Privatizing program

Virginia officials are exploring the possibility of privatizing Virginia's Sexually Violent Predator Program. The rapidly expanding program that detains sex offenders after their prison terms have ended could cost the state over $24 million this year.

The state has set a June 2 deadline for companies to submit proposals for running the sex offender program. GEO Care, a Florida-based company, has already offered to run the program, promising, among other things, to double the number of beds at the Burkeville psychiatric facility without dipping into more state funds.

Virginia legislators have been trying to find a solution for the growing sex offender program for years. The program, created in 1998, was designed to keep possible repeat offenders locked away after their prison sentences have expired. The civil commitment program was originally intended for perpetrators of four crimes: rape, object sexual penetration, forcible sodomy, and aggravated sexual battery. In 2006, the list was expanded to 28 crimes, and the test used to determine an offender's likelihood of repeating his crime was altered to be more inclusive.

Virginia is one of 20 states that have a civil commitment program. Criminals who have committed one of the 28 applicable sex crimes are evaluated for mental abnormalities, and if a psychiatrist deems the offender is likely to repeat his crimes, a judge or jury can place him in the Sexually Violent Predator Program.

Earlier this year, Gov. Bob McDonnell proposed spending $70 million to keep up with the growing program, including renovating a closed Brunswick County prison into a new treatment center. Many politicians balk at the high cost of housing offenders, leading to controversial ideas. In January, Republican Sen. Emmett Hanger proposed an alternative to housing sex offenders-castrating them. Opponents called the proposition barbaric, but Hanger disagreed, stating the cost-effectiveness of his idea.

"We're talking about people who are so driven because of the tendencies from the chemicals and the hormones inside their body to perform heinous acts," said Hanger. "In that context, I think it's very appropriate to talk about something that could, perhaps, be a partial cure for them."

While eight other states allow some form of castration as punishment for sex offenders, Virginia seems unlikely to follow this path. Officials hope that by privatizing the program, the costly burden on the state can be lightened.

Over the past 7 years, the program's budget has leapt from $2.7 million in 2004 to $24 million this year, and experts believe it will rise to $32 million in 2012. The $62 million, 300-bed Burkeville psychiatric facility is expected to be completely filled sometime in the next few months. The facility opened only three years ago. Olivia Garland, deputy commissioner of the state Department of Behavioral Health and Developmental Services, told the Virginian-Pilot that there are several reasons the Virginia program is growing so swiftly as compared to the programs in other states. Unlike other states, offenders who are mentally unfit to stand trial can be committed. Also, while other states consider an offender eligible for commitment after a series of offenses, Virginia can commit offenders after only one crime.

"We're going to have to establish a policy where we punish them, we treat them the best we can, but it's simply inappropriate policy to put them in an expensive treatment program that doesn't work and just keep them there needlessly," said Hanger back in January when he proposed his controversial legislation. "I think we're going to have to get a happy medium as far as public safety versus the cost."

The Associated Press contributed to this report.

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