\nthe respondent under this chapter; (iv) the respondent’s mental history,\nincluding treatments for mental illness or mental disorders, participation in\nand response to therapy or treatment, and any history of previous\nhospitalizations; (v) the respondent’s present mental condition; (vi) the\nrespondent’s disciplinary record and types of infractions he may have\ncommitted while incarcerated or hospitalized; (vii) the respondent’s\nliving arrangements and potential employment if he were to be placed on\nconditional release; (viii) the availability of transportation and appropriate\nsupervision to ensure participation by the respondent in necessary treatment;\nand (ix) any other factors that the court deems relevant. If after considering\nthe factors listed in § 37.2-912, the court finds that there is no suitable\nless restrictive alternative to involuntary secure inpatient treatment, the\njudge shall by written order and specific findings so certify and order that the\nrespondent be committed to the custody of the Department for appropriate\ninpatient treatment in a secure facility designated by the Commissioner.\nRespondents committed pursuant to this chapter are subject to the provisions of\n§ 19.2-174.1 and Chapter 11 (§ 37.2-1100 et seq.).\n\nE. If the court determines to continue the trial to receive additional evidence\non possible alternatives to commitment, the court shall require the Commissioner\nto submit a report to the court, the Attorney General, and counsel for the\nrespondent suggesting possible alternatives to commitment. The court shall then\nreconvene the trial and receive testimony on the possible alternatives to\ncommitment. At the conclusion of testimony on the possible alternatives to\ncommitment, the court shall consider: (i) the treatment needs of the respondent;\n(ii) whether less restrictive alternatives to commitment have been investigated\nand deemed suitable; (iii) whether any such alternatives will accommodate needed\nand appropriate supervision and treatment plans for the respondent, including\nbut not limited to, therapy or counseling, access to medications, availability\nof travel, and location of proposed residence; and (iv) whether any such\nalternatives will accommodate needed and appropriate regular psychological or\nphysiological testing, including but not limited to, penile plethysmograph\ntesting or sexual interest testing. If the court finds these criteria are\nadequately addressed and the court finds that the respondent meets the criteria\nfor conditional release set forth in § 37.2-912, the court shall order that\nthe respondent be returned to the custody of the Department of Corrections to be\nprocessed for conditional release as a sexually violent predator pursuant to his\nconditional release plan. The court shall also order the respondent to be\nsubject to electronic monitoring of his location by means of a GPS (Global\nPositioning System) tracking device, or other similar device, at all times while\nhe is on conditional release. Access to anti-androgen medications or other\nmedication prescribed to lower blood serum testosterone shall not be used as a\nprimary reason for determining that less restrictive alternatives are\nappropriate pursuant to this chapter.\n\nF. The Department shall recommend a specific course of treatment and programs\nfor provision of such treatment and shall monitor the respondent’s\ncompliance with such treatment as may be ordered by the court under this\nsection, unless the respondent is on parole or probation, in which case the\nparole or probation officer shall monitor his compliance.\n\nG. In the event of a mistrial, the court shall direct that the prisoner remain\nin the secure custody of the Department of Corrections or the defendant remain\nin the secure custody of the Department until another trial is conducted. Any\nsubsequent trial following a mistrial shall be held within 90 days of the\nprevious trial.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.9; 2001, c. 776; 2003, cc. 989, 1018;\n2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c.\n740.","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}}