The state government is legally authorized to commit sexually violent predators or SVPs. These people have a mental disease or a personality issue that makes them prone to repeatedly committing sexual crimes. The General Assembly of Virginia established this procedure in 1999 to give SVPs inpatient therapy rather than release them back into the community, where they are likely to offend again. The State Department of Behavioral Health & Developmental Services oversees the procedure. The basis of this procedure is the evaluation and advice of certified psychologists and psychiatrists.
But sometimes, a person could be misdiagnosed and sentenced to civil commitment even though they are least likely to re-offend. If you feel that you or someone you love is wrongly facing civil commitment in Virginia, you could help yourself by hiring an experienced sex crime attorney. The attorney will protect your rights and fight alongside you to ensure you reunite with your loved ones after serving time. Our services at Virginia Sex Crime Attorney aim at helping you avoid the burden and shame that result from a sex crime conviction. We will use the best possible strategies to compel the court to reconsider their decision to commit.
Legal Definition of Civil Commitment of Sexually Violent Predators
One of the most serious offenses under the law today is a sex crime. Sex crimes affect victims' mental, emotional, and physical well-being, among other aspects of their lives. Because of this, crimes like these carry severe penalties, including heavy fines and lengthy prison sentences. A sex offense conviction has further life-altering repercussions, like a discrediting criminal record and the potential for a civil commitment if you are deemed a sexually aggressive predator. Serious sexual offenders likely to commit new crimes if released into society typically undergo civil commitment.
Commitment ensures that the offender receives sufficient treatment for any mental illness or personality problem that increases their likelihood of committing sex offenses repeatedly. It also serves to protect the public. But for the program to be effective, the system must focus on the appropriate predators who could benefit from rehabilitation and treatment. To identify the underlying causes of an offender's behavior, a licensed psychologist or psychiatrist will first evaluate the offender as part of the commitment process. The psychologist or psychiatrist can suggest civil commitment if they conclude from the evaluation that the offender is likely to commit a sex offense if reintegrated back into society.
Understanding what civil commitment for sexually violent offenders means legally and what it means if you face it in Virginia is helpful. You can better comprehend what it comprises and how it affects your life and the lives of your loved ones with the assistance of an experienced sex crime lawyer. Here are some key components that could clarify what civil commitment entails:
Civil Commitment
It is a legal order forcing an individual to submit to a commitment to a treatment institution. Since the commitment is typically not voluntary, a qualified professional in mental health must adequately assess the situation and make a recommendation. The person must adhere to the recommended program once the court order is in place.
For those with a mental disease or mental ailment that leads them to conduct horrific crimes like sex crimes, civil commitments are typically recommended. In addition to ensuring that the person receives sufficient treatment for their sickness or disorder, commitment is necessary to protect others.
Therefore, following a conviction for an underlying sex crime, a person considered a sexually violent offender can face involuntary commitment to a mental health treatment facility. The time that judges can commit a sexual offender to a mental facility is not predetermined. But you will not be free until a mental health professional certifies you no longer threaten others.
Sexual Predators
They are individuals who have committed sex crimes. They could be people who have already served time for sex crimes or face sex crime charges. Sexual offenses like the following could label you as a sexual predator:
- Rape.
- Marital sexual abuse.
- Abducting a person for sexual purposes.
- Child pornography.
- Aggravated sexual penetration with a foreign object.
- Forcible sodomy.
- Sex trafficking.
- Entering an inhabited place to commit rape.
- Obtaining money for prostitution.
- Aiding or abetting prostitution or unlawful sexual acts involving minors.
- Using your car to promote illegal sexual acts like prostitution or sex crimes against minors.
Individuals serving prison sentences for crimes involving sexual violence are also considered sexual predators under the law. They include people about to be released from prison, those accused of sexually violent crimes, and even those determined to be incapable of standing trial in a criminal court.
How The Commitment Works
To identify sexually violent offenders, the State Department of Behavioral Health & Developmental Services has devised protocols. These are the procedures that the State Department of Corrections employs to screen suspects or individuals who have been found guilty of sexual assault. Predators suspected of being sexually violent are screened to determine the most likely reason for their actions. People likely to commit a sexual offense again are sent to a psychologist or psychiatrist for additional assessment. An interdisciplinary committee assumes control once a psychologist or psychiatrist has completed the evaluation to conduct a more thorough screening. That ensures that only qualified individuals receive civil commitment sentences.
A qualified interagency committee for such an examination comprises individuals with various professional backgrounds and members from several departments. They comprise the AG office’s officials, DBHDS, the Department of Corrections, and licensed psychologists and psychiatrists. The committee evaluates the case and then recommends whether or not the person should be legally committed to a rehab center. The position of the Commonwealth regarding whether or not the individual will benefit from the civil commitment is stated in the report from this committee.
