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.
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 HB 520.
Short-term rental properties; human trafficking awareness training. Requires every operator, defined in the bill, and its employees to complete an approved training course on recognizing and reporting instances of suspected human trafficking, as provided or approved by the Department of Criminal Justice Services, by January 1, 2028, and every two years thereafter. The bill has a delayed effective date of July 1, 2027. The bill contains technical amendments.
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.
Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused; (ii) the information provided to counsel for the accused; (iii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing; and (iv) the compensation of counsel for the accused. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.
Virginia Youth Empowerment and Mentoring Grant Fund and Program; established. Establishes the Virginia Youth Empowerment and Mentoring Grant Fund and Program, to be administered by the Department of Criminal Justice Services, for the purpose of awarding grants to community-based organizations for the purpose of placing mentors with high-risk youth in an effort to transition such youth into careers in certified high-wage trades.
Constitutional amendment (voter referendum); qualifications of voters; right to vote; persons not entitled to vote. Provides for a referendum at the November 3, 2026, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting. This bill is identical to SB 6.
Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.
