77544137.2-904Virginia Decodedhttps://vacode.org2016Behavioral Health And Developmental ServicesAdmissions And DispositionsCivil Commitment Of Sexually Violent PredatorsCRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation1999, cc. 946, 985, § 37.1-70.5; 2001, c. 776; 2003, cc. 989, 1018; 2004, c. 764; 2005, cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2011, c. 42; 2012, cc. 668, 800.Warrington v. Com.092273699 S.E.2d 2332010-09-16https://www.courtlistener.com/opinion/1058142/warrington-v-com/ . . . treatment" criterion required under Code § 37.2-904. The Attorney General requested a continuance . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Wynn072412671 S.E.2d 1372009-01-16https://www.courtlistener.com/opinion/1058412/com-v-wynn/ . . . health examination of Wynn pursuant to Code § 37.2-904(B). Dr. Miller was the only mental health . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Hood v. Com.092402701 S.E.2d 4212010-11-04https://www.courtlistener.com/opinion/1058126/hood-v-com/ . . . mental health examination as required by Code § 37.2-904. Glenn Rex Miller, Jr., Ph.D., a licensed . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Miller061015643 S.E.2d 2082007-04-20https://www.courtlistener.com/opinion/1058679/com-v-miller/ . . . treatment" of sex offenders as required by Code § 37.2-904, because she did not treat them as a . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Rhoten v. Commonwealth1304562013-10-31https://www.courtlistener.com/opinion/2620442/rhoten-v-commonwealth/ . . . conditional release or not be committed. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Com. v. Jackson070524661 S.E.2d 8102008-06-06https://www.courtlistener.com/opinion/1058494/com-v-jackson/ . . . Laws ch. 123A, § 14(a). . . . <abbr title="Supreme Court of Virginia">SCV</abbr>Harris v. Com.090655688 S.E.2d 2792010-01-15https://www.courtlistener.com/opinion/1058256/harris-v-com/ . . . states: . . . <abbr title="Supreme Court of Virginia">SCV</abbr>DeMille v. Commonwealth1101002012-01-13https://www.courtlistener.com/opinion/1057960/demille-v-commonwealth/ . . . to civil . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/37.2-904/37.2-900Definitions/37.2-900/37.2-903Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC/37.2-903/37.2-907Right to assistance of experts; compensation/37.2-907//37.2-904/37.2/3/9/37.2-90419.2-169.337.2-90237.2-905.137.2-90637.2-90737.2-90837.2-909Within 180 days of receiving from the Director the name of a prisoner or defendant who has been assessed by the Director pursuant to § 37.2-903, the CRC shall (i) complete its assessment of the prisoner or defendant for possible commitment pursuant to subsection B and (ii) forward its written recommendation regarding the prisoner or defendant to the Attorney General pursuant to subsection C.sectionAA1Following the examination and review conducted pursuant to subsection B, the CRC shall recommend that the prisoner or defendant (i) be committed as a sexually violent predator pursuant to this chapter; (ii) not be committed, but be placed in a conditional release program as a less restrictive alternative; or (iii) not be committed because he does not meet the definition of a sexually violent predator. To assist the Attorney General in his review, the Department of Corrections, the CRC, and the psychiatrist or psychologist who conducts the mental health examination pursuant to this section shall provide the Attorney General with all evaluation reports, prisoner records, criminal records, medical files, and any other documentation relevant to determining whether a prisoner or defendant is a sexually violent predator.sectionCC1Pursuant to clause (ii) of subsection C, the CRC may recommend that a prisoner or defendant enter a conditional release program if it finds that (i) he does not need inpatient treatment, but needs outpatient treatment and monitoring to prevent his condition from deteriorating to a degree that he would need inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that, if conditionally released, he would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety.sectionDD1Notwithstanding any other provision of law, any mental health professional employed or appointed pursuant to subsection B or § 37.2-907 shall be permitted to copy and possess any presentence or postsentence reports and victim impact statements. The mental health professional shall not disseminate the contents of the reports or the actual reports to any person or entity and shall only utilize the reports for use in examinations, creating reports, and testifying in any proceedings pursuant to this article.sectionEE1If the CRC deems it necessary to have the services of additional experts in order to complete its review of the prisoner or defendant, the Commissioner shall appoint such qualified experts as are needed.sectionFF1