Probation, revocation, and suspension of sentence; limitations. Limits the amount of active incarceration a court can impose as a result of a revocation hearing for a probation violation. The bill provides that if the court finds the basis of a violation of the terms and conditions of a suspended sentence or probation is that the defendant was convicted of a criminal offense or violated another condition other than a technical violation, the court may pronounce whatever sentence might have been originally imposed. The bill defines "technical violation" and provides specific limitations on the sentence a court may impose depending on whether the violation is a first, second, or third or subsequent technical violation. The bill also provides that a court may fix the period of probation for up to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned and any period of supervised probation shall not exceed five years from the release of the defendant from any active period of incarceration. The bill also provides that a court must measure any period of suspension of sentence from the date of entry of the original sentencing order.
Sponsored bills
Absentee voting; establishment of drop-off locations; ballot defects; cure process. Requires the establishment of a drop-off location for the return of marked absentee ballots at the office of the general registrar and each voter satellite office. On the day of any election, a drop-off location shall be available at each polling place in operation for such election. The bill allows the general registrar of any county or city to establish additional drop-off locations within the county or city as he deems necessary. The Department of Elections is required to set standards related to the establishment and operation of drop-off locations, including security requirements. The bill also requires general registrars to take certain actions to preprocess absentee ballots returned before election day and to notify an absentee voter of any errors or issues with the completion or return of his absentee ballot that would render the ballot void. The general registrars are required to enter into the voter's record in the registration system that the voter's absentee ballot has an issue requiring correction and to notify the voter in writing or by email of the error or failure, in addition to providing information on how to correct the issue. The absentee voter then has until noon on the third day following the election to make necessary corrections so that his ballot may be counted. This ballot cure process applies only to those absentee ballots received by the Friday immediately preceding the day of the election. The bill contains technical amendments for organizational purposes.
Practice of certified nurse midwives. Eliminatesthe requirement that certified nurse midwives practice pursuant toa practice agreement and provides that certified nurse midwives shall practice in accordance with regulations of the Boards of Medicineand Nursing and consistent with the Standards for the Practice ofMidwifery set by the American College of Nurse-Midwives and shallconsult and collaborate with and refer patients to such other healthcare providers as may be appropriate for the care of the patient.
Admission to bail; rebuttable presumptions againstbail. Eliminates provisions regarding the rebuttable presumptionsagainst being admitted to bail.
Juveniles; competency evaluation; receipt of court order. Requires the appointed evaluator or the director of the community services board, behavioral health authority, or hospital to acknowledge receipt of the court order requiring a competency evaluation to be performed to the clerk of the court on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia as soon as practicable but no later than the close of business on the next business day following receipt of the court order. The bill also provides that if the appointed evaluator or the director of the community services board, behavioral health authority, hospital, or private evaluator is unable to conduct the evaluation, he shall inform the court on the acknowledgment form.
Behavioral Health Commission created. Createsthe Behavioral Health Commission in the legislative branch of stategovernment for the purpose of (i) studying and making recommendationsfor the improvement of behavioral health services and the behavioralhealth service system in the Commonwealth to encourage the adoptionof policies to increase the quality and availability of and ensureaccess to the full continuum of high-quality, effective, and efficientbehavioral health services for all persons in the Commonwealth and(ii) providing ongoing oversight of behavioral health services andthe behavioral health service system in the Commonwealth, includingmonitoring and evaluation of established programs, services, anddelivery and payment structures and implementation of new servicesand initiatives in the Commonwealth and development of recommendations for improving such programs, services, structures, and implementation.
Involuntary admission. Amends provisions governing involuntary inpatient and mandatory outpatient treatment to (i) revise criteria for entry of a mandatory outpatient treatment order to become effective upon expiration of an order for involuntary inpatient treatment; (ii) eliminate the requirement that a person agree to abide by a mandatory outpatient treatment plan to be eligible for mandatory outpatient treatment, and instead require that the judge or special justice find that the person is able to adhere to a mandatory outpatient treatment plan; (iii) eliminate the role of a treating physician in determining when a person is eligible to transition from inpatient to mandatory outpatient treatment under an order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iv) increase from 90 to 180 days the length of an order for mandatory outpatient treatment; (v) revise requirements for monitoring of a person's adherence to a mandatory outpatient treatment plan by a community services board; (vi) add a requirement that a community services board responsible for monitoring a person's adherence to a mandatory outpatient treatment plan report monthly to the court regarding the steps taken to ensure the person does not meet the criteria for an emergency custody order or temporary detention order during the period of mandatory outpatient treatment; (vii) expand the category of persons who may file petitions for various reviews of a mandatory outpatient treatment order or plan; (viii) add a provision for status hearings during the period of mandatory outpatient treatment; and (ix) make other changes to procedures and processes governing mandatory outpatient treatment.
County executive form of government; local budgets. Provides that a county that has adopted the county executive formof government (Albemarle and Prince William Counties) may carry overunspent funds from year to year for multiyear capital projects andoutstanding grants without having to reappropriate the funds.
Natural gas pipelines; stop work orders. Authorizes the Department of Environmental Quality to conduct inspections of the land-disturbing activities related to construction of any natural gas transmission pipeline equal to or greater than 24 inches inside diameter. Current law authorizes such inspections only if such inside diameter is greater than 36 inches. The bill also specifies certain instances that may give rise to such inspection and authorizes the Department to issue a stop work order for every work area in Virginia in the event that substantial adverse impacts or likely adverse impacts are found on a repeated, frequent, and widespread basis.
Standby guardianship; triggering event. Allows a parent who has reason to anticipate his possible detention, incarceration, or deportation connected to an immigration action to petition the court for approval of a standby guardian for the parent's minor child.