Criminal 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.

Licensed substance abuse treatment practitioners; licensure by endorsement; licensure without examination. Directs the Board of Counseling to establish a pathway to licensure by endorsement as a licensed substance abuse treatment practitioner for applicants who have held certification as a certified substance abuse counselor for at least 10 years without a history of disciplinary action, have completed at least five years of documented supervised experience, hold at least a master's degree in an appropriate field of counseling, and hold a Master Addiction Counselor credential issued by NAADAC, the Association for Addiction Professionals. The bill provides that such pathway to licensure by endorsement does not require examination.

Civilian deaths in custody; failure to comply with annual report; funding for local and regional adult correctional facilities. Requires the State Board of Local and Regional Jails to notify the Office of the Governor if any local or regional correctional facility fails to send reports with information required by law regarding civilian deaths in custody within 10 days. If such facility fails to comply within 10 days, the bill allows the Governor discretion to direct the Comptroller to withhold all further payment to such facility of all funds, or of any part of them, appropriated and payable by the Commonwealth to such facility, for any and all purposes, until such correctional facility complies.

Civil action for deprivation of rights; liability of persons acting under color of law. Creates a state civil cause of action for violations of rights guaranteed by the constitutions or laws of the United States and the Commonwealth. The bill provides that a person acting under color of law who deprives an individual of such rights and any supervisor of such person who is responsible for directing or overseeing such person's conduct shall be liable to such individual for compensatory damages, punitive damages, equitable relief, and reasonable attorney fees and costs.

Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.

State correctional facilities; participation of prisoners in employment and educational programs; reentry planning. Expands the program assignments in which the Director of the Department of Corrections may place a prisoner while such prisoner is confined in a state correctional facility. The bill requires the Director to place a prisoner in an appropriate program assignment within (i) 90 days of the arrival of a prisoner sentenced to a new term of confinement to a state correctional facility or (ii) 60 days of a prisoner already in custody being transferred to a new state correctional facility and provides that participation in such program assignments shall be for an average of 30 hours per week, calculated individually across the calendar year. Finally, the bill expands upon the requirements for a prisoner's reentry plan, including requiring an assessment, if necessary, of a prisoner's readiness to take a high school equivalency test and any modifications needed for the prisoner to take or improve upon such test, and making available peer and group educational programs developed and led by qualified prisoners.

Department of Corrections; functional literacy program for incarcerated individuals; Virginia Prison Education Task Force established; report. Requires the Superintendent employed by the Director of Corrections to (i) by January 1, 2027, develop a functional literacy program for inmates testing below at least an eighth grade level, instead of a twelfth grade level as required by current law, and include in such program evidence-based literacy instruction, as defined in accordance with applicable law; (iii) share data with (a) the state entity that oversees the management, direction, and governance of the Commonwealth's education and workforce data for the purpose of developing educational, health, social service, and employment outcome data and improving the efficacy of state services and (b) the Virginia Community College System necessary for comprehensive community colleges to apply for and maintain eligibility as Federal Pell Grant-eligible prison education programs; and (iv) track and publicly report at least annually the number of incarcerated individuals eligible for, enrolled in, and waitlisted for the literacy and education programs. The bill also establishes the Virginia Prison Education Task Force for the purpose of implementing a consistent education program across all state correctional facilities operated by the Department. The bill requires the Task Force to submit a report to the Governor and the General Assembly on its activities, findings, and recommendations by November 1, 2026. Finally, the bill requires the Department of Education to, by November 1, 2026, (a) review and update the salary schedules for teachers licensed by the Board of Education and employed by the Department of Corrections to provide instruction in the schools of the correctional centers to be competitive with those in effect for the school division in which the correctional facility is located and (b) make recommendations for the inclusion of such teacher salary increases in the appropriation act.

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.

Judicial Inquiry and Review Commission; reform. Increases from seven to 12 the number of members of the Judicial Inquiry and Review Commission (the Commission) by adding two additional attorney members, an additional active judge of the Court of Appeals of Virginia, and two additional citizen members. The bill provides that such attorney members be chosen by members of the General Assembly from recommendations provided by the Council of the Virginia State Bar, the Board of Directors for the Virginia Association of Commonwealth's Attorneys, and the Board of Directors for the Virginia Association of Criminal Defense Lawyers, and reduces the required years of practice for such lawyer members from 15 to eight. The bill establishes an initial and subsequent annual training requirement for each member and any newly hired counsel for the Commission. Additionally, the bill requires the Commission to adopt and implement a conflict of interest policy. The bill clarifies appointment powers of the Governor in any case where a member of the Commission or staff for the Commission is disqualified from or voluntarily recuses himself from participation in a proceeding. Further, the bill requires the Commission to adopt, the Committees for Courts of Justice to approve, and the Commission to make publicly available a Code of Conduct for all Commission members and Commission staff. The bill provides that the Commission shall make all reasonable efforts to contact any witnesses specified in complaints alleging judicial misconduct to assist the Commission. Further, the bill clarifies that the Commission may investigate any complaints within their purview arising out of matters that are pending or on appeal, and that the Commission shall not dismiss such complaints solely on the basis that the matter from which such complaint arose is pending or on appeal. The bill requires the Commission to make publicly available a publication specifying all possible sanctions, informal disciplinary actions, and supervision agreements the Commission may impose on a judge who is the subject of a complaint and provides an option for requiring the mandatory recusal of such judge in certain instances. The bill prohibits the Attorney General from acting as counsel in any proceeding where the Attorney General was involved in a case, either at trial or on appeal, where a complaint of judicial misconduct arose from such case, and provides that the Conflict of Interest policy the Commission adopts shall govern the Attorney General. The bill removes provisions of confidentiality for a complainant that currently bars a complainant from discussing or sharing privileged information regarding any filed complaint and permits such complainant to discuss publicly the filing of a complaint and any associated events relating to the complaint. The bill clarifies notice requirements to the complainant by the Commission. Finally, the bill permits the Office of the Executive Secretary of the Supreme Court of Virginia to provide the annual judicial performance evaluations for all judges subject to evaluation to the Commission, and such evaluations shall remain confidential.

Comprehensive crisis system; Marcus alert system; Department of Behavioral Health and Developmental Services; comprehensive mental health, substance abuse, and developmental disability crisis services; written plan. Allows the Department of Behavioral Health and Developmental Services, in collaboration with the Department of Criminal Justice Services, to amend the written plan created pursuant to relevant law after the publication of such written plan, provided that (i) the stakeholders listed in relevant law are consulted during the development of any new language to be added to such written plan and (ii) a public comment period of no less than 30 days is held prior to the finalization of such written plan. The bill also provides that the written plan shall serve as the operational framework for relevant components of the comprehensive crisis system and the Marcus alert system and that state agencies and local implementing partners shall align their policies, procedures, and operations on an ongoing basis with the requirements and guidance set forth in the written plan, as amended. As introduced, this bill was a recommendation of the Behavioral Health Commission. This bill is identical to SB 513.