MARY JANE HALL JUDGE
MARY JANE HALL JUDGE Ms. Shelley F. Wood
125 St. Paul's Boulevard
Suite 504
Norfolk, vA 23510 Ms. Sarah Flynn Robb
Assistant Attorney General
Office of the Attorney General
900 East Main Street
Richmond, VA 23219 Dear Counsel:
The matter came before the Court for the annual review of a civilly committed sexually violent predator required by Virginia Code § 37.2-910. The Court is not satisfied that the Commonwealth has met its burden for keeping Mr. Layne in secure inpatient treatment for the sixth consecutive year and therefore directs that the matter be set for further proceedings.
Virginia Code § 37.2-912 provides the following:
At any time the court considers the respondent's need for secure inpatient treatment pursuant to this chapter, it shall place the respondent on conditional release if it finds that (i) he does not need secure inpatient treatment but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need secure inpatient treatment; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that the respondent, if conditionally released, would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety.
The Commonwealth presented the testimony and report of Dr. Mario Dennis, Clinical Psychologist. Dr. Dennis' report and testimony did not address the factors set forth in the statute, above, such that the Court is entirely uninformed about, for example, the availability of outpatient supervision and treatment in the community for Mr. Layne.
Dr. Dennis credits Mr. Layne with significant improvements since being civilly committed five years ago but cites the issues that cause him to recommend against conditional release: "his continued criminal thinking errors, his unrealistic self-assessment, and his apparent emotional neediness that leads him to engage in self-defeating behavior." (Comm. Ex. 1, p. 13). He did not offer an explanation as to why those shortcomings require secure inpatient treatment rather than outpatient treatment.
Dr. Dennis wrote that in order to receive a recommendation for conditional release, Mr. Layne should accomplish 8 milestones, which he lists on page 13 of his report. In cross-examination, Dr. Dennis admitted that Mr. Layne had achieved 7 of the 8 goals; and the one that he has not completed (Phase III treatment) relates to the fact that the facility has not permitted him to participate in Phase III treatment. From the evidence presented, the Court cannot conclude that no lesser restrictive alternatives exist for monitoring Mr. Layne
The Court directs the parties to set this matter down for further review within 60 days. The Commonwealth is to provide a conditional release plan for Mr. Layne at the next hearing.
An Order reflecting the Court's rulings is attached. Counsel are directed to submit written objections to this order within two weeks.
Sincerely,
/s/
Mary Jane Hall
Judge MJH/nm
Enc.