Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused; (ii) the information provided to counsel for the accused; (iii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing; and (iv) the compensation of counsel for the accused. The bill provides that, effective in due course, the chief judge in each circuit shall create a plan to be completed by November 1, 2026, that establishes the means by which the jurisdiction will meet such provisions. The remaining provisions of the bill have a delayed effective date of January 1, 2027.
Virginia Youth Empowerment and Mentoring Grant Fund and Program; established. Establishes the Virginia Youth Empowerment and Mentoring Grant Fund and Program, to be administered by the Department of Criminal Justice Services, for the purpose of awarding grants to community-based organizations for the purpose of placing mentors with high-risk youth in an effort to transition such youth into careers in certified high-wage trades.
Court fines and fees; indigent defendant; waiver of fees. Provides that in any criminal or traffic case, the court may waive the assessment of certain fees specified in the bill, either wholly or in part, if the court determines the defendant to be indigent pursuant to the financial criteria set forth in relevant law and unable to pay such fee. The bill provides that the court may make such determination sua sponte or upon motion of the defendant at any time prior to the entry of an order for which such fee is assessed or the final order has been entered.
Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant; deferred payment agreement. Extends from 90 days without payment to 180 days without payment the period of delinquency necessary for an account to be included on the required monthly report of delinquent accounts made by the clerk of the circuit court and district court.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 the defendant's scheduled release from incarceration on the charge for which such defendant received the longest period of active incarceration. The bill has a delayed effective date of January 1, 2027. This bill was incorporated into SB 180.
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.
Deferred or installment payment agreements; outstanding court-assessed fines, fees, taxes, or costs. Provides that the attorney for the Commonwealth or the clerk of the circuit court shall not require an individual to pay any outstanding court-assessed fines, fees, taxes, or costs arising from a criminal proceeding during the 180-day period following an individual's release from a term of imprisonment. This bill was incorporated into SB 180.
Parole; eligibility; youthful offenders. Expands the eligibility requirements for juvenile parole to include (i) any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was 20 years of age or younger and who has served at least 20 years of such sentence and (ii) any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was 20 years of age or younger and who has served at least 20 years of such sentence. Under current law, only a person who was a juvenile when he committed any such offense is eligible for juvenile parole.
Child abuse or neglect; prenatal use of a controlled substance or drug as prescribed. Clarifies that a pregnant woman's prenatal use of a controlled substance or drug as prescribed by such woman's health care provider shall not solely be a reason to suspect that a child is abused or neglected.
