Criminal Justice (Corrections)

Local, regional, and community correctional facilities; access to counsel for inmates. Requires the State Board of Local and Regional Jails to establish additional standards no later than January 1, 2027, to ensure access to legal counsel for inmates held in any local, regional, or community correctional facility and enumerates the standards that the Board shall include in such additional standards.

State correctional facilities; required education or vocational training; earned sentence credits classification levels. Requires a prisoner in a state correctional facility, as a part of his reentry plan developed and implemented by the Department of Corrections, to complete a high school equivalency test or vocational, technical, or other certification prior to such prisoner's release. The bill also provides that the annual review of a prisoner's classification level for earned sentence credits shall include such prisoner's quantifiable or measurable progress, as available, in any programs, job assignments, and educational curricula in which he is participating, such as test scores achieved or completion of a high school equivalency test or other trade or vocational certification.

Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; grant procedures. Requires the grant procedure to govern funds awarded to local and regional jails for the planning or operation of substance use disorder treatment services and transition services for persons with substance use disorder who are incarcerated in local and regional jails to include requirements that (i) any grant awarded shall be made for up to three years and (ii) an applicant for a grant submit a plan demonstrating how such applicant will become independently financially viable within the time period for which the grant is awarded. This bill is a recommendation of the Joint Commission on Health Care and is identical to SB 599.

Department of Juvenile Justice; limiting room or cell confinement for minors committed to a juvenile correctional facility; report. Directs the Department of Juvenile Justice, in collaboration with relevant stakeholders, to establish clear standards to maximize the amount of time that a minor committed to a juvenile correctional facility spends out of the confinement of his room or cell. The bill directs the Department to study and consider the benefits to minors of limiting such confinement and the impact of such benefits on factors such as the safety of the facility and successful reentry into the community, and, in considering and studying such benefits, to develop a minimum number of hours per day that minors committed to a juvenile correctional facility shall spend out of the confinement of their rooms or cells. The bill directs the Department to report on certain data collected after developing and implementing such standards and other related training and programming to the Commission on Youth and the Chairs of the Senate Committee on Rehabilitation and Social Services and the House Committees on Health and Human Services and Public Safety by November 1, 2026. As introduced, this bill was a recommendation of the Commission on Youth.

Petition for modification of a sentence; eligibility; procedures; report. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.

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.

Local correctional facilities; reimbursements for housing convicted state felons. Provides that, notwithstanding the quarterly installment payments the Compensation Board is required to provide for reimbursements to localities, the Compensation Board shall ensure that it provides reimbursement to localities for the entirety of the costs incurred by such locality arising from housing convicted state felons in any local or regional correctional facility.

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.

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.

Community service work in lieu of payment of fines and costs; work performed while incarcerated. Requires a court to establish a program and allow any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of (i) community service work performed before or after imprisonment or (ii) work performed while incarcerated, defined in the bill as any work done on or after July 1, 2023, by a person confined in any local, regional, or state correctional facility who is paid a wage that is less than the Virginia minimum wage.The bill requires such program to be available during such person's imprisonment in a local, regional, or state correctional facility. The bill provides that a person who is performing work while incarcerated shall be credited at the same rate as the community service work rate less any wages received. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory. The bill also requires the local, regional, or state correctional facility to provide confirmation of the hours worked and the credits earned for such work upon request of any person who has performed work while incarcerated or his representative.