{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-909.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-909.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-909.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-909.html"}],"law_id":71603,"edition_id":1,"section_id":71603,"structure_id":13185,"section_number":"37.2-909","catch_line":"Placement of committed respondents","history":"1999, cc. 946, 985, \u00a7 37.1-70.10; 2001, c. 776; 2003, cc. 989, 1018; 2004, c. 707; 2005, cc. 716, 914; 2009, cc. 740, 813, 840.","full_text":"A\n\nAny respondent committed pursuant to this chapter shall be placed in the custody of the Department for control, care, and treatment until such time as the respondent’s mental abnormality or personality disorder has so changed that the respondent will not present an undue risk to public safety. The Department shall provide such control, care, and treatment at a secure facility operated by it or may contract with private or public entities, in or outside of the Commonwealth, or with other states to provide comparable control, care, or treatment. At all times, respondents committed for control, care, and treatment by the Department pursuant to this chapter shall be kept in a secure facility. Respondents committed under this chapter shall be segregated by sight and sound at all times from prisoners in the custody of a correctional facility. The Commissioner may make treatment and management decisions regarding committed respondents in his custody without obtaining prior approval of or review by the committing court.B\n\nPrior to the siting of a new facility or the designation of an existing facility to be operated by the Department for the control, care, and treatment of committed respondents, the Commissioner shall notify the state elected officials for and the local governing body of the jurisdiction of the proposed location, designation, or expansion of the facility. Upon receiving such notice, the local governing body of the jurisdiction of the proposed site or where the existing facility is located may publish a descriptive notice concerning the proposed site or existing facility in a newspaper of general circulation in the jurisdiction.\n\t\t\tThe Commissioner also shall establish an advisory committee relating to any facility for which notice is required by this subsection or any facility being operated for the purpose of the control, care, and treatment of committed respondents. The advisory committee shall consist of state and local elected officials and representatives of community organizations serving the jurisdiction in which the facility is proposed to be or is located. Upon request, the members of the appropriate advisory committee shall be notified whenever the Department increases the number of beds in the relevant facility.C\n\nNotwithstanding any other provision of law, when any respondent is committed under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department of Behavioral Health and Developmental Services, a copy of all relevant criminal history information, medical and mental health records, presentence or postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to subsection B of § 37.2-904 and § 37.2-907, for use in the treatment and evaluation of the committed respondent.","order_by":null,"text":{"0":{"id":258061,"text":"Any respondent committed pursuant to this chapter shall be placed in the custody of the Department for control, care, and treatment until such time as the respondent’s mental abnormality or personality disorder has so changed that the respondent will not present an undue risk to public safety. The Department shall provide such control, care, and treatment at a secure facility operated by it or may contract with private or public entities, in or outside of the Commonwealth, or with other states to provide comparable control, care, or treatment. At all times, respondents committed for control, care, and treatment by the Department pursuant to this chapter shall be kept in a secure facility. Respondents committed under this chapter shall be segregated by sight and sound at all times from prisoners in the custody of a correctional facility. The Commissioner may make treatment and management decisions regarding committed respondents in his custody without obtaining prior approval of or review by the committing court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258062,"text":"Prior to the siting of a new facility or the designation of an existing facility to be operated by the Department for the control, care, and treatment of committed respondents, the Commissioner shall notify the state elected officials for and the local governing body of the jurisdiction of the proposed location, designation, or expansion of the facility. Upon receiving such notice, the local governing body of the jurisdiction of the proposed site or where the existing facility is located may publish a descriptive notice concerning the proposed site or existing facility in a newspaper of general circulation in the jurisdiction.\n\t\t\tThe Commissioner also shall establish an advisory committee relating to any facility for which notice is required by this subsection or any facility being operated for the purpose of the control, care, and treatment of committed respondents. The advisory committee shall consist of state and local elected officials and representatives of community organizations serving the jurisdiction in which the facility is proposed to be or is located. Upon request, the members of the appropriate advisory committee shall be notified whenever the Department increases the number of beds in the relevant facility.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258063,"text":"Notwithstanding any other provision of law, when any respondent is committed under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department of Behavioral Health and Developmental Services, a copy of all relevant criminal history information, medical and mental health records, presentence or postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to subsection B of § 37.2-904 and § 37.2-907, for use in the treatment and evaluation of the committed respondent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-909\/","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 5 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 707<\/a>; in 2005, chapters 716<\/a> and 914<\/a>; in 2009, chapters 740<\/a>, 813<\/a>, and 840<\/a>.