Restorative justice practices. Provides that participation in a restorative justice practice, as defined in the bill, shall not be used as evidence or as an admission of guilt, delinquency, or civil liability in current or subsequent legal proceedings against any participant. The bill also provides that restorative justice communications, defined in the bill, are not admissible in, or subject to discovery for, any legal proceeding, and disclosure of such communications shall not be compelled in any judicial or administrative proceeding, arbitration, or mediation. The bill prohibits any person involved in a restorative justice practice, as defined in the bill, from testifying about any phase of such practice in any judicial or administrative proceeding, arbitration, or mediation except in certain circumstances enumerated in the bill. Lastly, the bill provides civil immunity for any person, who in good faith, discloses any restorative justice communication based on his belief that such disclosure is allowed pursuant to such provisions, provided that such disclosure was limited to solely address any such allowable disclosure.
Evidence of defendant's mental condition admissible. Provides that evidence of the defendant's mental condition at the time of the alleged offense, including lay testimony, may be admitted and considered if such evidence (i) has any tendency to show the defendant did or did not have a mental state that is an element of the offense or an affirmative defense and (ii) is otherwise admissible pursuant to the general rules of evidence. The bill also provides such evidence offered by the defendant that shows he had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible as it has a tendency to show the defendant did not have the required mental state. The current standard requires that such evidence tend to show the defendant did not have the intent required for the offense charged. The bill also provides that notwithstanding any other provision of law or rule of evidence, any statement made by the accused to an expert during an examination to allow such expert to form an opinion on whether or not the accused had a mental condition at the time of or near any act related to the offense, or a defense to or for such offense, is admissible if such statement is offered by the accused.
Restorative housing and isolated confinement; restrictions on use. Prohibits the use of isolated confinement, defined in the bill, in state correctional facilities, subject to certain exceptions. The bill requires that before placing an incarcerated person in restorative housing or isolated confinement for his own protection, the facility administrator shall place an incarcerated person in a less-restrictive setting, including by transferring such person to another institution or to a special-purpose housing unit for incarcerated persons who face similar threats. The bill requires that if an incarcerated person is placed in restorative housing or isolated confinement, such placement shall be reviewed every two business days and the facility administrator shall ensure that the incarcerated person receives a medical and mental health evaluation from certified medical and mental health professionals within one working day of placement in restorative housing or any form of isolated confinement. The bill also requires the facility administrator to notify the regional administrator in writing that an incarcerated person was placed in restorative housing or isolated confinement within 24 hours of such placement. Finally, the bill requires that formal reviews of an incarcerated person's placement in any form of isolated confinement shall be held in such person's presence, inform him of any reasons administrative officials believe isolated confinement remains necessary, and give the incarcerated person an opportunity to respond to those reasons, and a formal ruling shall be provided to the incarcerated individual within 24 hours.
Civilian deaths in custody; failure to comply with annual report; funding for local and regional adult correctional facilities. Requires the State Board of Local and Regional Jails to notify the Office of the Governor if any local or regional correctional facility fails to send reports with information required by law regarding civilian deaths in custody within 10 days. If such facility fails to comply within 10 days, the bill allows the Governor discretion to direct the Comptroller to withhold all further payment to such facility of all funds, or of any part of them, appropriated and payable by the Commonwealth to such facility, for any and all purposes, until such correctional facility complies.
State correctional facilities; participation of prisoners in employment and educational programs; reentry planning. Expands the program assignments in which the Director of the Department of Corrections may place a prisoner while such prisoner is confined in a state correctional facility. The bill requires the Director to place a prisoner in an appropriate program assignment within (i) 90 days of the arrival of a prisoner sentenced to a new term of confinement to a state correctional facility or (ii) 60 days of a prisoner already in custody being transferred to a new state correctional facility and provides that participation in such program assignments shall be for an average of 30 hours per week, calculated individually across the calendar year. Finally, the bill expands upon the requirements for a prisoner's reentry plan, including requiring an assessment, if necessary, of a prisoner's readiness to take a high school equivalency test and any modifications needed for the prisoner to take or improve upon such test, and making available peer and group educational programs developed and led by qualified prisoners.
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.
Domestic and Sexual Assault Conviction Database. Requires the Superintendent of State Police to establish a Domestic and Sexual Assault Conviction Database that will include information about persons who were convicted of certain offenses against a family or household member, as defined in relevant law, or an intimate partner, defined in the bill. The bill specifies that the Database will be available to the public on the Department of State Police's website. The bill provides that any person whose information is on the Database may petition for removal of such information from the Database if certain requirements are met and that the State Police shall include such petition information on the Database website. Under the bill, the Superintendent of State Police is required to complete the Database by July 1, 2027.
