Com. v. Amerson
706 S.E.2d 879
| Va. | 2011Background
- Amerson was convicted of attempted rape in 1999 and released in 2000 after a suspended sentence and probation.
- In 2002, while on probation, he pleaded guilty in D.C. to second-degree child sexual abuse and was sentenced to prison and probation.
- His Virginia probation for the 1999 offense was revoked during the 2002 sentence, and he completed the 1999 sentence after his 2002 term.
- In November 2008 the Commonwealth, under SVPA, petitioned to civilly commit him as an SVP; in July 2009 the circuit court found him an SVP.
- In January 2010, a hearing weighed civil commitment versus conditional release; the court ordered conditional release to CSOSA under the Washington plan; Commonwealth appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SVPA authorizes conditional release of an SVP outside Virginia | Amerson argues implicit authority via SVPA provisions | Commonwealth argues SVPA has no out-of-state release authority | SVPA does not authorize out-of-state conditional release; court erred in ordering CSOSA |
| Whether Code provisions allow non-VA supervision or placement of an SVP outside the Commonwealth | Amerson contends terms like 'parole or probation officer' include non-VA actors | Commonwealth reads terms as Virginia-limited; cannot extend beyond VA | Court rejected broader construction; VBHDS personnel/actions are limited to Virginia agencies absent clear authorization |
| Whether DBHDS can contract outside Virginia to supervise a conditionally released SVP | If DBHDS may contract outside VA for civil commitment, it may for conditional release | SVPA does not authorize out-of-state conditional release; cannot rely on contract authority | No authority to contract for out-of-state conditional release under SVPA; not supported by statute |
| Whether the Interstate Compact or emergency custody provisions support out-of-state release | CSOSA/Interstate Compact could enable out-of-state supervision | Interstate Compact applies to criminal offenders under supervision, not SVPs; no provision for out-of-state release | Interstate Compact and emergency custody provisions do not authorize conditional release of an SVP outside Virginia |
Key Cases Cited
- Warrington v. Commonwealth, 280 Va. 365 (2010) (statutory interpretation and due process in SVPA context; strict construction)
- Townes v. Commonwealth, 269 Va. 234 (2005) (due process and strict construction of SVPA provisions)
- Virginian-Pilot Media Cos., LLC v. Dow Jones & Co., 280 Va. 464 (2010) (determinative reading of statutory text; avoid adding undefined terms)
- Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 (2007) (interpretation must reflect legislative intent; cannot add terms not used by legislature)
- Turner v. Commonwealth, 226 Va. 456 (1983) (general principle of statutory interpretation; plain meaning rule)