Commonwealth v. Broadie

By Judge T. J. Marrow

At the conclusion of the presentations of all of the evidence, the defendant moved to strike the Commonwealth’s evidence arguing that he is not subject to the provision of Chapter 9 of Title 37.2 of the Code (“The Act”). He states that Va. Code § 3 7.2-903 (C) (in effect prior to July 1,2006) required that, for the Act to apply to him, he must have been scored a 4 or better on the Rapid Risk Assessment for Sexual Offender Recidivism (“RRASOR”) test. He was scored as a 3 on that test.

The Commonwealth counters that Va. Code § 37.2-903(C) does not make the RRASOR the only…