37.2-906 - Probable cause hearing.
§ 37.2-906. Probable cause hearing.
A. Upon the filing of a petition alleging that the respondent is a sexuallyviolent predator, the circuit court shall (i) forthwith order that until afinal order is entered in the proceeding, in the case of a prisoner, heremain in the secure custody of the Department of Corrections or, in the caseof a defendant, he remain in the secure custody of the Department and (ii)schedule a hearing within 90 days to determine whether probable cause existsto believe that the respondent is a sexually violent predator. The respondentmay waive his right to a hearing under this section. A continuance extendingthe case beyond the 90 days may be granted to either the Attorney General orthe respondent upon good cause shown or by agreement of the parties. Theclerk shall mail a copy of the petition to the attorney appointed or retainedfor the respondent and to the person in charge of the facility in which therespondent is then confined. The person in charge of the facility shall causethe petition to be delivered to the respondent and shall certify the deliveryto the clerk. In addition, a written explanation of the sexually violentpredator involuntary commitment process and the statutory protectionsassociated with the process shall be given to the respondent at the time thepetition is delivered.
B. Prior to any hearing under this section, the judge shall ascertain if therespondent is represented by counsel and, if he is not represented bycounsel, the judge shall appoint an attorney to represent him. However, ifthe respondent requests an opportunity to employ counsel, the court shallgive him a reasonable opportunity to employ counsel at his own expense.
C. At the probable cause hearing, the judge shall (i) verify the respondent'sidentity and (ii) determine whether probable cause exists to believe that heis a sexually violent predator. The existence of any prior convictions orcharges may be shown with affidavits or documentary evidence. The detailsunderlying the commission of an offense or behavior that led to a priorconviction or charge may be shown by affidavits or documentary evidence,including but not limited to, hearing and/or trial transcripts, probation andparole and sentencing reports, police and sheriffs' reports, and mentalhealth evaluations. If he meets the qualifications set forth in subsection Bof § 37.2-904, the expert witness may be permitted to testify at the probablecause hearing as to his diagnosis, his opinion as to whether the respondentmeets the definition of a sexually violent predator, his recommendations asto treatment, and the basis for his opinions. Such opinions shall not bedispositive of whether the respondent is a sexually violent predator.
D. In the case of a prisoner in the custody of the Department of Corrections,if the judge finds that there is not probable cause to believe that therespondent is a sexually violent predator, the judge shall dismiss thepetition, and the respondent shall remain in the custody of the Department ofCorrections until his scheduled date of release from prison. In the case of adefendant, if the judge finds that there is not probable cause to believe therespondent is a sexually violent predator, the judge shall dismiss thepetition and order that the respondent be discharged, involuntarily admittedpursuant to §§ 37.2-814 through 37.2-819, or certified for admission pursuantto § 37.2-806.
(1999, cc. 946, 985, § 37.1-70.7; 2001, c. 776; 2004, c. 764; 2005, c. 716;2006, cc. 863, 914; 2007, c. 876; 2009, c. 740.)