Criminal Justice

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.

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.

Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings. The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.

Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every two business days and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours.