Local, regional, and community correctional facilities; access to counsel for inmates. Requires the State Board of Local and Regional Jails to establish additional standards no later than January 1, 2027, to ensure access to legal counsel for inmates held in any local, regional, or community correctional facility and enumerates the standards that the Board shall include in such additional standards.
Jurors; exemptions from jury service upon request; competency to perform jury duty. Provides that no person shall be deemed incompetent to serve on any jury on the basis of disability if the person would otherwise be competent to serve if provided with reasonable accommodation. The bill also provides that any person under a disability that substantially impairs the person's ability to perform jury duty shall be exempt from jury duty upon such person's request.
Decreasing probation period. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations. This bill is identical to HB 149.
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.
Credit for time spent in confinement while awaiting trial; extradition or fugitive warrant. Provides that if any person is extradited from another state pursuant to (i) an extradition warrant from the Commonwealth or (ii) a fugitive warrant issued from the state where such person is detained and such person is subsequently sentenced to a term of confinement in a correctional facility in the Commonwealth for an offense from the same act as the violation for which the extradition warrant or fugitive warrant was authorized, such person shall have deducted from any such term all time actually spent in confinement awaiting extradition from such other state, provided that he was solely held on the extradition warrant or fugitive warrant and not on any other offense that he allegedly committed in such other state. This bill is a recommendation of the Virginia Criminal Justice Conference.
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 HB 520.
Study; JLARC; expansion of discretionary parole eligibility; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to consult with all relevant stakeholders to study the potential impacts of expanded discretionary parole eligibility. The resolution directs JLARC to complete its first year of meetings by September 1, 2026, and to submit an interim report by March 1, 2027. Additionally, JLARC is directed to complete its second year of meetings and submit its findings and recommendations no later than December 1, 2027.
Juvenile and domestic relations district courts; delinquent juveniles; mental health or disability evaluations. Provides that if a juvenile and domestic relations district court finds a juvenile to be delinquent, the court may, before final disposition of the case, direct the appropriate public agency to evaluate such juvenile's mental health or disability needs using an interdisciplinary team approach. The bill requires that any report be filed with the clerk of court and copies provided to all attorneys representing parties in the matter no later than 72 hours prior to the hearing set by the court. The bill permits the juvenile and domestic relations district court, in the alternative, to consider an existing report from an interdisciplinary team if such interdisciplinary team met not more than 90 days prior to the finding that the juvenile is delinquent.
Admissibility of statements by individuals with developmental or intellectual disabilities in certain cases. Prohibits admission of any evidence from an individual with developmental disabilities or intellectual disabilities, as defined in relevant law, in certain criminal prosecutions unless the court finds by a preponderance of the evidence that such individual's decision to speak to law enforcement was not caused by and did not have a direct and substantial relationship to such individual's disability. The bill requires notice be given to the attorney for the Commonwealth if a defendant intends to introduce expert testimony regarding his disability. The bill prohibits any statements made by a defendant during an examination by an expert witness from being used against him except for impeachment or perjury. The provisions of the bill do not become effective unless reenacted by a subsequent regular or special session of the General Assembly.