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.
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.
Issuance of vacatur for victims of human trafficking. Expands the current process for the issuance of writs of vacatur for victims of human trafficking to include ancillary matters, defined in the bill, and any charge or arrest related to a qualifying offense as defined in current law. The bill also expands the list of qualifying offenses eligible for such writ. This bill is identical to SB 748.
Modification of sentence for marijuana-related offenses. Creates a process by which a person adjudicated delinquent or convicted of certain felony offenses involving, or violations of probation or community supervision related to, the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana committed prior to July 1, 2021, who remains incarcerated or on probation or community supervision on July 1, 2026, may receive an automatic hearing to consider modification of such person's sentence. The bill sunsets on July 1, 2029. This bill is identical to HB 26.
Department of Juvenile Justice; commitment of juveniles to Department; petition to extend duration of indeterminate commitment. Creates a process by which the Department of Juvenile Justice, upon determining that a juvenile currently committed to the Department should continue such commitment beyond the high end of the length of stay guidelines established by the State Board of Juvenile Justice, may petition the court that ordered a juvenile's indeterminate commitment to the Department to extend such juvenile's commitment. The bill requires the Department to file such petition at least 60 days prior to the expiration of the high end of the length of stay range, along with a report on the juvenile's progress. If the Department determines fewer than 60 days before expiration that an extension is necessary, it shall file a petition for review that includes a statement explaining the specific circumstances causing the late filing. The bill provides that the court shall schedule a hearing on the petition at which the court shall consider such progress report and may consider additional evidence as described in the bill. The bill provides that, at the conclusion of the hearing, the court shall order either that the juvenile be released or that the juvenile's period of commitment be extended for a period not to exceed six months, provided that such extension does not exceed the limitations for an indeterminate commitment provided by current law. As introduced, this bill was a recommendation of the Virginia Commission on Youth.
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.
Department of Military Affairs; feasibility of Sexual Offense Prevention and Response Officer; report. Directs the Department of Military Affairs to assess the feasibility of and develop recommendations related to establishing a Sexual Offense Prevention and Response Officer position within the Sexual Offense Prevention and Response Program to perform victim advocacy services. The bill requires the Adjutant General to report to the Governor, the Lieutenant Governor, the Speaker of the House of Delegates, and the Chairs of the House and Senate Committees for Courts of Justice no later than November 1, 2026.
Discovery; methods of delivery; report. Requires the Commonwealth, upon request by the accused or his counsel, to copy or photograph any discovery materials or evidence the accused is permitted to inspect and review, including relevant police reports, criminal records, dashboard camera footage, and body-worn camera footage, and requires the Commonwealth to provide copies to the accused or his counsel, subject to the redaction, restricted dissemination, and protective order provisions of the relevant Rules of the Supreme Court of Virginia and unless such material is prohibited from being distributed by law. The bill also directs the Department of Criminal Justice Services to evaluate and report, no later than November 1, 2026, the feasibility, costs, and other impacts with requiring the attorney for the Commonwealth to provide counsel of record for the accused a copy of any relevant police report at least 10 days prior to trial or preliminary hearing.
An Act to amend and reenact §§ 53.1-136, 53.1-154, 53.1-154.1, and 53.1-155 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 53.1-151.1, relating to discretionary parole criteria guidelines.
Recovery residences; regulations. Establishes certain requirements for recovery residences and directs the State Board of Behavioral Health and Developmental Services (the Board) to promulgate regulations to establish minimum certification standards for recovery residences. The bill also requires that the regulations promulgated by the Department of Behavioral Health and Developmental Services (the Department) related to the certification of recovery residences include provisions that no recovery residence, or operator, employee, or agent of a recovery residence, may require a resident to participate in medical or psychological services, including clinical substance use treatment, that such recovery residence receives financial benefit from, either directly or indirectly, as a condition of entering or continuing residence at such recovery residence. The bill requires the Department to monitor credentialing agencies providing credentials to recovery residences to ensure criteria related to certification comply with regulations and specifies that no such credentialing agency shall provide credentials to a recovery residence that is owned or operated by an individual who is employed by or in a position of authority at such credentialing agency, or an immediate family member of any such individual. The bill also requires that referrals to recovery residences made by the Department, any agency of the Commonwealth, or by a court may only be made to recovery residences that are certified. This bill is identical to HB 931.
