Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order inpatient or outpatient treatment or (ii) dismiss the charges. Where a defendant is found to be incompetent, the bill permits a court to (a) order that such defendant receive treatment to restore his competency on an outpatient basis in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority, (b) order that such defendant receive treatment to restore his competency on an inpatient basis at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge, (c) order that such defendant be evaluated to determine whether he meets the criteria for temporary detention, or (d) dismiss the misdemeanor charge and release such defendant. The bill has a delayed effective date of July 1, 2027.
Duties and responsibilities of local pretrial services officers; assessments. Requires a local pretrial services officer to conduct a risk assessment of defendants arrested on state and local warrants and who are detained in jails located in jurisdictions served by the local pretrial services agency while awaiting a hearing before any court that is considering or reconsidering bail, at initial appearance, advisement or arraignment, or at other subsequent hearings. Current law requires a local pretrial services officer to interview such defendants. The bill also provides that each local pretrial services officer may conduct defendant interviews as appropriate and when available resources permit.
Orders closing a proceeding; petitions for review. Provides that when a circuit court acts on or issues an order pertaining to the closure of a proceeding, such order is eligible for immediate appellate review with the Supreme Court of Virginia. The bill further provides that any person aggrieved by such an order may, within 15 days of the entry of such an order, file a petition for review with the Supreme Court of Virginia. As introduced, this bill was a recommendation of the Boyd-Graves Conference.
State Board of Local and Regional Jails; standards and regulations for pregnant and postpartum incarcerated persons in local and regional correctional facilities; report. Directs the State Board of Local and Regional Jails to set minimum standards and regulations regarding lactation policies for incarcerated persons and their infants by December 1, 2028. In developing such regulations and standards, the Board is directed to consider best practices related to lactation and how to incorporate such practices into the regulations and standards set by the Board.
Department of Health; Department of Corrections; peer recovery specialists. Directs the Virginia Department of Health and the Virginia Department of Corrections to develop agency guidelines for hiring peer recovery specialists with previous criminal convictions for compensated employment. As introduced, this bill was a recommendation of the Joint Commission on Health Care. This bill is identical to SB 608.
Virginia Sexual and Domestic Violence Victim Fund; additional fee for certain offenses. Provides that the clerk shall assess a fee of $500 for conviction of certain offenses outlined in the bill. The bill requires such fees to be credited to the Virginia Sexual and Domestic Violence Victim Fund and designated for funding support services for eligible victims. This bill is identical to HB 1233.
Department of Health; Department of Corrections; peer recovery specialists. Directs the Virginia Department of Health and the Virginia Department of Corrections to develop agency guidelines for hiring peer recovery specialists with previous criminal convictions for compensated employment. As introduced, this bill was a recommendation of the Joint Commission on Health Care. This bill is identical to HB 209.
HB 223 allows counties and cities to fund public defender positions using local resources. It directly affects local governments and public defender offices by giving them the option to establish or expand these roles through municipal budgets. The bill's key provision is enabling governing bodies (like city councils or county commissions) to allocate funds for public defender staffing without requiring state financial support. The bill passed the House unanimously and is now under review by the Committee for Courts of Justice.
Clerk fees; secure remote access to nonconfidential court records by certain attorneys. Provides that no clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records when such attorney is certified by the Virginia Indigent Defense Commission in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction. The bill also provides that if, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access. As introduced, this bill was a recommendation of the Virginia Indigent Defense Commission. This bill is identical to SB 82.
Crime victim's right to nondisclosure of certain information; hate crimes. Prohibits a law-enforcement agency from disclosing to the public information that directly or indirectly identifies the victim of a hate crime, defined in relevant law, except to the extent that disclosure is (i) of the site of the crime, (ii) required by law, (iii) necessary for law-enforcement purposes, or (iv) permitted by the court for good cause unless such victim, or his next of kin if he is a minor and his death results from any crime, provides written consent. The bill also prohibits, at the request of the victim, the Court of Appeals of Virginia and the Supreme Court of Virginia from listing the first or last name of the victim of a hate crime in an appellate decision.
