37.2-905 - Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Departm - Virginia Statutes

§ 37.2-905. Review of prisoners convicted of a sexually violent offense;review of unrestorably incompetent defendants charged with sexually violentoffenses; petition for commitment; notice to Department of Corrections orreferring court regarding disposition of review.

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

B. If the Attorney General decides not to file a petition for the civilcommitment of a prisoner or defendant, or if a petition is filed but isdismissed for any reason, the Attorney General and the Director may share anyrelevant information with the probation and parole officer who is tosupervise the prisoner and with the Department to the extent allowed by stateand federal law.

(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.)