37.2-901 - Civil proceeding; rights of respondents; discovery.
§ 37.2-901. Civil proceeding; rights of respondents; discovery.
In hearings and trials held pursuant to this chapter, respondents shall havethe following rights:
1. To receive adequate notice of the proceeding.
2. To be represented by counsel.
3. To remain silent or to testify.
4. To be present during the hearing or trial.
5. To present evidence and to cross-examine witnesses.
6. To view and copy all petitions and reports in the court file.
In no event shall a respondent be permitted, as a part of any proceedingsunder this chapter, to raise challenges to the validity of his prior criminalor institutional convictions, charges, or sentences, or the computation ofhis term of confinement.
In no event shall a respondent be permitted to raise defenses or objectionsbased on defects in the institution of proceedings under this chapter unlesssuch defenses or objections have been raised in a written motion to dismiss,stating the legal and factual grounds therefor, filed with the court at least14 days before the hearing or trial.
In the event the respondent refuses to cooperate with the mental healthexamination required under § 37.2-904, the court may admit evidence of suchrefusal and may bar the respondent from introducing his own expertpsychiatric or psychological evidence.
All proceedings conducted hereunder are civil proceedings. However, nodiscovery shall be allowed prior to the probable cause hearing. After theprobable cause hearing, no discovery other than that provided in this sectionshall be allowed without prior leave of the court. Counsel for the respondentand any expert employed or appointed pursuant to this chapter may possess andcopy the victim impact statement or presentence or postsentence report. In noevent shall the respondent be permitted to retain or copy a victim impactstatement or presentence or postsentence report.
(1999, cc. 946, 985, § 37.1-70.2; 2001, c. 776; 2003, cc. 989, 1018; 2005,cc. 716, 914; 2007, c. 876; 2009, c. 740.)