Virginia 2023 Regular Session Status: Enacted

SB 973 — Sexually violent predators; civil commitment, penalty.

Last action — Acts of Assembly Chapter text (CHAP0380)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 06, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 23, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 10 recorded votes so far — a real headwind.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

58 added · 57 removed

Plain-language change summary

The recent amendment to SB 973 clarifies the criteria for conditional release of sexually violent predators by emphasizing the need for appropriate outpatient supervision and treatment. It ensures that courts must consider a broader range of factors, including the respondent's mental condition and living arrangements, when deciding about their release. This change is significant because it aims to balance public safety with the treatment needs of offenders, potentially allowing for their reintegration into society under strict conditions.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 37.2-912 of the Code of Virginia, relating to civil commitment ofN sexually violent predators;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 380 An Act to amend and reenact § 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators;
R O [S 973] Approved L L Be it enacted by the General Assembly of Virginia:
[S 973] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:
E § 37.2-912.
§ 37.2-912.
D this chapter, it shall place the respondent on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment;
A.
(ii) appropriate outpatient supervision and treatment are reasonably available;
At any time the court considers the respondent's need for secure inpatient treatment pursuant to this chapter, it shall place the respondent on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment;
(iii) there is significant reason to believe that the respondent, if conditionally released, would comply with the conditions specified;
(ii) appropriate outpatient respondent, if conditionally released, would comply with the conditions specified;
and (iv) conditional release will not present an undue risk to public safety.
and (iv) conditionalhe release will not present an undue risk to public safety.
In making its determination, the court may consider (i) (a) the nature and circumstances of the sexually violent offense for which the resBondent was charged or convicted, including the age and maturity of the victim;
In making its determination, the court may consider (i) (a) the nature and circumstances of the sexually violent offense for which the respondent was charged or convicted, including the age and maturity of the victim;
(ii) (b) the results of7any previously administered to the respondent under this chapter;
(ii) (b) the results of any actuarial test, including the likelihood of recidivism;
(iv) (d) the respondent's mental Eistory, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations;
(iii) (c) the results of any diagnostic tests previously administered to the respondent under this chapter;
(iv) (d) the respondent's mental history, including treatments for mental illness or mental disorders, participation in and response to therapy or treatment, and any history of previous hospitalizations;
The court shall subject supervision and best serve the interests of justice and society.
The court shall subject the respondent to the orders and conditions it deems will best meet his need for treatment and supervision and best serve the interests of justice and society.
The Department of Behavioral Health and Developmental Services is authorized to contract with the predators who are on conditional release.ices for the monitoring and supervision of sexually violent The Department or, if the respondent is on parole or probation, the respondent's parole or probation officer shall send a copy of each written report submitted to the court and copies of all correspondence with the court pursuant to this section to the Attorney General and the Commissioner.
The Department of Behavioral Health and Developmental Services is authorized to contract with the Department of Corrections to provide services for the monitoring and supervision of sexually violent predators who are on conditional release.
The Department or, if the respondent is on parole or probation, the respondent's parole or probation officer shall send a copy of each written report submitted to the court and copies of all correspondence with the court pursuant to this section to the Attorney General and the Commissioner.
Notwithstanding any other provision of law, when any respondent is placed on conditional release under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department, or if the respondent is on parole or probation, the respondent's parole or probation officer, all relevant criminal history information, medical and mental health records, presentence and to this chapter, for use in the management and treatment of the respondent placed on conditional release.
Notwithstanding any other provision of law, when any respondent is placed on conditional release under this article, the Department of Corrections and the Office of the Attorney General shall provide to the Department, or if the respondent is on parole or probation, the respondent's parole or probation officer, all relevant criminal history information, medical and mental health records, presentence and postsentence reports and victim impact statements, and the mental health evaluations performed pursuant to this chapter, for use in the management and treatment of the respondent placed on conditional release.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact ofssion I, $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities;
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary of 2 appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
therefore, Chapter 2 of the Acts of Assembly of 2022, Special Session I, requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000.
Pursuant to § 30-19.1:4 of the Code of Virginia, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.
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Action History

  1. Acts of Assembly Chapter text (CHAP0380)

  2. Approved by Governor-Chapter 380 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill Communicated to Governor on March 13, 2023

  5. Impact statement from DPB (SB973ER)

  6. Signed by Speaker

  7. Signed by President

  8. Bill text as passed Senate and House (SB973ER)

  9. Enrolled

  10. VOTE: Adoption (95-Y 0-N)

  11. Conference report agreed to by House (95-Y 0-N)

  12. Conference report agreed to by Senate (40-Y 0-N)

  13. Amended by conference committee

  14. Delegates: Durant, Adams, L.R., Watts

  15. Conferees appointed by House

  16. Senators: Peake, Surovell, Deeds

  17. Conferees appointed by Senate

  18. Senate acceded to request (40-Y 0-N)

  19. House requested conference committee

  20. House insisted on substitute

  21. House substitute rejected by Senate (18-Y 22-N)

  22. Passed by temporarily

  23. Impact statement from DPB (SB973H1)

  24. VOTE: Block Vote Passage (99-Y 0-N)

  25. Passed House with substitute BLOCK VOTE (99-Y 0-N)

  26. Engrossed by House - committee substitute SB973H1

  27. Committee substitute agreed to 23106683D-H1

  28. Read third time

  29. Read second time

  30. Impact statement from VCSC (SB973H1)

  31. Committee substitute printed 23106683D-H1

  32. Reported from Courts of Justice with substitute (19-Y 0-N)

  33. Referred to Committee for Courts of Justice

  34. Read first time

  35. Placed on Calendar

  36. Impact statement from DPB (SB973S1)

  37. Read third time and passed Senate (39-Y 0-N)

  38. Engrossed by Senate - committee substitute SB973S1

  39. Committee substitute agreed to 23105205D-S1

  40. Reading of substitute waived

  41. Read second time

  42. Passed by for the day

  43. Constitutional reading dispensed (40-Y 0-N)

  44. Reported from Finance and Appropriations (14-Y 0-N 1-A)

  45. Impact statement from VCSC (SB973S1)

  46. Rereferred to Finance and Appropriations

  47. Committee substitute printed 23105205D-S1

  48. Reported from Judiciary with substitute (15-Y 0-N)

  49. Impact statement from DPB (SB973)

  50. Impact statement from VCSC (SB973)

  51. Referred to Committee on the Judiciary

  52. Prefiled and ordered printed; offered 01/11/23 23101625D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

Show all 147 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 973?
SB 973 is sponsored by Mark J. Peake.
What is the current status of SB 973?
This bill has been enacted into law. Introduced January 06, 2023. Enacted.
Where can I track SB 973?
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