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Virginia Megan's Law and Victim's Rights

Article I, Section 8-A

Rights of victims of crime. That in criminal prosecutions, the victim shall be accorded fairness, dignity and a respect by the officers, employees and agents of the Commonwealth and its political subdivisions and officers of the courts and, as the General Assembly may define and provide by law, may be accorded rights to reasonable and appropriate notice, information, restitution, protection, and access to a meaningful role in the criminal justice process. These rights may include, but not be limited to, the following:

  1. The right to protection from further harm or reprisal through the imposition of appropriate bail and conditions of release;

  2. The right to be treated with respect, dignity and fairness at all stages of the criminal justice system;

  3. The right to address the circuit court at the time sentence is imposed;

  4. The right to receive timely notification of judicial proceedings;

  5. The right to restitution;

  6. The right to be advised of release from custody or escape of the offender, whether before or after disposition; and

  7. The right to confer with the prosecution.

This section does not confer upon any person a right to appeal or modify any decision in a criminal proceeding, does not abridge any other right guaranteed by the Constitution of the United States or this Constitution, and does not create any cause of action for compensation or damages against the Commonwealth or any of its political subdivisions, any officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.

Contact Person: Lt. L.T. Turner (804) 674-2022.
Offenders Required to Register: Adult felony sex offenders, juvenile felony sex offenders convicted in circuit courts after July 1, 1997, or any person who was required to register prior to July 1, 1997.
Information Collected: Fingerprints and a photograph, DOB, SSN, current address and a description of the offense or offenses for which he was convicted and shall, if applicable, provide the same information on convictions prior to July 1, 1997, for any of the specified offenses or under a substantially similar law of the United States or any other state.
Administrating Agency: State Police.
Timeframe for Registration: Must register upon conviction, suspension of sentence; within 10 days of release, 10 days of establishing new residence, 10 days of changing address and within 10 days of establishing a first time residence.
Applies to Out of State Offenders: Yes
Duration of Requirement: Sexual offenders must register for 10 years; or may petition circuit court for expungement from registry (if petition is denied, offender must wait 2 years to file new petition). Sexually violent offenders as defined by statute must register for life.
Verification of Address: Annual verification for sex offenders. Sexually violent offenders must verify every 90 days.
Penalties for Non-Compliance: Any sex offender who knowingly fails to register or reregister, or who knowingly provides materially false information to the Sex Offender and Crimes Against Minors Registry shall be guilty of a Class 1 misdemeanor. However, any person convicted of a sexually violent offense who knowingly fails to register or reregister, or who knowingly provides materially false information to the Registry shall be guilty of a Class 6 felony.
Access to Information: Community notification is available to the public upon submission of request form which must include justification for request of information. Certain agencies or entities such as a licensed daycare facility, daycare center, school system, or family daycare home provider are statutorily entitled to obtain this notification. If entitled, you may register either by U. S. mail or on-line via e-mail to obtain authorization and receive notifications. Those not so entitled can still search for sexually violent offenders online.
Confidentiality Provision: Unauthorized dissemination is a Class 1 misdemeanor.
Number Registered: 11,300 as of 7/30/02
Percent Compliance: Not known*
Internet Access: http://sex-offender.vsp.state.va.us/cool-ICE/

 

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