37.2-900 - Definitions.
§ 37.2-900. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Commissioner" means the Commissioner of Behavioral Health andDevelopmental Services.
"Defendant" means any person charged with a sexually violent offense who isdeemed to be an unrestorably incompetent defendant pursuant to § 19.2-169.3and is referred for commitment review pursuant to this chapter.
"Department" means the Department of Behavioral Health and DevelopmentalServices.
"Director" means the Director of the Department of Corrections.
"Mental abnormality" or "personality disorder" means a congenital oracquired condition that affects a person's emotional or volitional capacityand renders the person so likely to commit sexually violent offenses that heconstitutes a menace to the health and safety of others.
"Respondent" means the person who is subject of a petition filed under thischapter.
"Sexually violent offense" means a felony under (i) former § 18-54, former§ 18.1-44, subdivision 5 of § 18.2-31, § 18.2-61, 18.2-67.1, or 18.2-67.2;(ii) § 18.2-48 (ii), 18.2-48 (iii), 18.2-63, 18.2-64.1, or 18.2-67.3; (iii)subdivision 1 of § 18.2-31 where the abduction was committed with intent todefile the victim; (iv) § 18.2-32 when the killing was in the commission of,or attempt to commit rape, forcible sodomy, or inanimate or animate objectsexual penetration; (v) the laws of the Commonwealth for a forcible sexualoffense committed prior to July 1, 1981, where the criminal behavior is setforth in § 18.2-67.1 or 18.2-67.2, or is set forth in § 18.2-67.3; or (vi)conspiracy to commit or attempt to commit any of the above offenses.
"Sexually violent predator" means any person who (i) has been convicted ofa sexually violent offense, or has been charged with a sexually violentoffense and is unrestorably incompetent to stand trial pursuant to §19.2-169.3; and (ii) because of a mental abnormality or personality disorder,finds it difficult to control his predatory behavior, which makes him likelyto engage in sexually violent acts.
(1999, cc. 946, 985, § 37.1-70.1; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, cc. 740, 813, 840.)