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1998 SESSION
WHEREAS, the United States Supreme Court in Kansas v. Hendricks recently upheld the constitutionality of civil commitment of violent sex offenders who have completed their criminal sentence; and
WHEREAS, the Virginia State Crime Commission examined the issue of civil commitment of sex offenders as a component of its "Megan's Law" study; and
WHEREAS, the Commission found that there were a number of critical issues in Virginia which needed to be addressed in order to implement a sex offender civil commitment statute, including (i) the availability of sex offender treatment within the prison system, (ii) the availability of a facility within the mental health system for the civil commitment procedure, and (iii) the long-range cost of civil commitment of sex offenders; and
WHEREAS, the Commission determined that the issues needed more thorough examination prior to the introduction of this legislation; and
WHEREAS, it is critical that the Commonwealth proceed with caution on this issue and thoroughly address each of the mandates established by the Supreme Court decision in order to pass constitutional muster; now, therefore, be it
RESOLVED by the Senate, the House of Delegates concurring, That the Virginia State Crime Commission be directed to conduct a study on the civil commitment of violent sexual predators who have completed their sentence and are subject to release back into the community.
All agencies of the Commonwealth shall provide assistance to the Commission, upon request.
The Commission shall complete its work in time to submit its findings and recommendations to the Governor and the 1999 Session of the General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.