Criminal Justice

Release of accused on secured or unsecured bond. Removes the conditions requiring that any person arrested for a felony who (i) has previously been convicted of a felony, (ii) is presently on bond for an unrelated arrest in any jurisdiction, or (iii) is on probation or parole be released only upon a secure bond. Additionally, the bill adds to the factors a judicial officer shall consider in making a bail determination (a) the person's current bond status for an unrelated arrest in any jurisdiction and (b) whether the person is on probation or parole.

Interjurisdictional law-enforcement agreements; behavioral health co-response teams. Provides that interjurisdictional law-enforcement agreements may allow for the development of co-response teams staffed by one or more law-enforcement agencies that respond to behavioral health-related calls in multiple jurisdictions. This bill is a recommendation of the Behavioral Health Commission. This bill is identical to SB 317.

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.

Driving while intoxicated; refusal of tests; repeat offenders; ignition interlocks. Permits a court to issue a restricted license with immediate installation of ignition interlock systems for certain offenders charged with driving while intoxicated, refusal of tests, or repeat offender violations. The bill also directs the Commission on the Virginia Alcohol Safety Action Program to convene a work group to evaluate the provisions governing driving or operating a motor vehicle under the influence of alcohol and submit recommendations and a draft report to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026. Current law requires various time limits of driver's license suspension for such violations before a restricted license may be issued.

Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children. Requires the court to order the destruction of all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law. The bill also (i) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (ii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iii) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.

A BILL to amend and reenact §§ 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-60.4, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:2, 18.2-67.5:3, 18.2-154, 18.2-186.4, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 19.2-160.1, 19.2-297.1, 46.2-341.28, 46.2-391, 53.1-116, and 53.1-203 of the Code of Virginia, relating to elimination of mandatory minimum sentences for certain offenses.

Department of Corrections; language services for offenders. Provides that the Department of Corrections shall take reasonable steps to provide offenders with limited English proficiency meaningful access to Department facilities, services, programs, and activities to ensure that language does not prevent Department employees from communicating effectively with such offenders.

A BILL to amend and reenact §§ 9.1-101, as it is currently effective and as it shall become effective, 18.2-57, 18.2-308.016, 53.1-2, 53.1-5, 53.1-10, 53.1-17.2, and 59.1-148.3 of the Code of Virginia, relating to State Board of Local and Regional Jails.

Carrying firearms in restricted locations; exception. Provides that the prohibition on carrying a firearm in certain restricted locations does not apply to any woman who is a current victim of family abuse and has an active protective order against a family or household member.

Substantial risk orders; Substantial Risk Order Training Program established; annual report. Directs the Department of Criminal Justice Services to establish the Substantial Risk Order Training Program for the purposes of training law-enforcement agencies and other public institutions throughout the Commonwealth to use and implement the substantial risk order law. The bill directs all law-enforcement officers to receive training in the use and implementation of substantial risk orders. The bill requires the programming to provide training regarding proper procedures to follow, the circumstances under which the law can be used, the benefits to public safety from proper use of the law, and the harm that may ensue from the law not being used when lawfully available. The Program also includes efforts to educate the public on and increase awareness of the substantial risk order law. The bill requires the Department to report by November 1 each year to the Secretary of Public Safety and Homeland Security regarding the use of Program funds, details of the content of programming developed, and the effectiveness of the Program in assisting law-enforcement agencies and other public institutions in the use of the substantial risk order law. The bill has a delayed effective date of July 1, 2027.The bill requires the Department of Criminal Justice Services to evaluate all potential funding sources for the Program and submit a report on its findings, including the availability of federal funding, to the Chairs of the Senate Committees on Finance and Appropriations and for Courts of Justice and the House Committees on Appropriations and for Courts of Justice no later than November 1, 2026.