2011 SESSION

Convened January 12, 2011 -

PRISONS AND OTHER METHODS OF CORRECTION

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Assault and battery; if person commits against an employee of prison contractor, guilty of Class 6 felony. Amending § 18.2-57. (Patron-Bell, Robert B., HB 2064 (F))

Cannabinoids, synthetic; penalties for transport, possession, sale, or distribution, etc. Amending §§ 4.1-225, 9.1-176.1, 15.2-907, 16.1-260, 16.1-278.8:01, 18.2-251, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-308, 18.2-308.1:5, 18.2-308.4, 18.2-474.1, 19.2-83.1, 19.2-187, 19.2-386.22 through 19.2-386.25, 22.1-277.08, 22.1-279.3:1, 24.2-233, 53.1-145, 53.1-203, and 54.1-3446; adding § 18.2-248.1:1. (Patron-Garrett, HB 1434 (Chapter 384); Herring, SB 745 (Chapter 410))

Commitment on parole supervision; court services unit to consult with local department of social services 60 days prior to person’s release. Amending § 16.1-293. (Patron-Keam, HB 2276 (I) See HB2036)

Commitment on parole supervision; court services unit to consult with local department of social services 90 days prior to person’s release. Amending § 16.1-293. (Patron-Peace, HB 2036 (Chapter 39); Marsden, SB 1170 (Chapter 442))

Concealed weapons; allows a Department of Corrections correctional officer to carry without a permit. Amending § 18.2-308. (Patron-Bell, Robert B., HB 2062 (F))

Contraband and unstamped cigarettes; decreases threshold possession amount that triggers mandatory jail time. Amending §§ 3.2-4212 and 58.1-1017. (Patron-Martin, SB 1267 (F))

Correctional facilities, local; collection of fees and costs. Amending § 46.2-395; adding §§ 53.1-127.2 through 53.1-127.6. (Patron-Quayle, SB 1421 (F))

Correctional facilities, local; jailers to have written policy for revocation of good conduct credits. Amending § 53.1-116. (Patron-Stolle, HB 2219 (Chapter 491))

Correctional officers; overtime compensation. Amending § 9.1-700. (Patron-Englin, HB 1678 (F))

Corrections, Department of; elimination of agency mandates related to contract inmate classification reporting requirements imposed on localities. (Patron-Habeeb, HB 2435 (Chapter 277))

Corrections, State Board of; powers and duties. Amending § 53.1-5; repealing § 53.1-7. (Patron-Watkins, SB 1001 (Chapter 375))

Court clerks’ offices; may transmit copies of orders for transfer of prisoners, jurors to provide identification. Amending §§ 8.01-353.1, 19.2-310, and 38.2-2419. (Patron-Robinson, HB 1973 (Chapter 470))

Death sentence; removes some circumstances in which circuit courts are required to set execution dates. Amending § 53.1-232.1. (Patron-Herring, HB 2092 (F))

Electronic visitation and messaging with prisoners; allows sheriffs or jail superintendents who operate correctional facilities to charge fee for use. Adding § 53.1-127.2. (Patron-Howell, SB 1227 (Chapter 532))

Global Positioning System (GPS); tracking for person on bond or as a condition of probation. Amending §§ 19.2-123 and 19.2-303. (Patron-Armstrong, HB 2106 (Chapter 799); McDougle, SB 925 (Chapter 837))

Home/electronic incarceration; good conduct credits. Amending § 53.1-131.2. (Patron-Miller, P.J., HB 1562 (F))

Income tax, state; deduction for professional services provided by mental health professionals and educators who volunteer with inmate programs. Amending § 58.1-322. (Patron-McClellan, HB 2127 (F))

Inmate labor; authorizes use thereof at rest areas along Interstate Highway System. Amending § 53.1-56. (Patron-Anderson, HB 2040 (Chapter 40); Hanger, SB 1109 (Chapter 48))

Inmates; Department of Corrections to establish a personal trust account therefor. Adding § 53.1-43.1. (Patron-Wright, HB 2225 (Chapter 260); McDougle, SB 923 (Chapter 284))

Jail processing fee; allows any sheriff’s department, regional jail, or police department to receive. Amending § 15.2-1613.1. (Patron-James, HB 2284 (Chapter 664); Lucas, SB 777 (Chapter 300))

Jails; localities’ responsibility to pay jail expenses. Amending § 53.1-126. (Patron-McWaters, SB 1287 (Chapter 727))

Juvenile correctional centers; appointment of counsel to assist confined individuals. Adding § 66-23.1. (Patron-BaCote, HB 483 (CD))

Marijuana; reduces penalty for possession by prisoner. Amending § 53.1-203. (Patron-Englin, HB 2298 (F))

Parole; eligibility for certain inmates otherwise ineligible. Amending § 53.1-151. (Patron-Howell, A.T., HB 1533 (F))

Prison printing shops; higher educational institutions are not required to purchase products of state correctional facilities. Amending § 53.1-47. (Patron-Miller, J.C., SB 1444 (F))

Prisoner programs, local; allows workforces to assist with maintaining certain cemeteries. Amending § 53.1-128. (Patron-Ward, HB 1613 (Chapter 767))

Prisoners; mandatory testing for human immunodeficiency virus (HIV). Adding § 53.1-33.1. (Patron-Alexander, HB 1662 (I) See HB1688; Dance, HB 1688 (Chapter 398); Vogel, SB 1258 (Chapter 415))

Prisoners; prohibits use of restraints on those who are pregnant, exception. Adding § 53.1-1.1:1. (Patron-Hope, HB 1488 (F))

Redistricting local districts; local government may exclude from its calculations population of certain correctional facilities. Amending § 24.2-304.1. (Patron-Ingram, HB 2073 (F))

Rehabilitative programming; earned sentence credits. Amending § 53.1-202.2; adding § 53.1-202.5. (Patron-Locke, SB 796 (F))

Residential community programs; Department of Corrections to give nonviolent prisoners opportunity to participate. Amending § 53.1-155.1. (Patron-BaCote, HB 1316 (CD))

Restricted license; authorizes court to issue to travel to and from jail when defendant is on work release. Amending § 18.2-271.1. (Patron-McClellan, HB 2362 (Chapter 592))

Risk management plan; amends to include prison chaplains who provide services at state correctional facilities. Amending § 2.2-1837. (Patron-Cox, M.K., HB 1477 (Chapter 359))

Sentence credits; allows a maximum of seven and one-half for each 30 days served. Amending § 53.1-202.3. (Patron-McEachin, SB 1316 (F))

Sheriffs and jail superintendents; written reports also to be received by local community services boards and behavioral health authorities. Amending § 53.1-124. (Patron-Puller, SB 989 (F))

Terrorism, federal; those accused or convicted shall not be held in custody in any state, regional, or local correction facility. Adding § 53.1-21.1. (Patron-Marshall, R.G., HB 15 (CD))

Virginia Correctional Enterprises; mandatory procurement, exception. Amending § 53.1-47. (Patron-Landes, HB 2491 (F))

Virginia Retirement System; benefits for local law enforcement, correctional, and emergency response employees in certain localities. Amending § 51.1-138. (Patron-Bulova, HB 2102 (F); Petersen, SB 848 (F))