Recovery residences; regulations. Establishes certain requirements for recovery residences and directs the State Board of Behavioral Health and Developmental Services (the Board) to promulgate regulations to establish minimum certification standards for recovery residences. The bill also requires that the regulations promulgated by the Department of Behavioral Health and Developmental Services (the Department) related to the certification of recovery residences include provisions that no recovery residence, or operator, employee, or agent of a recovery residence, may require a resident to participate in medical or psychological services, including clinical substance use treatment, that such recovery residence receives financial benefit from, either directly or indirectly, as a condition of entering or continuing residence at such recovery residence. The bill requires the Department to monitor credentialing agencies providing credentials to recovery residences to ensure criteria related to certification comply with regulations and specifies that no such credentialing agency shall provide credentials to a recovery residence that is owned or operated by an individual who is employed by or in a position of authority at such credentialing agency, or an immediate family member of any such individual. The bill also requires that referrals to recovery residences made by the Department, any agency of the Commonwealth, or by a court may only be made to recovery residences that are certified. This bill is identical to HB 931.
Recovery residences; regulations. Establishes certain requirements for recovery residences and directs the State Board of Behavioral Health and Developmental Services (the Board) to promulgate regulations to establish minimum certification standards for recovery residences. The bill also requires that the regulations promulgated by the Department of Behavioral Health and Developmental Services (the Department) related to the certification of recovery residences include provisions that no recovery residence, or operator, employee, or agent of a recovery residence, may require a resident to participate in medical or psychological services, including clinical substance use treatment, that such recovery residence receives financial benefit from, either directly or indirectly, as a condition of entering or continuing residence at such recovery residence. The bill requires the Department to monitor credentialing agencies providing credentials to recovery residences to ensure criteria related to certification comply with regulations and specifies that no such credentialing agency shall provide credentials to a recovery residence that is owned or operated by an individual who is employed by or in a position of authority at such credentialing agency, or an immediate family member of any such individual. The bill also requires that referrals to recovery residences made by the Department, any agency of the Commonwealth, or by a court may only be made to recovery residences that are certified. This bill is identical to SB 270.
Clerk fees; secure remote access to nonconfidential court records by certain attorneys. Provides that no clerk shall charge a fee to an attorney for secure remote access to nonconfidential court records when such attorney is certified by the Virginia Indigent Defense Commission in the jurisdiction served by such clerk, provided that such attorney is currently appointed to represent a defendant in such jurisdiction and agrees to continue accepting appointments in such jurisdiction. The bill also provides that if, after receiving secure remote access for nonconfidential court records, such attorney (i) is found to have abused such privilege of such secure remote access; (ii) is removed from the Virginia Indigent Defense Commission's court-appointed attorney list; or (iii) ceases to accept appointments for representation from the granting court, the clerk may terminate the agreement granting such secure remote access. As introduced, this bill was a recommendation of the Virginia Indigent Defense Commission. This bill is identical to SB 82.
Judicial Inquiry and Review Commission; reform. Increases from seven to 12 the number of members of the Judicial Inquiry and Review Commission (the Commission) by adding two additional attorney members, an additional active judge of the Court of Appeals of Virginia, and two additional citizen members. The bill provides that such attorney members be chosen by members of the General Assembly from recommendations provided by the Council of the Virginia State Bar, the Board of Directors for the Virginia Association of Commonwealth's Attorneys, and the Board of Directors for the Virginia Association of Criminal Defense Lawyers, and reduces the required years of practice for such lawyer members from 15 to eight. The bill establishes an initial and subsequent annual training requirement for each member and any newly hired counsel for the Commission. Additionally, the bill requires the Commission to adopt and implement a conflict of interest policy. The bill clarifies appointment powers of the Governor in any case where a member of the Commission or staff for the Commission is disqualified from or voluntarily recuses himself from participation in a proceeding. Further, the bill requires the Commission to adopt, the Committees for Courts of Justice to approve, and the Commission to make publicly available a Code of Conduct for all Commission members and Commission staff. The bill provides that the Commission shall make all reasonable efforts to contact any witnesses specified in complaints alleging judicial misconduct to assist the Commission. Further, the bill clarifies that the Commission may investigate any complaints within their purview arising out of matters that are pending or on appeal, and that the Commission shall not dismiss such complaints solely on the basis that the matter from which such complaint arose is pending or on appeal. The bill requires the Commission to make publicly available a publication specifying all possible sanctions, informal disciplinary actions, and supervision agreements the Commission may impose on a judge who is the subject of a complaint and provides an option for requiring the mandatory recusal of such judge in certain instances. The bill prohibits the Attorney General from acting as counsel in any proceeding where the Attorney General was involved in a case, either at trial or on appeal, where a complaint of judicial misconduct arose from such case, and provides that the Conflict of Interest policy the Commission adopts shall govern the Attorney General. The bill removes provisions of confidentiality for a complainant that currently bars a complainant from discussing or sharing privileged information regarding any filed complaint and permits such complainant to discuss publicly the filing of a complaint and any associated events relating to the complaint. The bill clarifies notice requirements to the complainant by the Commission. Finally, the bill permits the Office of the Executive Secretary of the Supreme Court of Virginia to provide the annual judicial performance evaluations for all judges subject to evaluation to the Commission, and such evaluations shall remain confidential.
