                                 CODE OF VIRGINIA

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 (§ 37.2-905)

A. Upon receipt of a recommendation by the CRC regarding an eligible prisoner or
an unrestorably incompetent defendant for review pursuant to &#xA7; 19.2-169.3,
the Attorney General shall have 90 days to conduct a review of the prisoner or
defendant and (i) file a petition for the civil commitment of the prisoner or
defendant as a sexually violent predator and stating sufficient facts to support
such allegation or (ii) notify the Director and Commissioner, in the case of a
prisoner, or the referring court and the Commissioner, in the case of an
unrestorably incompetent defendant, that he will not file a petition for
commitment. Petitions for commitment shall be filed in the circuit court for the
judicial circuit or district in which the prisoner was last convicted of a
sexually violent offense or in the circuit court for the judicial circuit or
district in which the defendant was deemed unrestorably incompetent and referred
for commitment review pursuant to &#xA7; 19.2-169.3.

B. If the Attorney General decides not to file a petition for the civil
commitment of a prisoner or defendant, or if a petition is filed but is
dismissed for any reason, the Attorney General and the Director may share any
relevant information with the probation and parole officer who is to supervise
the prisoner and with the Department to the extent allowed by state and federal
law.

HISTORY: 1999, cc. 946, 985, § 37.1-70.6; 2001, c. 776; 2003, cc. 989, 1018;
2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c.
740.