Sexually violent predators; civil commitment. (HB2671)

Introduced By

Del. Morgan Griffith (R-Salem) with support from 11 copatrons, whose average partisan position is:

Those copatrons are Del. Clay Athey (R-Front Royal), Del. Anne Crockett-Stark (R-Wytheville), Del. Tim Hugo (R-Centreville), Del. Terry Kilgore (R-Gate City), Del. Steve Landes (R-Weyers Cave), Del. John O'Bannon (R-Richmond), Del. Chris Saxman (R-Staunton), Del. Beverly Sherwood (R-Winchester), Del. John Welch (R-Virginia Beach), Sen. John Cosgrove (R-Chesapeake), Sen. Lionell Spruill (D-Chesapeake)

Description

Sexually violent predators; civil commitment. Adds the following as sexually violent offenses: indecent liberties and indecent liberties by a person in a custodial or supervisory relationship, capital murder in the commission of, or subsequent to a rape or attempted rape, sodomy or forcible sodomy or object sexual penetration, capital murder in the commission of an abduction committed with intent to defile the victim, and first and second degree murder when the killing was in the commission of, or attempt to commit rape, forcible sodomy, or object sexual penetration. Provides that any prisoner convicted of a sexually violent offense will be referred to the Commitment Review Committee (CRC) to be evaluated for civil commitment if he scores a minimum of four on the Static-99. Under current law, prisoners convicted of certain offenses (statutory rape, sodomy or object sexual penetration with child under age 13, and aggravated sexual battery with child under age 13 who suffered physical injury) are referred with a score of four, and the remainder are referred with a five. The bill also provides that certain provisions regarding the identification, review, and preparation for filing a petition for commitment are procedural and not substantive or jurisdictional, and that absent gross negligence or willful misconduct, failure to comply is not a basis upon which a court can deny civil commitment or conditional release. Reduces from five to four the number of members the seven member Commitment Review Committee needs for a quorum. Allows the CRC 120 instead of 90 days after receiving the name of an individual eligible to be evaluated for civil commitment to complete its assessment and submit its recommendation to the Attorney General. The bill grants access to a variety of records to the Department of Mental Health, the CRC, and the Department of Corrections and provides that the existence of prior convictions or charges may be shown with affidavits or documentary evidence. Conditional release provisions are modified and it is expressly stated that medications that lower testosterone may not be used as a primary reason for determining that alternatives less restrictive than full commitment are appropriate. Read the Bill »

Status

04/04/2007: enacted

History