Affirmative defense or reduced penalty for mental illness, neurocognitive disorder, or intellectual or developmental disability. Provides an affirmative defense to prosecution of a person for assault or assault and battery against certain specified persons for which the enhanced Class 6 felony and six-month mandatory minimum apply if such person proves, by a preponderance of the evidence, that at the time of the assault or assault and battery (i) the person's behaviors were a result of (a) mental illness or (b) a neurocognitive disorder, including dementia, or an intellectual disability or a developmental disability such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association, or (ii) the person met the criteria for issuance of an emergency custody order.The bill requires such person or his counsel to give notice in writing to the attorney for the Commonwealth at least 60 days prior to his trial in circuit court, or at least 14 days if the trial date is set within 21 days of his last court appearance, of his intention to present such evidence. Additionally, if such notice is not given, and the person proffers such evidence at his trial as a defense, then the court may in its discretion either allow the Commonwealth a continuance or, under appropriate circumstances, bar such person from presenting such evidence; any such continuance shall not be counted for speedy trial purposes pursuant to relevant law.Lastly, the bill provides that if such person does not prove that his behaviors were a result of his mental illness, intellectual disability, developmental disability, or neurocognitive disorder but the evidence establishes that his mental illness, intellectual disability, developmental disability, or neurocognitive disorder otherwise contributed to his behaviors, the finder of fact may find such person guilty of a Class 1 misdemeanor. The bill also provides that such affirmative defense shall not be construed to allow an affirmative defense for voluntary intoxication. This bill is identical to SB 335.
Crime victim's right to nondisclosure of certain information; hate crimes. Prohibits a law-enforcement agency from disclosing to the public information that directly or indirectly identifies the victim of a hate crime, defined in relevant law, except to the extent that disclosure is (i) of the site of the crime, (ii) required by law, (iii) necessary for law-enforcement purposes, or (iv) permitted by the court for good cause unless such victim, or his next of kin if he is a minor and his death results from any crime, provides written consent. The bill also prohibits, at the request of the victim, the Court of Appeals of Virginia and the Supreme Court of Virginia from listing the first or last name of the victim of a hate crime in an appellate decision.
Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order 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 be evaluated to determine whether he meets the criteria for temporary detention, or (c) dismiss the misdemeanor charge and release such defendant. The bill also requires a court to dismiss misdemeanor charges in a competency proceeding when a defendant is charged with both misdemeanor and felony offenses.
Seizure, forfeiture, and destruction of property used in connection with the exploitation and solicitation of children. Provides that all audio and visual equipment, electronic equipment, devices, and other personal property used in connection with the possession, production, distribution, publication, sale, possession with intent to distribute, or making of child pornography, or in connection with the solicitation of a person less than 18 years of age, in violation of current law, shall be subject to lawful seizure by a law-enforcement officer and forfeited to the Commonwealth by order of the court trying the case. The bill also (i) requires the court to order the destruction of all such equipment, devices, and other personal property, (ii) requires certain information to be provided by the law-enforcement agency responsible for the destruction, (iii) prohibits destruction of such items to be used in a criminal prosecution until all rights of appeal have been exhausted, and (iv) requires the law-enforcement agency to provide notice, by first-class mail, to the accused or other interested party, if known, and his attorney at least seven days prior to the destruction of the time and place the destruction will occur.
Office of the Executive Secretary; annual trauma-informed education for certain court personnel. Requires the Office of the Executive Secretary of the Supreme Court of Virginia to provide annual continuing legal education on trauma-informed practices in proceedings involving sexual abuse or abuse of a family or household member to magistrates, clerks, judges of juvenile and domestic relations district courts, general district courts, and circuit courts, and other court employees.
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.
