Criminal Justice (Probation & Parole)

State correctional facilities; visitation policies; work group. Sets additional visitation standards for visitors to state correctional facilities. The bill requires the Department of Corrections (the Department) to provide extended or additional visitation access for long-distance visitors. The bill provides that each in-person visit shall last a minimum of two hours unless shortened at the request of either the visitor or the incarcerated individual, or in response to an active security event. The bill also provides that visitation privileges may be suspended only for conduct occurring during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the correctional facility. The bill provides a timeline and process for appealing any suspension of visitation rights. Finally, the bill directs the Department to convene a work group to consider and develop practical policy and legislative recommendations regarding visitation. The work group is required to report its findings and specific legislative and policy recommendations to the General Assembly by October 1, 2026.  This bill is identical to SB 276.

Study; JLARC; expansion of discretionary parole eligibility; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to consult with all relevant stakeholders to study the potential impacts of expanded discretionary parole eligibility. The resolution directs JLARC to complete its first year of meetings by September 1, 2026, and to submit an interim report by March 1, 2027. Additionally, JLARC is directed to complete its second year of meetings and submit its findings and recommendations no later than December 1, 2027.

Limitation on sentence upon revocation of suspension of sentence; technical violations. Provides that the court shall consider all technical violations that are alleged to have occurred after a prior sentencing or revocation hearing as single technical violation and adjudicate the case as such, with punishment imposed pursuant to relevant law. The bill also prohibits the court from treating multiple technical violations during a single probationary period between such prior sentencing or revocation hearing as separate cases or adjudicate such violations at separate hearings. The bill requires that when a defendant has been taken into custody for an alleged violation for which the court may impose not more than 14 days of active incarceration, the court shall docket such case as soon as practicable, and any such case shall be given precedence on the docket. The bill states that if such violation is not adjudicated within 14 days of the defendant being taken into custody, the defendant shall be admitted to bail, unless (i) such defendant consents to being further detained while awaiting adjudication or sentencing or (ii) the Commonwealth has established, by clear and convincing evidence, that the defendant presents a significant risk of harm to himself or the community based on substance use disorder or serious mental illness and has been referred for residential treatment. Notwithstanding the foregoing, the bill provides that no such defendant shall be held in custody awaiting adjudication of or sentencing on such alleged technical violation for longer than 30 days. The bill also expands the list of technical violations and provides that it shall be a defense to an alleged violation if the defendant can show that he has substantially complied with his probation obligations.

State correctional facilities; visitation policies; work group. Sets additional visitation standards for visitors to state correctional facilities. The bill requires the Department of Corrections (the Department) to provide extended or additional visitation access for long-distance visitors. The bill provides that each in-person visit shall last a minimum of two hours unless shortened at the request of either the visitor or the incarcerated individual, or in response to an active security event. The bill also provides that visitation privileges may be suspended only for conduct occurring during visitation that presents a direct and substantial threat to the physical safety of participants or the security of the correctional facility. The bill provides a timeline and process for appealing any suspension of visitation rights. Finally, the bill directs the Department to convene a work group to consider and develop practical policy and legislative recommendations regarding visitation. The work group is required to report its findings and specific legislative and policy recommendations to the General Assembly by October 1, 2026. This bill is identical to HB 173.

Payment of costs when proceedings deferred and defendant placed on probation. Provides that for any deferral entered into on or after July 1, 2026, pursuant to relevant law, the court shall not require the defendant to pay such costs or other fees imposed pursuant to relevant law as a term or condition of his deferral. The bill states that upon fulfillment of all other terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case. The bill specifies that such costs and other fees shall remain due until paid, and all methods of payment and collection already available at law to satisfy or collect any outstanding costs or other fees shall remain available to such court after the underlying case against the defendant has been adjudicated or dismissed.

Decreasing probation period. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing educational activities, maintaining employment, completing treatment, or obtaining housing. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct upon receipt of a request from the Department of Corrections and requires the Department of Corrections to request termination of a defendant's supervised probation period after 12 months in certain situations. This bill is identical to HB 149.

State correctional facilities; visitation policies; report. Requires the Department of Corrections to establish and publicly post on its website and in the lobby of each state correctional facility an objective dress code for individuals visiting a state correctional facility and specifies certain requirements for and limitations on what such dress code may include. The bill prohibits any state correctional facility from enforcing a dress code that is more restrictive than the dress code posted by the Department.The bill also prohibits any individual from being denied in-person visitation unless such individual is in clear violation of visitation rules or policies. Prior to denying entry to a visitor, the bill requires the reasoning to be (i) reviewed in person by the facility administrative duty officer and (ii) approved by a regional administrator or superior. The bill requires the Department to submit a report annually on or before November 1 to the General Assembly and the Governor with information on visitors denied entry to state correctional facilities, including the following information disaggregated by facility and by month: (a) the number of visitors denied entry and (b) the reasoning for such denials, including the specific rules or policies such visitors were alleged to have violated.The bill requires the Department to convene a work group consisting of relevant stakeholders to consider goals and develop practical policy and legislative recommendations related to facilitating visitation within state correctional facilities and report its findings and recommendations to the Governor and the General Assembly no later than November 1, 2026.

Release of accused on secured or unsecured bond. Removes the conditions requiring that any person arrested for a felony who (i) has previously been convicted of a felony, (ii) is presently on bond for an unrelated arrest in any jurisdiction, or (iii) is on probation or parole be released only upon a secure bond. Additionally, the bill adds to the factors a judicial officer shall consider in making a bail determination (a) the person's current bond status for an unrelated arrest in any jurisdiction and (b) whether the person is on probation or parole.

Petition for modification of a sentence; eligibility; procedures; report. Provides procedures for individuals serving a sentence for certain felony convictions or a combination of such convictions who remain incarcerated in a state or local correctional facility or secure facility and meet certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Depending on the type of conviction, the bill allows the court to grant a hearing on such petition after an individual has served at least 25 years for certain offenses, after 20 years for certain other offenses, and after 15 years for any other felony conviction not specified. The bill directs the Department of Corrections to convene a work group of relevant stakeholders to (a) consider and recommend best practices for implementation of the bill and (b) evaluate and recommend updates to victim notification systems. The work group shall complete its meetings by November 1, 2026, and report its findings and recommendations to the General Assembly no later than December 1, 2026.

State correctional facilities; required education or vocational training; earned sentence credits classification levels. Requires a prisoner in a state correctional facility, as a part of his reentry plan developed and implemented by the Department of Corrections, to complete a high school equivalency test or vocational, technical, or other certification prior to such prisoner's release. The bill also provides that the annual review of a prisoner's classification level for earned sentence credits shall include such prisoner's quantifiable or measurable progress, as available, in any programs, job assignments, and educational curricula in which he is participating, such as test scores achieved or completion of a high school equivalency test or other trade or vocational certification.