Summary
The Supreme Court of Virginia held that the Sexually Violent Predators Act applies only to a prisoner who is actively serving a sentence for a statutorily defined sexually violent offense when identified for review. Because Lorenzo Townes had completed his sentence for the predicate sexually violent offense, the court reversed the commitment judgment and dismissed the Commonwealth's petition.
Holdings
- Under Code §§ 37.1-70.4 and 37.1-70.5, a prisoner must be serving an active sentence for a statutorily defined sexually violent offense at the time the prisoner is identified as subject to the Sexually Violent Predators Act. Because Townes was incarcerated only for other offenses when the Director notified the Commitment Review Committee, he was not subject to the Act.
Questions Presented
- Whether a prisoner who has completed his sentence for the predicate sexually violent offense but remains incarcerated for other offenses is subject to Virginia's Sexually Violent Predators Act.
Disposition
reversed_and_remanded
Cases Cited (6)
- Commonwealth v. Allen, 269 Va. ___, ___ S.E.2d ___ (2005)(cited)
- McCloud v. Commonwealth, 269 Va. ___, ___ S.E.2d ___ (2005)(cited)
- Zinermon v. Burch, 494 U.S. 113, 131, 110 S. Ct. 975, 108 L. Ed. 2d 100 (1990)(cited)
- Addington v. Texas, 441 U.S. 418, 425, 99 S. Ct. 1804, 60 L. Ed. 2d 323 (1979)(cited)
- Holsapple v. Commonwealth, 266 Va. 593, 599, 587 S.E.2d 561, 564-65 (2003), cert. denied, ___ U.S. ___, 125 S. Ct. 164, 160 L. Ed. 2d 39 (2004)(cited)
- Burlile v. Commonwealth, 261 Va. 501, 511, 544 S.E.2d 360, 365 (2001)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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