Is Virginia's Sexually Violent Predator Law Unconstitutional?

QUESTION PRESENTED This Court has ruled that a variation of mental commitment known in several states as a “sexually violent predator” commitment proceeding can be constitutional under certain circumstances. Petitioner has been committed under such a statute. The question presented is: Is Virginia’s Sexually Violent Predator Law Unconstitutional, on grounds that the Act: A) Requires an Unconstitutional Use of Polygraphs; B) Requires An Unconstitutional Use Of Penile Plethysmographs; C) Forbids Petitioner From Bringing Up Actual Innocence as to the Underlying Criminal Offense Or Offenses, but Allows the Government to Bring Up Guilt and Unadjudicated Conduct ; D) Allows Defendants To Be Held Past Their Release Dates on Criminal Charges; and E) Petitioner is Unconstitutionally Prevented By State Case Law From the Possibility of Conditional Release Because His Family is Out-Of-State, IN VIOLATION OF: 1. The Right Against Self-Incrimination under the Fifth Amendment to the Constitution, as incorporated by the i Fourteenth Amendment (as to A & B); 2. The Right of Procedural Due Process under the Fifth Amendment to the Constitution, as incorporated by the Fourteenth Amendment, (as to A, C, D & E); 3. The Right to Equal Protection under the Fourteenth Amendment to the Constitution (as to A, C, D & E); 4. The Right to Counsel under the Sixth Amendment to the Constitution, as incorporated by the Fourteenth Amendment (as to A); 5. The Right of Substantive Due Process under the Fourteenth Amendment to the Constitution (as to B & E); 6. The Right to Freedom of Religion under the First Amendment to the Constitution, as applied by the Fourteenth Amendment to the Constitution (as to B); 7. The Right to Compulsory Process for Obtaining Witnesses under the Sixth Amendment to the Constitution, as incorporated by the Fourteenth Amendment (as to C); and 8. The Commerce Clause of the Constitution, Article I, Section 8, Clause 3, as being unduly restrictive of the personal interstate movement of persons who have been declared Sexually Violent Predators merely because they are from another State (as to E). ii