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Rape Virginia Transfer Supervision Adult Offenders Lawyers Page County

Rape Virginia Transfer Supervision Adult Offenders Lawyers Page County

COMMONWEALTH OF VIRGINIA v. BILLAND
Facts:

Nineteen years after defendant was convicted of rape, forcible sodomy, and attempted sodomy, the Commonwealth filed a petition seeking his civil commitment as a sexually violent predator pursuant to the Sexually Violent Predators Act (SVPA), Va. Code Ann. § 37.2-900 et seq. Pursuant to Va. Code Ann. § 37.2-908, the circuit court heard evidence on possible alternatives to civil commitment and concluded that the SVPA did not prohibit defendant’s transfer under the Interstate Compact. Defendant appealed a judgment by the Circuit Court of the Page County (Virginia) that adjudged him to be a sexually violent predator; defendant claimed that transfer of his supervision outside the Commonwealth was appropriate because he was subject to probation supervision for another crime and therefore qualified for transfer under the Interstate Compact for the Supervision of Adult Offenders, Va. Code Ann. § 53.1-176.1, et seq.

Rape Virginia Transfer Supervision Adult Offenders Lawyers Page County

Rape Virginia Transfer Supervision Adult Offenders Lawyers

Issue:
  • Whether a person a sexually violent predator can be eligible for transfer under the Interstate Compact for the Supervision of Adult Offenders?
Discussion:

The state supreme court found, inter alia, that based on its decision in Commonwealth v. Amerson, 281 Va. 414, 706 S.E.2d 879, 884 (2011), the SVPA did not authorize the conditional release of a sexually violent predator outside the Commonwealth. Accordingly, as defendant would not qualify for transfer under the Interstate Compact based on his adjudication as a sexually violent predator, the circuit court’s judgment was erroneous. The judgment was reversed, and the case was remanded for further proceedings.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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