After receiving that recommendation, the Commonwealth will file a petition for civil commitment, which starts a hearing to establish probable cause. The hearing must occur within 90 days of the Commonwealth's filing in circuit courts. The court must hold the defendant's trial within 120 days after receiving the petition from the Commonwealth and determining that the specified person is a sex offender likely to re-offend.
Finding out if the accused is a sexual offender is the goal of this trial. After the trial, the judge could free the defendant or permit their civil commitment to a rehab center. During the trial, the Commonwealth must sufficiently establish that the suspect is a sex offender who would benefit from inpatient treatment.
Throughout this hearing, you must be aware of your legal options as a defendant. Your attorney will battle to uphold your legal rights and ensure the court ultimately acts in your favor. You have the following rights throughout this trial:
- The right to legal assistance from a knowledgeable and accomplished criminal defense lawyer.
- The privilege of receiving sufficient notice of court proceedings.
- The right to speak up or not during the trial.
- The freedom to offer your ideas, evidence and cross-examine witnesses.
- The right to access, copy, and comprehend all court documents filed against you.
Please note that you are not allowed to contest the legality of any prior institutional or criminal convictions, charges, penalties, or the determination of the prison term. Additionally, unless the objection or defense is made through a written motion to dismiss, you cannot raise any defenses or objections concerning this court proceeding. If you want to raise them in court or defend yourself, you must provide the legal and factual justifications for your complaints to the action. You must submit that written motion within 14 days of the hearing.
You will be considered a sexually violent offender and committed to an inpatient treatment center if the trial continues without any objections. These facilities are typically intensive and secure. You will be entitled to a yearly review in your first years and every two years after five years. Upon each review, the judge will determine whether you deserve to remain in the treatment facility. However, if the review finds that you have made progress, you could qualify for release.
If your treatment following civil commitment goes well, you could get an unconditional release from the program. You will be under close monitoring by the department at that point. To ensure you are no longer a threat to the community, DBHDS will follow a release plan approved by the court. With the aid of a probation or parole officer and a GPS monitoring device, they will keep an eye on you after your release.
Also, after your release, the officer assigned to your case will be obliged to provide a report to the court twice a year outlining your compliance. The officer will also ensure you adhere to the department's release guidelines. Your release from the treatment program can be canceled if you break any of the rules related to it. As a result, you will return to the treatment center.
The Civil Commitment Review Committee
Regarding the civil commitments of sexually violent offenders, the review committee is crucial. The director of DBHDS creates this group. The committee's task is to investigate, assess, and offer suggestions regarding a sex offender's behavior. Despite being established by DBHDS, the State Department of Corrections manages the committee. This committee's members are hand-picked. Even though they are shielded from personal liability due to their duties, they could still be held accountable for any egregious errors or willful misconduct.
Typically, the committee has seven members, all nominated by the director. Members include:
- At least three permanent employees working under the State Department of Corrections.
- Three permanent employees under DBHDS, all appointed by the commissioner. At least one of these members must be a certified psychiatrist or psychologist practicing in the Commonwealth. That member must have the skills and experience in treating sexual predators.
- Deputy AG or any other deputy appointed from the AG's office.
Every month, the committee must convene. It must appoint a chairperson on its own to head meetings. The committee must get to work as soon as it is commissioned. Remember that part of its purpose is to evaluate suspects or convicted violent sex offenders and make recommendations. Upon completion of a report on a specific defendant, the committee must provide a written submission to the office of the AG. Once the defendant's case has been received, that must take place within six months.
An interview with a psychologist or psychiatrist must be a component of the evaluation process. The defendant must undertake a second interview with a different psychologist/psychiatrist if the committee receives their case after one of those professionals has already talked to them. A psychiatrist or psychologist will aim to determine if an individual is a sexually violent offender. They must provide the committee with a thorough examination, the findings, and any relevant supporting documentation. The committee will base its final judgment on several elements, like:
- Actuarial evaluation.
- Clinical evaluation.
- Any other relevant information the committee can find, including your treatment record and criminal and institutional background.
Following its evaluation, the committee will make a recommendation regarding your civil commitment to a center for sexually violent offenders. If not, you will be put in a program that allows you to leave jail after serving your sentence and return home. If you do not fit the description of a sexually violent offender, you are not committed. Supporting documentation, like your medical records, criminal history, and any other document demonstrating your status as a sexually violent offender, must be submitted with the committee's assessment results.
The committee will suggest that you be conditionally freed if you fail to meet the commitment requirements. This could occur if any of the following are true:
- You could benefit from intensive supervision and outpatient therapy to help you manage your condition so that you never require inpatient care.
- The supervision and therapy provided by your conditional release program are sufficient and suitable.
- The committee firmly believes that once you are released from custody, you will adhere to all of the terms of your release.
