Virginia Center for Behavioral Rehabilitation & SVP Program

Item 319 #1h

Language
Page 282, line 2, strike "$24,779,453" and insert "$14,693,532".
Page 282, strike lines 13 through 15 and insert:
"A.1.  The Department of Behavioral Health and Developmental Services (DBHDS) shall implement a plan to double bunk up to 150 sexually violent predators committed to the Virginia Center for Behavioral Rehabilitation (VCBR).  The department shall not reopen a temporary facility for the housing, confinement and treatment of civilly committed sexually violent predators at the Southside Virginia Training Center in Dinwiddie County.  Further, the department shall not undertake a capital project to expand or construct additional units or facilities for the housing, confinement and treatment of these individuals until a comprehensive review of the current program for the civil commitment of sexually violent predators is completed.  The Department of Corrections shall assist DBHDS in developing the plan to double bunk residents and shall provide risk assessment data of the affected population.
2.  In the event that services are not available in Virginia to address the specific needs of an individual committed for treatment at the VCBR or conditionally released, or additional capacity cannot be met after double bunking up to 150 beds at the VCBR, the Commissioner is authorized to seek such services from another state.
3.   The Department of Behavioral Health and Developmental Services, in cooperation with the House Appropriations and Senate Finance Committees, the Department of Corrections, the Virginia Criminal Sentencing Commission, and the Office of the Attorney General, shall undertake a comprehensive review of the civil commitment of sexually violent predators at the Virginia Center for Behavioral Rehabilitation (VCBR) and the conditional release program administered by the department.  The review shall examine current law and sentencing practices related to the incarceration of sexually violent predators currently committed to the VCBR, including convictions and time served for predicate crimes; the screening and assessment process for identifying those individuals who could be eligible for civil commitment as sexually violent predators, including the use of the current risk assessment instrument; the commitment review process; and the impact of these factors on the projected numbers of individuals likely to be civilly committed.   In addition, the review shall examine other states' programs for the involuntary civil commitment of sexually violent predators and conditional release programs and determine how their operations and costs compare to the current program operated in Virginia.
4. In addition, the Department shall examine the costs of providing for the civil commitment of sexually violent predators at the Virginia Center for Behavioral Rehabilitation, including an analysis of security and treatment staff ratios, and the provision of other services, as well as a comparison of these cost elements with those of other states with institutional civil commitment programs.  As part of this examination, the Department of Corrections shall conduct a risk assessment of the security needs for the facility, and supply information on risk assessments of the population at the time of their discharge from custody in the Department of Corrections.
5.   The Department shall provide an interim report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees on the results of its programmatic and fiscal review by July 1, 2011, with a final report to be completed by November 1, 2011."

Explanation
(This amendment requires the Department of Behavioral Health and Developmental Services to conduct a comprehensive review of the civil commitment of sexually violent predators, prior to proceeding with the expansion or construction of additional units or facilities for the housing, confinement and treatment of these individuals. The amendment reduces $10.1 million from the general fund and 298 positions in the second year to reflect a delay in reopening a temporary facility in Dinwiddie County to confine, house and treat civilly committed sexually violent predators, the implementation of more efficient staffing ratios, and the use of double bunking. Authority is provided to seek services from other states for involuntarily civilly committed violent sexual predators or those conditionally released, if certain conditions are met. Language also requires the Department of Corrections (DOC) to assist DBHDS in developing a plan to double bunk the population at the current facility, provide risk assessment data and conduct a risk assessment of the security needs of the facility, including the provision of risk assessments of the population at the time they were discharged from DOC custody.)