Commonwealth v. Blaxton, No. 102360 (Va. Mar. 2, 2012) involved the Sexual Violent Predators Act (“SVPA”), Va. Code Ann. 37.2-900, et seq. Defendant committed rape, forcible sodomy and attempted sodomy on a crime victim.

Since his criminal sexual abuse rendered him a sexually violent predator, the Virginia Supreme Court held that as a matter of law that he was ineligible for transfer out-of-state for supervised probation. Id. at 3-4. Hence rules of the Interstate Commission for Adult Supervision (“ICAOS”) under the Interstate Compact, Va. Code Ann. §53.1-176.2, applicable to a mere “sex offender” did not control. Id. at 4.