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 any defendant sentenced to an active term of incarceration and ordered to pay any fine cost, forfeiture, or penalty related to the charge for which such defendant was incarcerated, or any other chare for which such defendant was sentenced on the same day, the court shall enter such defendant into a deferred payment agreement with a due date set no earlier than 180 days after the defendant's scheduled release from incarceration on the charges for which such defendant was sentenced on the same day.
Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings in jurisdictions having a public defender office, including (i) the appointment of counsel for the accused and (ii) a requirement that counsel for the accused, when practicable, be provided with adequate time to confer with the accused prior to any bail hearing. The bill also allows a jurisdiction that does not have a public defender office establish to implement such provisions. 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.
Abolition of fees; legal representation of indigent defendant; jury trial costs; report. Eliminates the fees for the cost of court-appointed counsel or public defender representation for persons who are determined to be indigent. The bill also eliminates fees for persons who utilize a jury trial. The bill contains a reenactment clause for such elimination of fees.The bill also directs the Indigent Defense Commission, in consultation with the Executive Secretary of the Supreme Court or his designee, to convene a work group with all relevant stakeholders, including the Attorney General or his designee, the Secretary of Health and Human Resources or his designee; representatives from the Compensation Board, the Virginia Crime Commission, the Virginia Joint Legislative Audit and Review Commission, the Virginia Court Clerk's Association, the Virginia Association of Commonwealth's Attorneys, staff from the House Appropriations and the Senate Finance and Appropriations Committees, and the Virginia Probation and Parole Association; and a minimum of two criminal justice reform organizations working on fees and other financial assessments imposed in criminal prosecutions in Virginia; on several topics, including current collection practices, use of funds received as a result of such collections, and the burden of a fee assessment on indigent individuals. The bill requires the work group to submit an executive summary and report of its findings and recommendations to the Governor and the General Assembly by November 1, 2026, and a final report by November 1, 2027.
Court Date Reminder Program established. Establishes a Court Date Reminder Program, to be developed or procured by the Executive Secretary of the Supreme Court of Virginia, for the purpose of reminding criminal defendants to appear at each of their scheduled court appearances. The bill directs the Program to send a text message notification to any defendant with a criminal case in general district court or circuit court for whom the court has a telephone number prior to any scheduled hearing that requires his appearance and allows a defendant to opt out of participating in the Program. The Program has a delayed effective date of July 1, 2027.The bill also directs the Executive Secretary of the Supreme Court to convene a Court Date Reminder Program work group to advise on the implementation and expansion of the Program and submit a report of its findings and recommendations to the Supreme Court of Virginia and the Chairs of the House and Senate Committees for Courts of Justice by December 1, 2026.
Parole; investigation prior to release; input from the attorney for the Commonwealth. Requires the Parole Board to notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which a prisoner is incarcerated as part of the required investigation to determine if such prisoner will be released on parole. The bill further provides that the attorney for the Commonwealth may submit his input to the Board regarding the impact the release of the prisoner will have on the jurisdiction. The bill requires that any such input received shall be considered by the Board but shall not infringe on the Board's authority to exercise its decision-making authority.
Aggravated murder defined; correctional officers; punishment. Adds to the definition of aggravated murder, which is a Class 1 felony, the willful, deliberate, and premeditated killing of a correctional officer, defined in relevant law, when such killing is for the purpose of interfering with the performance of his official duties. The bill also provides that where the offender was 18 years of age or older at the time of the offense, the punishment shall be no less than a mandatory minimum term of confinement for life.
Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions; retaining counsel. Provides that the speedy trial statute is tolled for the accused to retain private counsel or have counsel appointed to him pursuant to relevant law. The bill requires the court to conduct, not more than 30 days apart, reviews of the accused's attorney status and provides that such tolling shall end when the accused has either retained counsel or had counsel appointed to him and such counsel has entered an appearance in the case or the accused executes a valid waiver of counsel. Lastly, the bill provides that such provisions shall not be construed as ending the tolling of speedy trial for any other reason pursuant to relevant law.
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.
Boyd-Graves Conference and Virginia Criminal Justice Conference; work group to address legal deserts within the Commonwealth; report. Directs the Boyd-Graves Conference, in conjunction with the Virginia Criminal Justice Conference, to convene a work group of relevant stakeholders to make recommendations for legislative solutions to address the disparities in the geographical distribution of available legal services within the Commonwealth. The bill directs the work group to report its findings and recommendations to the Chairs of the House and Senate Committees for Courts of Justice by November 1, 2026.
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.
