37.2-903 - Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC.
§ 37.2-903. Database of prisoners convicted of sexually violent offenses;maintained by Department of Corrections; notice of pending release to CRC.
A. The Director shall establish and maintain a database of each prisoner inhis custody who is (i) incarcerated for a sexually violent offense or (ii)serving or will serve concurrent or consecutive time for another offense inaddition to time for a sexually violent offense. The database shall includethe following information regarding each prisoner: (a) the prisoner'scriminal record and (b) the prisoner's sentences and scheduled date ofrelease. A prisoner who is serving or will serve concurrent or consecutivetime for other offenses in addition to his time for a sexually violentoffense, shall remain in the database until such time as he is released fromthe custody or supervision of the Department of Corrections or VirginiaParole Board for all of his charges. Prior to the initial assessment of aprisoner under subsection C, the Director shall order a national criminalhistory records check to be conducted on the prisoner.
B. Each month, the Director shall review the database and identify all suchprisoners who are scheduled for release from prison within 10 months from thedate of such review who receive a score of five or more on the Static-99 or asimilar score on a comparable, scientifically validated instrument designatedby the Commissioner, or a score of four on the Static-99 or a similar scoreon a comparable, scientifically validated instrument if the sexually violentoffense mandating the prisoner's evaluation under this section was aviolation of § 18.2-67.3 where the victim was under the age of 13 andsuffered physical bodily injury and any of the following where the victim wasunder the age of 13: § 18.2-61, 18.2-67.1, or 18.2-67.2.
C. If the Director and the Commissioner agree that no specific scientificallyvalidated instrument exists to measure the risk assessment of a prisoner, theprisoner may instead be screened by a licensed psychiatrist, licensedclinical psychologist, or a licensed mental health professional certified bythe Board of Psychology as a sex offender treatment provider pursuant to §54.1-3600 for an initial determination of whether or not the prisoner maymeet the definition of a sexually violent predator.
D. Upon the identification of such prisoners, the Director shall forwardtheir names, their scheduled dates of release, and copies of their files tothe CRC for assessment.
(1999, cc. 946, 985, § 37.1-70.4; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2006, cc. 863, 914; 2007, c. 876; 2009, c. 740; 2010, c. 389.)