Retirement System; benefits for certain local employees. [HB-2102]
Virginia Retirement System; benefits for local law enforcement, correctional, and emergency response employees in certain localities. Permits any locality that is exempt from providing all of the special statutory retirement benefits to local law enforcement, correctional, and emergency response employees because the locality's annual retirement allowance for such employees exceeds the statutory amount, to provide all of the other statutory benefits except the statutory annual retirement allowance (i) to all employees eligible for such benefits
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HB-2102: Retirement System; benefits for certain local employees.
Sponsored by: Rep. Vivian Watts
House: Left In Appropriations on 02/08/2011
Death sentence; removes some circumstances which circuit courts are required to set execution dates. [HB-2092]
Death sentence; execution dates. Removes some of the circumstances in which circuit courts are required to set execution dates before state and federal review of an inmate's death sentence is complete. The federal Antiterrorism and Effective Death Penalty Act of 1996 has revised the remedies available to the convicted person and imposes a one-year statute of limitations for filing petitions for federal review of state convictions and sentences.
HB-2092: Death sentence; removes some circumstances which circuit courts are required to set execution dates.
Sponsored by: Rep. Charniele Herring
House: Left In Militia, Police And Public Safety on 02/08/2011
Redistricting local districts; local government may exclude from its calculations. [HB-2073]
Elections; redistricting local districts; prison populations. Provides that the local governing body may exclude from its calculations in drawing local districts for decennial redistricting the population of certain correctional facilities. The bill includes federal and regional, as well as state, correctional facilities and allows the exclusion of the facility population if it exceeds 12 percent of the ideal population of an election district of the locality. The bill contains an emergency clause.
HB-2073: Redistricting local districts; local government may exclude from its calculations.
Sponsored by: Rep. Riley Ingram
Senate: Passed By Indefinitely In Privileges And Elections (8-y 7-n) on 02/15/2011
Assault and battery; penalty when against an employee of prison contractor. [HB-2064]
Assault and battery of an employee of a prison contractor. Adds an employee of a prison contractor, as defined in §53.1-261, to the list of persons who, when a victim of assault or assault and battery, subject the perpetrator to enhanced punishment as a Class 6 felony instead of a Class 1 misdemeanor.
HB-2064: Assault and battery; penalty when against an employee of prison contractor.
Sponsored by: Rep. Robert Bell
Senate: Left In Finance on 02/22/2011
Commitment on parole supervision; court services unit to consult with local social services. [HB-2036]
Release of persons from commitment on parole supervision. Changes the time during which the court services unity shall consult with the local department of social services concerning return of a person released from the Department of Juvenile Justice to a locality from four weeks to 90 days prior to the date on which the person is released, and provides that during that time the court services unit and the local department of social services shall collaborate to develop a plan that prepares the person for successful transition from the Department's
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HB-2036: Commitment on parole supervision; court services unit to consult with local social services.
Sponsored by: Rep. Christopher Peace
Governor: Acts Of Assembly Chapter Text (chap0039) on 03/10/2011
Court clerks' office; may transmit copies of orders for transfer of prisoners, etc. [HB-1973]
Efficiency of court clerks' offices. Provides that the person responsible for taking attendance when the potential jurors are assembled, and not the clerk, is responsible for verifying the identities of the jurors. The bill also allows clerks to transmit or make available electronically to the Director of the Department of Corrections copies of the order of trial and final order for persons sentenced to the Department. Finally, the bill provides that if a power of attorney that has been recorded is revoked, a clerk may require that the revocation
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HB-1973: Court clerks' office; may transmit copies of orders for transfer of prisoners, etc.
Sponsored by: Rep. R. Steven Landes
Governor: Acts Of Assembly Chapter Text (chap0470) on 03/24/2011
Prisoners; mandatory testing for human immunodeficiency virus. [HB-1688]
Corrections facilities. Requires the Department of Corrections to offer to test an inmate who does not have a record of a positive test result for infection with human immunodeficiency virus within 60 days of his scheduled discharge. Prior to administering the test, the Department shall inform the inmate of the purpose of the test. An inmate may decline being tested.
HB-1688: Prisoners; mandatory testing for human immunodeficiency virus.
Sponsored by: Sen. Kenneth Alexander
Governor: Acts Of Assembly Chapter Text (chap0398) on 03/23/2011
Correctional officers; overtime compensation. [HB-1678]
Overtime compensation of correctional officers. Adds full-time, duly-sworn employees of correctional facilities whose duties relate to the control, supervision, and custody of prisoners to the definition of "law-enforcement employee" for purposes of overtime compensation.
Prisoners; mandatory testing for human immunodeficiency virus. [HB-1662]
Mandatory testing of prisoners for HIV. Requires the Department of Corrections to test all prisoners received by the Department for human immunodeficiency virus upon arrival and prior to release, and authorizes the Department to test for human immunodeficiency virus at other times as the Department deems necessary. This bill was incorporated into
HB-1662: Prisoners; mandatory testing for human immunodeficiency virus.
