Prisons And Other Methods Of Correction
Virginia 2024 Regular Session
Parole Board; voting requirements. [HB-913]
Parole Board; voting requirements. Provides that notwithstanding any other provision of law or regulation, if the Parole Board adopts a rule or regulation requiring the concurrence of four or more members of the Board to grant discretionary parole or conditional release, in the event that there are less than four members but at least three members on the Parole Board, then such requirement shall be satisfied upon a unanimous vote of the members on the Board. Parole Board; voting requirements. Provides that notwithstanding any other provision of
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Sponsored by: Rep. Irene Shin
Governor: Acts Of Assembly Chapter Text (chap0458) on 04/04/2024
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Gettr Virginia 2024 Regular Session
Investigation prior to release; input from the attorney for the Commonwealth. [SB-263]
Investigation prior to release; input from the attorney for the Commonwealth. Provides that when the Parole Board is conducting the required investigation to determine if a prisoner will be released on parole, the Board must notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated, and the attorney for the Commonwealth may submit his input to the Board regarding the impact that the release of the prisoner will have on public safety.
Sponsored by: Sen. Christie New Craig
Passed By Indefinitely In Rehabilitation And Social Services (8-y 7-n) on 01/19/2024
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Virginia 2024 Regular Session
Investigation prior to release; input from the attorney for the Commonwealth. [HB-554]
Investigation prior to release; input from the attorney for the Commonwealth. Provides that when the Parole Board is conducting the required investigation to determine if a prisoner will be released on parole, the Board must notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated, and the attorney for the Commonwealth may submit his input to the Board regarding the impact that the release of the prisoner will have on public safety.
Sponsored by: Rep. Joseph Obenshain
Left In Courts Of Justice on 02/13/2024
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Virginia 2024 Regular Session
Corrections Ombudsman, Office of the Department of; created, annual report. [HB-555]
Office of the Department of Corrections Ombudsman; created. Creates, within the Office of the State Inspector General, the Office of the Department of Corrections Ombudsman (the Office) headed by an Ombudsman who is selected by the State Inspector General. The bill creates the Corrections Oversight Committee (the Committee) made up of four members of the General Assembly, nine nonlegislative citizen members appointed by the Governor, subject to criteria described in the bill, and two nonvoting members, appointed as described in the bill, who monitor
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Sponsored by: Rep. Patrick Hope
Governor: Acts Of Assembly Chapter Text (chap0392) on 04/04/2024
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Virginia 2024 Regular Session
Prisoner; physical examination by licensed nurse practitioner. [HB-479]
Physical examination of prisoner; licensed nurse practitioner; licensed physician assistant. Provides that each person received by the Department of Corrections shall be examined by a licensed physician, licensed nurse practitioner, or licensed physician assistant upon his arrival, within 30 days prior to any work assignment in food services, medical services, or cosmetological services or a change in work assignment, and at such other times thereafter as may be deemed necessary. Under current law, such examination may be performed only by a licensed
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Sponsored by: Rep. Carrie Coyner
Governor: Acts Of Assembly Chapter Text (chap0193) on 03/28/2024
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Virginia 2024 Regular Session
Enhanced earned sentence credits; eligibility of person convicted of felony drug offenses. [HB-451]
Enhanced earned sentence credits; exemptions; felony drug offenses. Removes any person convicted of a second or subsequent felony drug offense from being eligible to earn enhanced earned sentence credits.
Sponsored by: Rep. Joseph Obenshain
Left In Courts Of Justice on 02/13/2024
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Virginia 2024 Regular Session
Geriatric prisoners; conditional release. [HB-308]
Conditional release of geriatric prisoners. Expands the list of offenses that prohibit a person from petitioning the Parole Board for conditional release as a geriatric prisoner.
Sponsored by: Rep. Jason Ballard
Left In Public Safety on 02/13/2024
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Virginia 2024 Regular Session
Decreasing probation period; establishes criteria for mandatory reduction. [SB-80]
Decreasing probation period; criteria for mandatory reduction; report. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing qualifying educational activities, maintaining verifiable employment, and complying with or completing any state-certified or state-approved mental health or substance abuse treatment program. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and in the interests of justice and may do so without a hearing.
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Sponsored by: Sen. Jennifer Boysko
Senate Sustained Governor's Veto on 04/17/2024
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Virginia 2024 Regular Session
Imprisonment; consecutive terms. [HB-179]
Consecutive terms of imprisonment. Eliminates the required imposition of mandatory consecutive sentences of imprisonment.
