RD303 - Sexually Violent Predator Referral, Commitment, and Bed Utilization Forecast For FY2009 - FY2014 - October 1, 2008


Executive Summary:
This report is submitted in accordance with Item 282 B.I-3. of the 2008 Appropriation Act, which directs that:

"B. 1. The Secretary of Health and Human Resources in collaboration of 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 the 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 (VCBR) 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 the DMHMRSAS, on a monthly basis, the status of all SVP cases pending before their office for purposes of forecasting the SVP population."

In Virginia, persons civilly committed as SVP are housed in the Virginia Center for Behavioral Rehabilitation (VCBR) in Nottoway County. This facility, designed in 2000 under the existing state law, has a maximum capacity of 300 residents. At that time, maximum occupancy was not anticipated until after 2016.

However, changes to the Code of Virginia regarding the SVP population made during the 2006 General Assembly more than tripled the number of persons becoming eligible for SVP civil commitment. These same changes also created a new sub-population of SVP - seriously mentally ill and intellectually disabled (ID) individuals, charged with an SVP qualifying offense and found to be unrestorably incompetent to stand trial (URIST) under §19.2-l69.3 and §37.2900 et seq.

As a result, the Virginia Center for Behavioral Rehabilitation (VCBR) census will grow by approximately 56 residents each year. At this rate, maximum census will be reached no later than July 2012 (forecast date is mid-April 2012). Once VCBR reaches capacity, new resources will have to be created to safely house individuals civilly committed as sexually violent predators (SVP).

To accommodate outgrowing the capacity of VCBR, the Commonwealth must resolve the capacity demands in the very near future. The two most obvious choices seem to be constructing additional SVP housing or finding a way to reduce the rate of commitments to VCBR. It seems the most reasonable and least costly alternative for slowing SVP commitments is to increase the use of SVP conditional release to the community.

The Department's experience with SVP conditional release suggests that it is a safe and viable alternative to secure civil commitment for some individuals. To date, no individual on SVP conditional release has been accused or charged with a new sex crime. A few individuals have had their conditional release revoked for technical violations such as refusing treatment or unauthorized use of alcohol.

The Department is currently examining how other SVP states have used this approach. Housing is the single greatest impediment to placing persons found SVP on conditional release. Housing alternatives will need to be developed to facilitate an expanded use of SVP conditional release in Virginia.