<\/p>","references":false,"refers_to":[{"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":64395,"section_number":"37.2-907","catch_line":"Right to assistance of experts; compensation","order_by":null,"url":"\/37.2-907\/"}],"permalink":{"id":210553,"object_type":"law","relational_id":71603,"identifier":"37.2-909","token":"37.2\/III\/9\/37.2-909","url":"\/37.2-909\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-909\/","token":"37.2\/III\/9\/37.2-909","dublin_core":{"Title":"Placement of committed respondents","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-909","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any respondent<\/span> committed pursuant to this chapter shall be placed in the custody<\/span> of the Department<\/span> for control, care, and treatment until such time as the respondent<\/span>’s mental abnormality<\/span> or personality disorder<\/span> has so changed that the respondent<\/span> will not present an undue risk to public safety. The Department<\/span> shall provide such control, care, and treatment at a secure facility<\/span> operated by it or may contract<\/span> with private or public entities, in or outside of the Commonwealth, or with other states<\/span> to provide comparable control, care, or treatment. At all times, respondents<\/span> committed for control, care, and treatment by the Department<\/span> pursuant to this chapter shall be kept in a secure facility<\/span>. Respondents<\/span> committed under this chapter shall be segregated by sight and sound at all times from prisoners in the custody<\/span> of a correctional facility<\/span>. The Commissioner<\/span> may make treatment and management decisions regarding committed respondents<\/span> in his custody<\/span> without obtaining prior approval of or review by the committing court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the siting of a new facility<\/span> or the designation of an existing facility<\/span> to be operated by the Department<\/span> for the control, care, and treatment of committed respondents<\/span>, the Commissioner<\/span> shall notify the state<\/span> elected officials for and the local governing body of the jurisdiction<\/span> of the proposed location, designation, or expansion of the facility<\/span>. Upon receiving such notice, the local governing body of the jurisdiction<\/span> of the proposed site or where the existing facility<\/span> is located may publish a descriptive notice concerning the proposed site or existing facility<\/span> in a newspaper of general circulation in the jurisdiction<\/span>.\n\t\t\tThe Commissioner<\/span> also shall establish an advisory committee relating to any facility<\/span> for which notice is required by this subsection or any facility<\/span> being operated for the purpose of the control, care, and treatment of committed respondents<\/span>. The advisory committee shall consist of state<\/span> and local elected officials and representatives of community organizations serving the jurisdiction<\/span> in which the facility<\/span> is proposed to be or is located. Upon request, the members of the appropriate advisory committee shall be notified whenever the Department<\/span> increases the number of beds in the relevant facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law<\/span>, when any respondent<\/span> is committed under this article, the Department<\/span> of Corrections and the Office of the Attorney General<\/span> shall provide to the Department<\/span> of Behavioral Health and Developmental Services<\/span>, a copy of all relevant criminal history information, medical and mental health records, presentence or postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to subsection B of § 37.2-904<\/a> and § 37.2-907<\/a>, for use in the treatment and evaluation of the committed respondent<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPLACEMENT OF COMMITTED RESPONDENTS (\u00a7 37.2-909)\n\nA. Any respondent committed pursuant to this chapter shall be placed in the\ncustody of the Department for control, care, and treatment until such time as\nthe respondent’s mental abnormality or personality disorder has so changed\nthat the respondent will not present an undue risk to public safety. The\nDepartment shall provide such control, care, and treatment at a secure facility\noperated by it or may contract with private or public entities, in or outside of\nthe Commonwealth, or with other states to provide comparable control, care, or\ntreatment. At all times, respondents committed for control, care, and treatment\nby the Department pursuant to this chapter shall be kept in a secure facility.\nRespondents committed under this chapter shall be segregated by sight and sound\nat all times from prisoners in the custody of a correctional facility. The\nCommissioner may make treatment and management decisions regarding committed\nrespondents in his custody without obtaining prior approval of or review by the\ncommitting court.\n\nB. Prior to the siting of a new facility or the designation of an existing\nfacility to be operated by the Department for the control, care, and treatment\nof committed respondents, the Commissioner shall notify the state elected\nofficials for and the local governing body of the jurisdiction of the proposed\nlocation, designation, or expansion of the facility. Upon receiving such notice,\nthe local governing body of the jurisdiction of the proposed site or where the\nexisting facility is located may publish a descriptive notice concerning the\nproposed site or existing facility in a newspaper of general circulation in the\njurisdiction.\n\t\t\tThe Commissioner also shall establish an advisory committee relating to any\nfacility for which notice is required by this subsection or any facility being\noperated for the purpose of the control, care, and treatment of committed\nrespondents. The advisory committee shall consist of state and local elected\nofficials and representatives of community organizations serving the\njurisdiction in which the facility is proposed to be or is located. Upon\nrequest, the members of the appropriate advisory committee shall be notified\nwhenever the Department increases the number of beds in the relevant facility.\n\nC. Notwithstanding any other provision of law, when any respondent is committed\nunder this article, the Department of Corrections and the Office of the Attorney\nGeneral shall provide to the Department of Behavioral Health and Developmental\nServices, a copy of all relevant criminal history information, medical and\nmental health records, presentence or postsentence reports and victim impact\nstatements, and the mental health evaluations performed pursuant to subsection B\nof § 37.2-904 and § 37.2-907, for use in the treatment and evaluation\nof the committed respondent.\n\nHISTORY: 1999, cc. 946, 985, \u00a7 37.1-70.10; 2001, c. 776; 2003, cc. 989, 1018;\n2004, c. 707; 2005, cc. 716, 914; 2009, cc. 740, 813, 840.","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}}