2006 Special Session I

Budget Amendments - HB5002 (Conference Report)

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Forecast of Sexually Violent Predators (language only)

Item 278 #1c

Item 278 #1c

Health And Human Resources
Secretary Of Health And Human Resources

Page 235, line 8, before "Out", insert "A."
Page 235, after line 20, insert:
"B.1.  The Secretary of Health and Human Resources, in collaboration with the Office of the Attorney General and the Secretary of Public Safety, shall present a six-year forecast of the adult offender population presently incarcerated in the Department of Corrections and approaching release who meet the criteria set forth in Chapter 863 and Chapter 914 of the 2006 Acts of Assembly, and who may be eligible for evaluation as sexually violent predators (SVPs) for each fiscal year within the six-year forecasting period.  As part of the forecast, the Secretary shall report on:
(i) the number of Commitment Review Committee (CRC) evaluations to be completed; (ii) the number of eligible inmates recommended by the CRC for civil commitment, conditional release, and full release; (iii) the number of civilly committed residents of the Virginia Center for Behavioral Rehabilitation who are eligible for annual review; and (iv)  the number of individuals civilly committed to the Virginia Center for Behavioral Rehabilitation and granted conditional release from civil commitment in a state SVP facility.  The Secretary shall complete a summary report of current SVP cases and a forecast of SVP eligibility, civil commitments, and SVP conditional releases, including projected bed space requirements, to the Governor and Senate Finance and House Appropriations Committees by October 1 of each year.
2.  As part of the forecast process, the Department of Corrections shall administer a STATIC-99 screening to all potential Sexually Violent Predators eligible for civil commitment pursuant to § 37.2-900 et seq., Code of Virginia, within 6 months of admission to the Department of Corrections.  The results of such screenings shall be provided to the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS) on a monthly basis and used for the SVP population forecast process.
3.  The Office of the Attorney General shall also provide to the Commissioner of DMHMRSAS, on a monthly basis, the status of all SVP cases pending before their office for purposes of forecasting the SVP population."

(This amendment requires the Secretary of Health and Human Resources to set up a forecast process for estimating the number of individuals who may be released from prison and civilly committed as sexually violent predators to a state facility or granted conditional release and require monitoring and/or treatment. The Office of the Attorney General and the Department of Corrections are required to collaborate and provide information to be used in the forecasting process.)