                                 CODE OF VIRGINIA

DATABASE OF PRISONERS CONVICTED OF SEXUALLY VIOLENT OFFENSES; MAINTAINED BY
DEPARTMENT OF CORRECTIONS; NOTICE OF PENDING RELEASE TO CRC (§ 37.2-903)

A. The Director shall establish and maintain a database of each prisoner in his
custody who is (i) incarcerated for a sexually violent offense or (ii) serving
or will serve concurrent or consecutive time for another offense in addition to
time for a sexually violent offense. The database shall include the following
information regarding each prisoner: (a) the prisoner&#8217;s criminal record
and (b) the prisoner&#8217;s sentences and scheduled date of release. A prisoner
who is serving or will serve concurrent or consecutive time for other offenses
in addition to his time for a sexually violent offense shall remain in the
database until such time as he is released from the custody or supervision of
the Department of Corrections or Virginia Parole Board for all of his charges.
Prior to the initial assessment of a prisoner under subsection B, the Director
shall order a national criminal history records check to be conducted on the
prisoner.

B. Each month, the Director shall review the database and, using an
evidence-based assessment protocol approved by the Director and the
Commissioner, shall identify all such prisoners who are scheduled for release
from prison within 24 months from the date of such review or have been referred
to the Director by the Virginia Parole Board under rules adopted by the Board
who appear to meet the definition of a sexually violent predator.

C. The Commissioner shall forward to the Director the records of all defendants
who have been charged with a sexually violent offense and found unrestorably
incompetent to stand trial, and ordered to be screened pursuant to &#xA7;
19.2-169.3. The Director, applying the procedure identified in subsection B,
shall identify those defendants who shall be referred to the CRC for assessment.

D. Upon the identification of such prisoners and defendants screened pursuant to
subsections B and C, the Director shall forward their names, their scheduled
dates of release, court orders finding the defendants unrestorably incompetent,
and copies of their files to the CRC for assessment.

E. The Commissioner shall report annually by December 1 to the Chairmen of the
House Committees on Appropriations and for Courts of Justice, the Senate
Committees for Courts of Justice and on Finance and Appropriations, and the
Crime Commission on (i) the assessment protocol approved by the Director and the
Commissioner to identify prisoners and defendants who appear to meet the
definition of a sexually violent predator pursuant to subsections B and C,
including the specific screening instrument adopted and the criteria used to
determine whether a prisoner or defendant meets the definition of a sexually
violent predator and (ii) the number of prisoners screened pursuant to
subsection B and the number of prisoners identified as meeting the definition of
a sexually violent predator and referred to the CRC for assessment pursuant to
subsection D. Such report shall also include a comparison of the number of
defendants identified as appearing to meet the definition of a sexually violent
predator and referred to the CRC pursuant to subsection C in the previous year
and the five years immediately prior thereto.

HISTORY: 1999, cc. 946, 985, § 37.1-70.4; 2001, c. 776; 2003, cc. 989, 1018;
2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2010, c.
389; 2012, cc. 668, 800; 2018, c. 841.