Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; grant procedures. Requires the grant procedure to govern funds awarded to local and regional jails for the planning or operation of substance use disorder treatment services and transition services for persons with substance use disorder who are incarcerated in local and regional jails to include requirements that (i) any grant awarded shall be made for up to three years and (ii) an applicant for a grant submit a plan demonstrating how such applicant will become independently financially viable within the time period for which the grant is awarded. This bill is a recommendation of the Joint Commission on Health Care and is identical to HB 455.
Powers and duties for operation of local and regional correctional facilities and courthouse security; attorney access to courthouses and communication and visitation with incarcerated clients; penalty. Provides that if a sheriff allows courthouse employees or law-enforcement officers to bypass any security screening required to enter a courthouse, such sheriff shall also exempt from the security screening any attorney who displays a valid Virginia State Bar-issued bar card and a government-issued identification. The bill creates a Class 1 misdemeanor for any attorney who has had his license to practice law in the Commonwealth suspended or revoked and who displays a Virginia State Bar-issued bar card in an effort to be exempt from the security screening. The bill also requires any telephonic, electronic, or web-based communication system for prisoners that is offered by a sheriff or jail superintendent who operates a local or regional correctional facility to include a confidential means for a prisoner to communicate with his attorney at regular and reasonable times.
Carrying assault firearms in public areas prohibited in the Commonwealth; penalty. Prohibits the carrying of certain semi-automatic center-fire rifles, pistols, and shotguns or any firearm modified to be operable as an assault firearm on any public street, road, alley, sidewalk, or public right-of-way or in any public park or any other place of whatever nature that is open to the public, with certain exceptions. Under current law, the prohibition on carrying certain shotguns and semi-automatic center-fire rifles and pistols applies to a narrower range of firearms, only in certain localities, and only when such firearms are loaded. A violation of this prohibition is a Class 1 misdemeanor. This bill incorporates SB 312.
Virginia Parole Board; powers and duties; juvenile offenders; parole procedures and considerations. Increases the members of the Virginia Parole Board (the Board) from up to five to at least 11 members, five of whom shall be appointed by the Governor within 60 days of inauguration, three of whom shall be appointed by the Speaker of the House of Delegates within 60 days of a new House being sworn in during a Senate election year, and three of whom shall be appointed by the Chair of the Senate Committee on Rules within 60 days of a new Senate being sworn in after an election, and all of whom shall be subject to confirmation by the General Assembly, if in session when such appointment is made, and if not in session, then at its next succeeding session. The bill specifies that all members of the Board shall have significant professional experience working in criminal law, corrections, reentry and community services, or victim services and that the Board members appointed by the Governor shall include (i) an attorney with significant experience in criminal prosecution; (ii) an attorney with significant experience in criminal defense; (iii) a qualified mental health professional with relevant background in adolescent development, trauma responses, psychology, and decision-making; and (iv) a representative of a crime victims organization or a victim of crime. These provisions of the bill have a delayed effective date of July 1, 2028.The bill also requires the Board to provide a meaningful opportunity for release to certain juvenile offenders eligible for parole and specifies various factors the Board shall give substantial weight to when making a determination on whether to grant parole to such juvenile offender. The bill allows a juvenile offender to request for reconsideration or appeal of a decision by the Board not to grant parole based on (a) the Board's failure to give substantial weight to such juvenile offender's age and its related mitigating circumstances as required by the bill or (b) the Board's overreliance on static factors such as the nature and circumstances of the offense and failure to ground its decision in evidence of maturity, rehabilitation, and a lack of present danger to public safety. The bill requires the Board to provide individualized reasons for the grant or denial of parole upon reconsideration or appeal.The bill also requires that if parole is denied for any such juvenile offender, each Board member shall identify his reasoning for such decision at the time such member's vote is cast, including any youth-related factor and evidence of maturity and rehabilitation that was considered. The bill requires that the Board provide to such prisoner for whom parole is denied recommendations to demonstrate commitment to rehabilitation and at the next hearing, the Board is required to consider whether the prisoner has followed such recommendations. The bill also requires the Board to annually review the cases of such juvenile offenders eligible for parole. This bill is identical to SB 60.
Possession, transportation, or purchase of certain firearms by certain persons; penalty. Provides additional exceptions, outlined in the bill, for persons younger than 18 years of age to possess or transport handguns or assault firearms anywhere in the Commonwealth. The bill also makes it a Class 1 misdemeanor for persons younger than 21 years of age to purchase a handgun or assault firearm anywhere in the Commonwealth.
Home/electronic incarceration program. Provides that any court having jurisdiction for the trial of a pregnant person or a postpartum person who still has contact with their infant child and is charged with certain offenses shall assign the offender to a home/electronic incarceration program unless there is probable cause to believe that (i) the offender will not appear for trial or hearing or at such other time and place as may be directed or (ii) the offender's liberty will constitute an unreasonable danger to such person, such person's family or household members, or the public. The bill also provides that a pregnant or postpartum person assigned to home/electronic incarceration shall remain eligible for bond.
Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; grant procedures. Requires the grant procedure to govern funds awarded to local and regional jails for the planning or operation of substance use disorder treatment services and transition services for persons with substance use disorder who are incarcerated in local and regional jails to include requirements that (i) any grant awarded shall be made for up to three years and (ii) an applicant for a grant submit a plan demonstrating how such applicant will become independently financially viable within the time period for which the grant is awarded. This bill is a recommendation of the Joint Commission on Health Care and is identical to SB 599.
Interjurisdictional law-enforcement agreements; behavioral health co-response teams. Provides that interjurisdictional law-enforcement agreements may allow for the development of co-response teams staffed by one or more law-enforcement agencies that respond to behavioral health-related calls in multiple jurisdictions. This bill is a recommendation of the Behavioral Health Commission. This bill is identical to HB 248.
Interjurisdictional law-enforcement agreements; behavioral health co-response teams. Provides that interjurisdictional law-enforcement agreements may allow for the development of co-response teams staffed by one or more law-enforcement agencies that respond to behavioral health-related calls in multiple jurisdictions. This bill is a recommendation of the Behavioral Health Commission. This bill is identical to SB 317.
Fines and costs; period of limitations on collection; deferred payment agreement. Changes the period of limitations for the collection of court fines and costs from within 60 years from the date of the offense or delinquency giving rise to imposition of such penalty if imposed by a circuit court or within 30 years if imposed by a general district court to within 10 years from the date of the judgment whether imposed by a circuit court or general district court. The bill provides that upon the expiration of the period of limitations, no action shall be brought to collect the debt.The bill extends the time period for commencing collection activity from 90 days to 180 days after judgment, but provides that no collection activity shall be commenced while a defendant is incarcerated on an active term of imprisonment and subject to a deferred payment agreement.The bill also provides that for any defendant sentenced to an active term of incarceration and ordered to pay any fine, cost, forfeiture, or penalty related to the charge that such defendant is incarcerated for, or any other charge for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement for such fines, costs, forfeitures, or penalties. The bill requires the due date for such deferred payment agreement to be set no earlier than 180 days after the defendant's scheduled release from incarceration on the charge for which such defendant was sentenced on the same day. This bill incorporates SB 185 and SB 810. The bill has a delayed effective date of January 1, 2027.
