Commonwealth of Virginia, et al. v. John Doe, 278 Va. 223

Summary

The Supreme Court of Virginia interpreted Code § 18.2-370.5(B), which permits courts to lift the statutory prohibition against convicted violent sex offenders entering school property. The court held that lifting the statutory ban does not eliminate a public school board's constitutional supervisory authority to decide whether and under what conditions the offender may enter. The court reversed and remanded for a determination whether, and to what extent, the ban should be lifted.

Holdings

1. Code § 18.2-370.5(B) authorizes a court to lift the statutory ban on a convicted violent sex offender's entry onto school property, in whole or in part and subject to specified limits, but it does not authorize the court to compel a public school board or private school or day-care proprietor to admit the offender. After the statutory ban is lifted, the affected school board or private entity retains authority to decide whether and under what circumstances the offender may enter.

Questions Presented

1. Whether Code § 18.2-370.5(B) authorizes a court to give a convicted violent sex offender an enforceable right to enter public school property despite a contrary decision by the local school board.
2. Whether Code § 18.2-370.5(B) should instead be construed to permit a court to lift the statutory prohibition in whole or in part while preserving the school board's constitutional authority under Article VIII, Section 7, of the Virginia Constitution to determine whether and under what circumstances the offender may enter school property.

Disposition

reversed_and_remanded