Virginia 2023 Regular Session Status: Enacted

HB 1931 — Sexually violent predators; civil commitment, penalty.

Last action — Acts of Assembly Chapter text (CHAP0379)

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

This bill has been enacted into law. Introduced January 10, 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 8 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 amendment to § 37.2-912 of the Code of Virginia changes the criteria for placing a respondent on conditional release. Specifically, it clarifies the conditions under which a court can determine if a respondent does not need secure inpatient treatment but requires outpatient care. This includes a focus on the availability of appropriate outpatient supervision and treatment as well as the likelihood of the respondent complying with specified conditions. The changes aim to ensure that the court’s evaluation considers essential factors related to the safety and well-being of both the respondent and the public.

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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 379 An Act to amend and reenact § 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators;
R O [H 1931] Approved L L Be it enacted by the General Assembly of Virginia:
[H 1931] 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 resHondent 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 of1any previously administered to the respondent under this chapter;
(ii) (b) the results of any actuarial test, including the likelihood of recidivism;
(iii) (c) the results of any diagnostic tests previously administered to the respondent under this chapter;
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 (CHAP0379)

  2. Approved by Governor-Chapter 379 (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. Signed by President

  6. Signed by Speaker

  7. Impact statement from DPB (HB1931ER)

  8. Bill text as passed House and Senate (HB1931ER)

  9. Enrolled

  10. VOTE: Adoption (97-Y 0-N)

  11. Senate substitute agreed to by House 23106925D-S1 (97-Y 0-N)

  12. Passed Senate with substitute (40-Y 0-N)

  13. Engrossed by Senate - committee substitute HB1931S1

  14. Committee substitute agreed to 23106925D-S1

  15. Reading of substitute waived

  16. Read third time

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

  18. Impact statement from DPB (HB1931S1)

  19. Reported from Finance and Appropriations (16-Y 0-N)

  20. Impact statement from VCSC (HB1931S1)

  21. Rereferred to Finance and Appropriations

  22. Committee substitute printed 23106925D-S1

  23. Reported from Judiciary with substitute (14-Y 0-N)

  24. Referred to Committee on the Judiciary

  25. Constitutional reading dispensed

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

  27. Read third time and passed House BLOCK VOTE (99-Y 0-N)

  28. Read second time and engrossed

  29. Read first time

  30. Reported from Courts of Justice (20-Y 0-N)

  31. Subcommittee recommends reporting (8-Y 0-N)

  32. Assigned Courts sub: Subcommittee #1

  33. Impact statement from DPB (HB1931)

  34. Impact statement from VCSC (HB1931)

  35. Referred to Committee for Courts of Justice

  36. Prefiled and ordered printed; offered 01/11/23 23100767D

Sponsors

  • Durant · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Durant

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
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Frequently asked questions

Who sponsors HB 1931?
HB 1931 is sponsored by Durant.
What is the current status of HB 1931?
This bill has been enacted into law. Introduced January 10, 2023. Enacted.
Where can I track HB 1931?
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