The comment, "separate by sight and sound" that is plain stupid, physically makes sense, but S&S. Plain unbelievable.2-23-2011 Virginia:
Virginia's civil commitment program for sex offenders aims to protect society from the worst of the worst and rehabilitate those most likely to offend again.
It's also reserved for those who have already completed prison terms.
State law requires that residents at the state's treatment center in Burkeville receive an annual review in the locality of their conviction to determine whether they should remain committed.
Such protections are critical to the legal integrity of a civil commitment program. No matter how heinous their crimes, the offenders have served their prison time; they are held only until they no longer represent a threat to the public.
Because of the difference between criminal and civil custody, offenders in the program are required to "be segregated by sight and sound at all times from prisoners in the custody of a correctional facility" when traveling to and from their court reviews.
Unfortunately, as the size, scope and budget of the commitment program has ballooned in recent years, that segregation hasn't always happened.
The growing number of offenders - currently more than 200 - make separation a logistical impossibility, according to some law enforcement authorities.
Sheriffs and the state attorney general's office claim that despite the law, offenders up for an annual review could be locked up with the general population in local jails because the imprisonment is for a short period of time, and it saves the expense of providing separate space.
A measure introduced in the General Assembly would have amended current law to permit the practice. Last week, legislators rightfully balked at the prospect of a lawsuit challenging its constitutionality. A court ruling in favor of offenders' rights would have thrown Virginia's program into chaos.
So delegates amended HB 1698 to permit residents committed to the treatment center in Burkeville to instead undergo their annual review via videoconference.
The amendment represents a prudent compromise, protecting the rights of offenders who've already served prison time and saving sheriffs across the state from coordinating the segregated travel and detention of those up for review.
A version of the bill in the Senate includes the same changes. Both should pass.
Del. Clay Athey, the Front Royal Republican who introduced the House bill, said the change aimed to address the most significant concern.
"I think the bill is better now than when it started," he said.
He's right. ..Source.. The Virginian-Pilot
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