- Your release and assimilation into society pose no danger to the general public.
The Probable Cause Hearing
When a petition alleging that you are a sexually violent offender who should be civilly committed is filed against you, probable cause hearings are performed in criminal courts. The court must do the following after it receives the petition:
- Issue a directive to keep you incarcerated even after completing your entire sentence.
- Within 90 days, set up a probable cause hearing to determine whether you are a violent sexual offender.
To increase the 90-day time limit for this hearing, you could ask the court for a continuance. But before you ask for a continuance, you must have a good reason. The court clerk will draft the petition and make copies of it available to your lawyer or the person in charge of the treatment center where you are housed after the hearing date is scheduled. When that petition is delivered, you will receive a written description of your legal protections.
Probable cause hearings are performed entirely via electronic communication and audio. It enables the court to summon witnesses or other necessary participants for the hearing. However, this form of communication must adhere to specific requirements:
- People should be able to speak to one another simultaneously during the hearing.
- Real-time and live signal transmission should be available.
- It should be legally secure from outside interference except for the people communicating.
- It must abide by any additional requirements stated by the Chief Justice's office.
The judge will determine whether you have counsel before holding this hearing. Remember that you have a right to legal counsel throughout all relevant court proceedings. The court must appoint legal representation for you if you have none. However, the court must give you enough time to find legal representation if you can afford one.
The judge must acknowledge your objection and exclude any psychiatric and psychological evidence you offer if you refuse a mental evaluation.
The court will establish your identity during the hearing and decide if there is sufficient evidence to declare you a sexually violent offender. The prosecution can build its case with your earlier accusations, convictions, and supporting documentation. The prosecution team can also use as proof the actions and conduct that resulted in your sentence. Additionally, it could present trial transcripts, police reports, conviction reports, probation and parole reports, and reports on probation and parole supervision.
If you pass the committee's requirements, an expert witness can be asked to give a testimony. The specialist will express their assessment regarding your potential for repeat sexual violence.
The court will dismiss your accusations if you are still incarcerated and the judge sees no reason to believe you are a sexually violent predator. But you will continue to serve your sentence in jail. However, if you are only a defendant, the judge will dismiss the complaint against you and direct that you be released as a committed defendant.
The Trial To Commit a Sexual-Violent Predator
If the court finds reasonable cause to believe you are a sexually violent predator, the judge will schedule this hearing within 120 days of the hearing to establish probable cause. If you want this period extended, you must petition the court with a justification. If they have a compelling reason, the AG can also request an extension of this time frame.
During this trial, you will testify in front of a jury of seven members of a panel of thirteen. The jury will hear all the evidence presented against you to decide whether you are a sexually violent offender. For the court to order your civil commitment to a treatment center, it must deliver a unanimous decision. The jury's decision, in this case, will be upheld by the court. The judge bases their final judgment on the following criteria:
- The nature and circumstances of the sexual offense for which you are accused or found guilty, including the victim's age and maturity, and the findings of all of your tests, including the actuarial assessment of your chance of recidivism.
- The outcomes of your initial diagnosis.
- Your mental history, previous hospitalization, previous engagement in therapy or treatment, and previous treatment for a mental illness.
- Your criminal history, including the kind of offenses you committed while detained or hospitalized.
- If the court grants you a conditional discharge, your chances of finding a job and a place to live will increase.
- After a conditional discharge, the availability of the necessary resources and supervision will ensure your participation in the required treatment.
If you are a defendant accused of sexual assault, the judge will need more proof before ordering your commitment to a treatment center. After your conviction, they will need recommendations other than a prison sentence. The judge will take into account the following factors when making this choice:
- What type of treatment do you need.
- If less restrictive options for civil commitment are available, and if the outcomes are much better.
- The presence of alternate services, like medication, therapy, and counseling, that could meet your needs.
- Whether these options can accommodate the requirement for ongoing psychological and physical testing.
You can receive a conditional release instead of a prison sentence if the judge finds that the suggested alternative to punishment satisfies these qualifications. Wearing an electronic monitoring device so that the probation department is aware of your whereabouts at all times will be one of the terms of your release.
Find a Competent Sex Crime Lawyer Near Me
You could be eligible for civil commitment if you face sex-related charges or serve time after a sex crime conviction in Virginia. Defendants or inmates considered sexually violent offenders are subject to civil commitments. It seeks to give you the care and rehabilitation required to lessen your reoffending risk. But before a judge issues a civil commitment order, you must go through specific legal procedures. You must have sufficient legal representation to safeguard your rights, receive excellent counsel and support, and ensure the court acts in your best interests.
At Virginia Sex Crime Attorney, we also do more. We first ascertain your goals and work arduously to ensure you receive the most excellent result. Call us at 571-933-8494 to learn more about civil commitments and our services.