A. Any respondent committed pursuant to this chapter shall be placed in thecustody of the Department for control, care, and treatment until such time asthe respondent's mental abnormality or personality disorder has so changedthat the respondent will not present an undue risk to public safety. TheDepartment shall provide such control, care, and treatment at a securefacility operated by it or may contract with private or public entities, inor outside of the Commonwealth, or with other states to provide comparablecontrol, care, or treatment. At all times, respondents committed for control,care, and treatment by the Department pursuant to this chapter shall be keptin a secure facility. Respondents committed under this chapter shall besegregated by sight and sound at all times from prisoners in the custody of acorrectional facility. The Commissioner may make treatment and managementdecisions regarding committed respondents in his custody without obtainingprior approval of or review by the committing court.
B. Prior to the siting of a new facility or the designation of an existingfacility to be operated by the Department for the control, care, andtreatment of committed respondents, the Commissioner shall notify the stateelected officials for and the local governing body of the jurisdiction of theproposed location, designation, or expansion of the facility. Upon receivingsuch notice, the local governing body of the jurisdiction of the proposedsite or where the existing facility is located may publish a descriptivenotice concerning the proposed site or existing facility in a newspaper ofgeneral circulation in the jurisdiction.
The Commissioner also shall establish an advisory committee relating to anyfacility for which notice is required by this subsection or any facilitybeing operated for the purpose of the control, care, and treatment ofcommitted respondents. The advisory committee shall consist of state andlocal elected officials and representatives of community organizationsserving the jurisdiction in which the facility is proposed to be or islocated. Upon request, the members of the appropriate advisory committeeshall be notified whenever the Department increases the number of beds in therelevant facility.
C. Notwithstanding any other provision of law, when any respondent iscommitted under this article, the Department of Corrections and the Office ofthe Attorney General shall provide to the Department of Behavioral Health andDevelopmental Services, a copy of all relevant criminal history information,medical and mental health records, presentence or postsentence reports andvictim impact statements, and the mental health evaluations performedpursuant to subsection B of § 37.2-904 and § 37.2-907, for use in thetreatment and evaluation of the committed respondent.
(1999, cc. 946, 985, § 37.1-70.10; 2001, c. 776; 2003, cc. 989, 1018; 2004,c. 707; 2005, cc. 716, 914; 2009, cc. 740, 813, 840.)
A. Any respondent committed pursuant to this chapter shall be placed in thecustody of the Department for control, care, and treatment until such time asthe respondent's mental abnormality or personality disorder has so changedthat the respondent will not present an undue risk to public safety. TheDepartment shall provide such control, care, and treatment at a securefacility operated by it or may contract with private or public entities, inor outside of the Commonwealth, or with other states to provide comparablecontrol, care, or treatment. At all times, respondents committed for control,care, and treatment by the Department pursuant to this chapter shall be keptin a secure facility. Respondents committed under this chapter shall besegregated by sight and sound at all times from prisoners in the custody of acorrectional facility. The Commissioner may make treatment and managementdecisions regarding committed respondents in his custody without obtainingprior approval of or review by the committing court.
B. Prior to the siting of a new facility or the designation of an existingfacility to be operated by the Department for the control, care, andtreatment of committed respondents, the Commissioner shall notify the stateelected officials for and the local governing body of the jurisdiction of theproposed location, designation, or expansion of the facility. Upon receivingsuch notice, the local governing body of the jurisdiction of the proposedsite or where the existing facility is located may publish a descriptivenotice concerning the proposed site or existing facility in a newspaper ofgeneral circulation in the jurisdiction.
The Commissioner also shall establish an advisory committee relating to anyfacility for which notice is required by this subsection or any facilitybeing operated for the purpose of the control, care, and treatment ofcommitted respondents. The advisory committee shall consist of state andlocal elected officials and representatives of community organizationsserving the jurisdiction in which the facility is proposed to be or islocated. Upon request, the members of the appropriate advisory committeeshall be notified whenever the Department increases the number of beds in therelevant facility.
C. Notwithstanding any other provision of law, when any respondent iscommitted under this article, the Department of Corrections and the Office ofthe Attorney General shall provide to the Department of Behavioral Health andDevelopmental Services, a copy of all relevant criminal history information,medical and mental health records, presentence or postsentence reports andvictim impact statements, and the mental health evaluations performedpursuant to subsection B of § 37.2-904 and § 37.2-907, for use in thetreatment and evaluation of the committed respondent.
(1999, cc. 946, 985, § 37.1-70.10; 2001, c. 776; 2003, cc. 989, 1018; 2004,c. 707; 2005, cc. 716, 914; 2009, cc. 740, 813, 840.)
A. Any respondent committed pursuant to this chapter shall be placed in thecustody of the Department for control, care, and treatment until such time asthe respondent's mental abnormality or personality disorder has so changedthat the respondent will not present an undue risk to public safety. TheDepartment shall provide such control, care, and treatment at a securefacility operated by it or may contract with private or public entities, inor outside of the Commonwealth, or with other states to provide comparablecontrol, care, or treatment. At all times, respondents committed for control,care, and treatment by the Department pursuant to this chapter shall be keptin a secure facility. Respondents committed under this chapter shall besegregated by sight and sound at all times from prisoners in the custody of acorrectional facility. The Commissioner may make treatment and managementdecisions regarding committed respondents in his custody without obtainingprior approval of or review by the committing court.
B. Prior to the siting of a new facility or the designation of an existingfacility to be operated by the Department for the control, care, andtreatment of committed respondents, the Commissioner shall notify the stateelected officials for and the local governing body of the jurisdiction of theproposed location, designation, or expansion of the facility. Upon receivingsuch notice, the local governing body of the jurisdiction of the proposedsite or where the existing facility is located may publish a descriptivenotice concerning the proposed site or existing facility in a newspaper ofgeneral circulation in the jurisdiction.
The Commissioner also shall establish an advisory committee relating to anyfacility for which notice is required by this subsection or any facilitybeing operated for the purpose of the control, care, and treatment ofcommitted respondents. The advisory committee shall consist of state andlocal elected officials and representatives of community organizationsserving the jurisdiction in which the facility is proposed to be or islocated. Upon request, the members of the appropriate advisory committeeshall be notified whenever the Department increases the number of beds in therelevant facility.
C. Notwithstanding any other provision of law, when any respondent iscommitted under this article, the Department of Corrections and the Office ofthe Attorney General shall provide to the Department of Behavioral Health andDevelopmental Services, a copy of all relevant criminal history information,medical and mental health records, presentence or postsentence reports andvictim impact statements, and the mental health evaluations performedpursuant to subsection B of § 37.2-904 and § 37.2-907, for use in thetreatment and evaluation of the committed respondent.
(1999, cc. 946, 985, § 37.1-70.10; 2001, c. 776; 2003, cc. 989, 1018; 2004,c. 707; 2005, cc. 716, 914; 2009, cc. 740, 813, 840.)