Sponsored by: Rep. Nadarius Clark
Failed To Pass In House on 02/13/2024
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Virginia 2024 Regular Session
State correctional and juvenile correctional facilities; use of canines, prohibited acts. [HB-159]
Use of canines in correctional and juvenile correctional facilities; prohibited acts. Makes it unlawful for any correctional officer or other employee of a state correctional facility who is permitted to handle canines to use a patrol or security canine in any state correctional facility unless such correctional officer or other employee (i) reasonably believes that the use of a patrol or security canine is immediately necessary to protect any prisoner or any officer or employee from the threat of serious bodily injury or death or (ii) has the prior
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Sponsored by: Rep. Sam Rasoul
Governor: Acts Of Assembly Chapter Text (chap0099) on 03/20/2024
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Virginia 2024 Regular Session
Local and Regional Jails, State Board of; powers and duties. [HB-103]
State Board of Local and Regional Jails; powers and duties. Requires the State Board of Local and Regional Jails, when promulgating regulations and adopting any policy or guidance document related to the enforcement of any minimum standards applicable to local, regional, or community correctional facilities, to expressly and specifically include such items in its published agenda for meetings of the Board or any of its subcommittees. The bill also requires the Board, when developing and implementing policies and procedures for the review of the
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Sponsored by: Rep. Patrick Hope
Governor: Acts Of Assembly Chapter Text (chap0136) on 03/26/2024
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Virginia 2024 Regular Session
Robbery; conforms certain provisions of the Code of VA to the degrees of robbery offenses, etc. [HB-77]
Robbery. Conforms certain provisions of the Code referencing robbery to the degrees of robbery offenses established by Chapter 534 of the Acts of Assembly of 2021, Special Session I. These changes include: (i) limiting to the three higher degrees of robbery certain non-robbery crimes for which committing such crime with the intent to commit a robbery is an element of the offenses, (ii) limiting the types of robbery that are included in the definition of "acts of violence" to the two higher degrees of robbery, (iii) clarifying how robbery offenses
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Sponsored by: Rep. Vivian Watts
House Sustained Governor's Veto on 04/17/2024
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Virginia 2024 Regular Session
Earned sentence credits; incarceration prior to entry of final order of conviction. [HB-45]
Earned sentence credits; incarceration prior to entry of final order of conviction. Provides that a person's eligibility for earned sentence credits shall include any period of time actually spent in any state or local correctional facility, state hospital, or juvenile detention facility for the offense such person was held deducted from such person's term of incarceration or detention. The bill also provides that all time actually spent by a person in confinement or detention shall be used in calculating such person's earned sentence credits. Earned
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Sponsored by: Rep. Sam Rasoul
House Sustained Governor's Veto on 04/17/2024
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Virginia 2024 Regular Session
Jails, local; compensation for cost of incarceration as calculated in report. [SB-41]
Local jails; compensation for cost of incarceration. Requires the Department of Corrections to compensate local jails for the actual cost, based on the rate calculated in the Compensation Board's annual Jail Cost Report, of incarcerating felons who should otherwise be confined in a state correctional facility. Current law provides for local jails to be compensated at the rate set forth in the general appropriation act.
Sponsored by: Sen. Mark Peake
Passed By Indefinitely In Finance And Appropriations (10-y 5-n) on 01/31/2024
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Virginia 2024 Regular Session
Abuse and neglect of children; causing or enabling child to gain possession of a firearm, penalty. [SB-44]
Abuse and neglect of children; causing or enabling child to gain possession of a firearm; penalty. Creates a Class 5 felony for any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination, pursuant to relevant law, that such child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian,
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Sponsored by: Sen. Adam Ebbin
Governor: Acts Of Assembly Chapter Text (chap0162) on 03/26/2024
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Virginia 2024 Regular Session
Abuse and neglect of children; causing or enabling child to gain possession of a firearm, penalty. [HB-36]
Abuse and neglect of children; causing or enabling child to gain possession of a firearm; penalty. Creates a Class 5 felony for any parent, guardian, or other person who is 18 years of age or older and is responsible for the care of a child under the age of 18 whose willful act or omission causes or enables that child to gain possession of a firearm (i) after having received notice of a preliminary determination, pursuant to relevant law, that such child poses a threat of violence or physical harm to self or others or (ii) when such parent, guardian,
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Sponsored by: Rep. Vivian Watts
Governor: Acts Of Assembly Chapter Text (chap0161) on 03/26/2024
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Virginia 2023 Regular Session
Enhanced earned sentence credits; certain firearm-related offenses, etc. [SB-1542]
Enhanced earned sentence credits; exemptions; certain firearm-related offenses; felony conviction during confinement. Removes any person convicted of certain felony offenses involving a firearm from eligibility for enhanced earned sentence credits and reduces enhanced earned sentence credit to zero for a person who receives a felony conviction for an offense that occurred while a prisoner in a local, state, or community correctional facility or in the custody of an employee thereof. Enhanced earned sentence credits; exemptions; certain firearm-related
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Sponsored by: Sen. Richard Stuart
Passed By Indefinitely In Judiciary (9-y 4-n) on 02/01/2023
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Virginia 2023 Regular Session
Correctional facilities; use of restorative housing. [HB-2487]
Correctional facilities; use of restorative housing. Prohibits the use of restorative housing, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that an incarcerated person who has been placed in restorative housing be offered a minimum of four hours of out-of-cell programmatic interventions or other congregate activities per day aimed at promoting personal development or addressing underlying causes of problematic behavior. The bill also requires the facility administrator to have a defined
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Sponsored by: Rep. Tony Wilt
Governor: Approved By Governor-chapter 392 (effective 7/1/23) on 03/23/2023
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Virginia 2023 Regular Session
Local and Regional Jails, State Board of; increases membership. [HB-2438]
State Board of Local and Regional Jails; membership. Increases from nine members to 11 members the State Board of Local and Regional Jails by requiring (i) the appointment of both a former sheriff and a former superintendent of a regional jail facility where current law requires appointment of only one former sheriff or one former warden, superintendent, administrator, or operations manager of a state or local correctional facility and (ii) the appointment of an additional member who is employed by a public mental health services agency with training
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Sponsored by: Sen. Emily Brewer
Governor: Acts Of Assembly Chapter Text (chap0657) on 03/26/2023
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Virginia 2023 Regular Session
Geriatric prisoners; conditional release, review hearings. [HB-2412]
Geriatric prisoners; conditional release; review hearings. Directs the Parole Board to review annually all petitions for geriatric conditional release. The bill provides that the Parole Board may, however, defer subsequent hearings for up to three years if an initial hearing was held and the petition for conditional release was denied. The bill also requires that, in situations in which a person who is otherwise eligible for parole under current law also files a petition for geriatric conditional release, the Parole Board conduct the reviews for
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Sponsored by: Rep. Jason Ballard
Passed By Indefinitely In Rehabilitation And Social Services (8-y 5-n) on 02/17/2023