Sponsored by: Sen. Kenneth Alexander
House: Incorporated By Militia, Police And Public Safety (hb1688-dance) By Voice Vote on 02/04/2011
Home/electronic incarceration; good conduct credits. [HB-1562]
Good conduct credits; home electronic incarceration. Requires misdemeanants assigned to home electronic incarceration, unless serving a mandatory minimum sentence, to earn good conduct credit at the rate of one day for each day served if they are participating in work release employment or an educational or other rehabilitative program or due to a medical condition.
HB-1562: Home/electronic incarceration; good conduct credits.
Sponsored by: Rep. Paula Miller
House: Subcommittee Recommends Reporting With Amendment(s) (4-y 0-n) on 01/28/2011
Parole; eligibility for certain inmates otherwise ineligible. [HB-1533]
Parole; eligibility for certain inmates otherwise ineligible. Provides that in the case of a person who is ineligible for parole for a combination of three or more offenses involving murder, rape, or robbery, the Parole Board shall consider a petition for reconsideration of ineligibility for parole if the person (i) was convicted only of robbery, (ii) did not injure or attempt to injure any person, (iii) did not have assistance of counsel in preparing a petition for review of ineligibility previously considered on the merits under this provision,
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HB-1533: Parole; eligibility for certain inmates otherwise ineligible.
Sponsored by: Rep. Algie Howell
House: Left In Militia, Police And Public Safety on 02/08/2011
Terrorism, federal; those accused or convicted shall not be held in custody in state/local facility. [HB-15]
Custody in state and local correctional facilities of those accused or convicted of federal terrorism. Provides that no person who is accused or convicted of terrorism in violation of federal law, as terrorism is defined in 18 U.S.C. §2331, shall be held in custody in any state, regional, or local correction facility unless (i) such person is also accused or convicted of a violation of state or local law or (ii) there is an agreement or contract with the federal government, as of June 30, 2010, to hold federal prisoners, which may include any such
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HB-15: Terrorism, federal; those accused or convicted shall not be held in custody in state/local facility.
Sponsored by: Rep. C. Todd Gilbert
Senate: Left In Courts Of Justice on 12/02/2010
Prisoners; prohibits use of restraints on those who are pregnant, exception. [HB-1488]
Restraint of certain prisoners. Prohibits a state, regional, local, or juvenile correctional facility from using restraints on any prisoner who is pregnant during labor, transport to a medical facility, delivery, or postpartum recovery unless the warden, superintendent, or jailor finds there is a compelling reason to believe that the prisoner poses serious harm to herself or others, is a flight risk, or cannot be reasonably restrained by other means. Such facility shall use the least restrictive restraints necessary on any inmate in the second or
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HB-1488: Prisoners; prohibits use of restraints on those who are pregnant, exception.
Sponsored by: Rep. Patrick Hope
House: Subcommittee Recommends Reporting With Amendment(s) (4-y 0-n) on 01/28/2011
Risk management plan; amends to include prison chaplains. [HB-1477]
Risk management plan; prison chaplains. Amends the Commonwealth's risk management plan to include prison chaplains who provide services at state correctional facilities for compensation. Current law only includes volunteer chaplains under the risk management plan.
HB-1477: Risk management plan; amends to include prison chaplains.
Sponsored by: Rep. M. Kirkland Cox
Governor: Acts Of Assembly Chapter Text (chap0359) on 03/22/2011
Cannabinoids, synthetic; penalties for transport, possession, sale, or distribution, etc. [HB-1434]
Penalties for possession, sale, gift, distribution or possession with intent to sell, give or distribute synthetic cannabinoids; bath salts. Lists those chemicals that comprise synthetic cannabinoids and makes possession a Class 1 misdemeanor. Possession with intent to distribute and manufacturing are felonies. The first offender statute applies as it does to marijuana and controlled substances. The bill criminalizes privately compounding with the specific intent to circumvent the criminal penalties for synthetic cannabinoids. The bill also allows
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HB-1434: Cannabinoids, synthetic; penalties for transport, possession, sale, or distribution, etc.
Sponsored by: Rep. John O'Bannon
Governor: Acts Of Assembly Chapter Text (chap0384) on 03/23/2011
Residential community programs; DOC to give nonviolent prisoners opportunity to participate. [HB-1316]
Corrections; residential community programs. Directs the Department of Corrections, where appropriate and when resources are available, to give nonviolent prisoners who have not been convicted of specific offenses or sentenced to one or more life terms the opportunity to participate in a residential community program, work release, or a community-based program. Current law requires that the prisoner not be convicted of any violent crime and be sentenced to at least three years. The bill allows for up to 30 percent of the prisoner's gross earnings
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HB-1316: Residential community programs; DOC to give nonviolent prisoners opportunity to participate.
Sponsored by: Sen. Jennifer McClellan
House: Left In Militia, Police And Public Safety on 12/03/2010