Criminal Justice (Corrections)

Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order inpatient or outpatient treatment or (ii) dismiss the charges. Where a defendant is found to be incompetent, the bill permits a court to (a) order that such defendant receive treatment to restore his competency on an outpatient basis in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority, (b) order that such defendant receive treatment to restore his competency on an inpatient basis at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge, (c) order that such defendant be evaluated to determine whether he meets the criteria for temporary detention, or (d) dismiss the misdemeanor charge and release such defendant. The bill has a delayed effective date of July 1, 2027.

Voluntary manslaughter; penalty. Increases the penalty for voluntary manslaughter from a Class 5 felony, punishable by between one and ten years' imprisonment in a state correctional facility, to an unclassified felony punishable by imprisonment in a state correctional facility for not less than one year nor more than 20 years or, in the discretion of the jury or court trying the case without a jury, by confinement in jail for a period not exceeding 12 months or a fine of not more than $2,500, either or both.

Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to SB 162.

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.

Voter registration; restoration of political rights upon release from incarceration; certain adjudications. Provides that any person who loses his political rights as a result of a felony conviction shall be invested with those rights upon his release from incarceration and shall be entitled to register to vote. The bill directs the Department of Corrections and the State Board of Local and Regional Jails to transmit to the Department of Elections certain information for incarcerated persons with a pending date of release and requires the Department of Elections to process the information and make the necessary changes to the voter registration system to permit such persons to register to vote by the date of the person's scheduled date of release. On the date of an incarcerated person's release, the appropriate authority is required by the bill to provide a voter registration application, information on returning the form by mail or completing it by electronic means, and an official release document to serve as a safety net for voter registration. The bill also amends the language regarding adjudications of mental incompetency for purposes of being qualified to vote; a person adjudicated to lack the capacity to understand the act of voting shall not be entitled to vote until that capacity has been reestablished. The bill has a delayed effective date of January 1, 2027, contingent upon the approval of the constitutional amendments at the November 3, 2026, general election. This bill is identical to HB 964.

Aggravated murder; assault and battery; correctional officer; custodial employee of Department of Corrections; penalties. 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 expands the definition of aggravated murder to include the willful, deliberate, and premeditated killing of any person by a prisoner confined in a juvenile correctional facility, defined in relevant law. The bill provides that if any person maliciously causes bodily injury to another by any means, including the means set out in existing law, with intent to maim, disfigure, disable, or kill, and knowing or having reason to know that such other person is a correctional officer, as defined in relevant law, engaged in the performance of his public duties as a correctional officer, such person is guilty of a felony punishable by imprisonment for a period of not less than five years nor more than 30 years and, subject to existing law, a fine of not more than $100,000; upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of two years. The bill also provides that if any person unlawfully, but not maliciously, with the intent aforesaid, causes bodily injury to another by any means, knowing or having reason to know such other person is a correctional officer engaged in the performance of his public duties as a correctional officer, he is guilty of a Class 6 felony, and upon conviction, the sentence of such person shall include a mandatory minimum term of imprisonment of one year. Lastly, the bill provides that if an assault and battery upon (i) a correctional officer; (ii) a person directly involved in the care, treatment, or supervision of inmates in the custody of the Department of Corrections; (iii) an employee of a local or regional correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of the facility; or (iv) a person directly involved in the care, treatment, or supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice involves the use of any bodily fluid or excrement from such person charged, the sentence of such person, upon conviction, shall include a mandatory minimum term of confinement of three years.

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.

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.

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.