Criminal Justice

Parole; exception to limitation on the application of parole statutes. Provides that a person is eligible to be considered for parole if such person (i) was sentenced by a jury after the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (2000), in which the Supreme Court held that a jury should be instructed on the fact that parole has been abolished, for a felony committed on or after the abolition of parole going into effect on January 1, 1995; (ii) can prove by the preponderance of the evidence that the jury in his case was not instructed on the fact that parole has been abolished; and (iii) remained incarcerated for the offense on July 1, 2026, and the offense was not one of the following: (a) a Class 1 felony; (b) if the victim was a minor, rape, forcible sodomy, object sexual penetration, or aggravated sexual battery or an attempt to commit any such act; or (c) carnal knowledge. The bill also requires the Parole Board to establish procedures for consideration of parole of persons entitled to it and also provides that any person who is eligible for parole as of July 1, 2026, shall be scheduled for a parole interview no later than July 1, 2027, allowing for extension of time for reasonable cause.

Manufacturing, selling, giving, distributing, or possessing medetomidine; penalties. Provides that any person who knowingly manufactures, sells, gives, distributes, or possesses with the intent to manufacture, sell, give, or distribute the substance medetomidine, when intended for human consumption, is guilty of a Class 5 felony. Under the bill, any person who knowingly possesses medetomidine, when intended for human consumption, is guilty of a Class 1 misdemeanor. Under the bill, it is not an offense to (i) manufacture medetomidine for legitimate veterinary use; (ii) distribute or sell medetomidine for authorized veterinary use; (iii) possess, administer, prescribe, or dispense medetomidine in good faith for use by animals within the course of legitimate veterinary practice; or (iv) possess or administer medetomidine pursuant to a valid prescription from a licensed veterinarian.

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 correctional facilities; visitation policies; report. Requires the Department of Corrections to establish and publicly post on its website and in the lobby of each state correctional facility an objective dress code for individuals visiting a state correctional facility and specifies certain requirements for and limitations on what such dress code may include. The bill prohibits any state correctional facility from enforcing a dress code that is more restrictive than the dress code posted by the Department.The bill also prohibits any individual from being denied in-person visitation unless such individual is in clear violation of visitation rules or policies. Prior to denying entry to a visitor, the bill requires the reasoning to be (i) reviewed in person by the facility administrative duty officer and (ii) approved by a regional administrator or superior. The bill requires the Department to submit a report annually on or before November 1 to the General Assembly and the Governor with information on visitors denied entry to state correctional facilities, including the following information disaggregated by facility and by month: (a) the number of visitors denied entry and (b) the reasoning for such denials, including the specific rules or policies such visitors were alleged to have violated.The bill requires the Department to convene a work group consisting of relevant stakeholders to consider goals and develop practical policy and legislative recommendations related to facilitating visitation within state correctional facilities and report its findings and recommendations to the Governor and the General Assembly no later than November 1, 2026.

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.

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 is identical to SB 180. The bill has a delayed effective date of January 1, 2027.

Sex offenses prohibiting proximity to children; Park Authorities Act; penalty. Provides that every adult who is convicted of an offense prohibiting proximity to children, when the offense occurred on or after July 1, 2026, shall as part of his sentence be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any place owned or operated by an authority created pursuant to the Park Authorities Act that he knows or should know is a playground, athletic field or facility, or gymnasium.The bill also provides that any person convicted of an offense under the laws of any foreign country or any political subdivision thereof, or the United States or any political subdivision thereof, similar to any offense set forth in current law shall be forever prohibited from going, for the purpose of having any contact whatsoever with children who are not in his custody, within 100 feet of the premises of any place owned or operated by an authority created pursuant to the Park Authorities Act that he knows or has reason to know is a playground, athletic field or facility, or gymnasium.A violation of the bill's provisions is punishable as a Class 6 felony.

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 SB 329.

Assault and battery; district court temporary recall judge; penalty. Adds a judge of a district court under temporary recall to the definition of "judge" as it relates to the crime of assault and battery, which is a Class 1 misdemeanor that is enhanced to a Class 6 felony with a mandatory minimum term of confinement of six months if such judge is engaged in his public duties at the time of the offense. This bill is a recommendation of the Committee on District Courts and is identical to SB 144.

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.