Regional or local detention homes; educational programs; staffing; funding. Provides that the state general funds required to be provided for educational programs in regional or local detention homes (i) shall support a statewide staffing ratio of one teacher for every eight students in average daily attendance and an additional one teacher for every 10 students in the Community Placement Program and (ii) shall be distributed to regional or local detention homes in such a manner as determined by the Department of Education, whether in a ratio-based manner or otherwise, based on such factors as the Department deems appropriate, including capacity, need, enrollment trends, and the availability of alternative educational settings. Current law provides that teacher staffing ratios for regional or local detention homes shall be based on a ratio of one teacher for every 12 beds based on the capacity of the facility; however, if the previous year's average daily attendance exceeds this bed capacity, the ratio shall be based on the average daily attendance at the facility as calculated by the Department from the previous school year.
Public elementary and secondary school students; consideration of evidence-based restorative disciplinary practices required; exceptions; report. Prohibits any public elementary or secondary school student from being suspended, expelled, or excluded from attendance at school unless the school first considers at least one evidence-based restorative disciplinary practice, as defined in the bill, except in the case of certain enumerated serious offenses or aggravating circumstances, as defined in the bill. The bill requires each school, any time it imposes exclusionary discipline instead of an evidence-based restorative disciplinary practice, to document in the student's disciplinary record, as a part of the school's existing disciplinary documentation practices and consistent with the guidelines adopted by the Department of Education (the Department) pursuant to the bill, the rationale for the decision to impose exclusionary discipline, including any factors supporting the decision not to utilize an evidence-based restorative disciplinary practice. The bill directs the Department to (i) add the use of evidence-based restorative disciplinary practices to the Student Behavior and Administrative Response survey in order to annually collect and analyze data on the use of such practices and publicly post an annual report containing an evaluation of the effectiveness of such practices based on the data collected and (ii) adopt and make available guidelines and support materials for considering, monitoring, and evaluating the use of evidence-based restorative disciplinary practices. The provisions of the bill prohibiting any public school student from being suspended, expelled, or excluded from attendance at school unless the school first considers at least one evidence-based restorative disciplinary practice and requiring each school, any time it imposes exclusionary discipline instead of an evidence-based restorative disciplinary practice, to document in the student's disciplinary record the rationale for such decision, have a delayed effective date of July 1, 2027.
Damage or trespass to public services or utilities or critical infrastructure; penalties. Adds the intentional destruction of or damage to any fixture, equipment, or information technology system that is used to provide, process, transmit, or maintain public services, public utilities, cable television, broadband, or other critical infrastructure, as defined in relevant law, to the existing offense of damage or trespass to public services or utilities. The bill contains technical amendments and is identical to HB 317.
Human trafficking digital identification and reporting platforms; duties of Human Trafficking Response Coordinator; quarterly reports. Creates a process for the use of digital identification and reporting platforms, defined in the bill, to report suspected instances of human trafficking. The bill requires the Human Trafficking Response Coordinator to certify such platforms and requires the administering organization, defined in the bill, of such platform to submit quarterly performance reports to the Coordinator and the General Assembly on certain data. The bill expands the use of funds from the existing Virginia Prevention of Sex Trafficking Fund to be utilized for such programs. Lastly, the bill states that the provisions of the bill are subject to the availability of funds appropriated for such purposes.
Jurors; exemptions from jury service upon request; competency to perform jury duty. Provides that no person shall be deemed incompetent to serve on any jury on the basis of disability if the person would otherwise be competent to serve if provided with reasonable accommodation. The bill also provides that any person under a disability that substantially impairs the person's ability to perform jury duty shall be exempt from jury duty upon such person's request.
Tags
People with Disabilities
Licensed substance abuse treatment practitioners; licensure by endorsement; licensure without examination. Directs the Board of Counseling to establish a pathway to licensure by endorsement as a licensed substance abuse treatment practitioner for applicants who have held certification as a certified substance abuse counselor for at least 10 years without a history of disciplinary action, have completed at least five years of documented supervised experience, hold at least a master's degree in an appropriate field of counseling, and hold a Master Addiction Counselor credential issued by NAADAC, the Association for Addiction Professionals. The bill provides that such pathway to licensure by endorsement does not require examination.
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.
Civil action for deprivation of rights; liability of persons acting under color of law. Creates a state civil cause of action for violations of rights guaranteed by the constitutions or laws of the United States and the Commonwealth. The bill provides that a person acting under color of law who deprives an individual of such rights and any supervisor of such person who is responsible for directing or overseeing such person's conduct shall be liable to such individual for compensatory damages, punitive damages, equitable relief, and reasonable attorney fees and costs.
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.
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.
