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2000 SESSION


CHAPTER 833
An Act to amend and reenact § 30-19.1:4 of the Code of Virginia and to repeal § 30-19.1:5 of the Code of Virginia, relating to correctional impact statements.
[H 397]
Approved April 9, 2000

Be it enacted by the General Assembly of Virginia:

1. That § 30-19.1:4 of the Code of Virginia is amended and reenacted as follows:

§ 30-19.1:4. Increase in terms of imprisonment or commitment; fiscal impact statements; appropriations for operating costs.

A. The Department of Planning and Budget, in conjunction with the Department of Corrections, the Department of Juvenile Justice, and The Virginia Criminal Sentencing Commission, shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill which would result in a net increase in periods of imprisonment in state adult correctional facilities. The Department of Planning and Budget shall annually provide the Virginia Criminal Sentencing Commission with the operating cost per inmate.

B. The Department of Planning and Budget, in conjunction with the Department of Juvenile Justice, shall prepare a fiscal impact statement reflecting the operating costs attributable to and necessary appropriations for any bill that would result in a net increase or in periods of commitment to the custody of the Department of Juvenile Justice, including.

C. The requirement for a fiscal impact statement includes, but is not limited to, those bills which add new crimes for which imprisonment or commitment is authorized, increase the periods of imprisonment or commitment authorized for existing crimes, impose minimum or mandatory terms of imprisonment or commitment, or modify the law governing release of prisoners or juveniles in such a way that the time served in prison, or the time committed to the custody of the Department of Juvenile Justice, will increase.

D. The fiscal impact statement of any bill introduced on or after July 1, 2002, that would result in a net increase in periods of imprisonment in state correctional facilities or periods of commitment to the custody of the Department of Juvenile Justice, shall include an analysis of the fiscal impact on local and regional jails, state and local community corrections programs and juvenile detention facilities.

E. The amount of the estimated appropriation reflected in the fiscal impact statement shall be printed on the face of each such bill, but shall not be codified. If the agency responsible for preparing the fiscal impact statement does not have sufficient information to project the impact, the fiscal impact statement shall state this, and the words "Cannot be determined" shall be printed on the face of each such bill.

F. The fiscal impact statement shall include, but not be limited to, details as to any increase or decrease in the offender population. Statements prepared by the Virginia Criminal Sentencing Commission shall detail any necessary adjustments in guideline midpoints for the crime or crimes affected by the bill as well as adjustments in guideline midpoints for other crimes affected by the implementation of the bill that, in the opinion of the Commission, are necessary and appropriate.

G. The agency preparing the fiscal impact statement shall forward copies of such impact statements to the Clerk of the House of Delegates and the Clerk of the Senate for transmittal to each patron of the legislation and to the chairman of each committee of the General Assembly to consider the legislation.

B. H. For each law becoming effective on or after July 1, 1994, enacted which results in a net increase in periods of imprisonment in state correctional facilities or for any law becoming effective on or after July 1, 1997, which results in a net increase in periods of commitment or the time committed to the custody of the Department of Juvenile Justice, a one-year appropriation shall be made from the general fund equal to the estimated increase in operating costs of such law, in current dollars, of the highest of the next ten six fiscal years following the effective date of the law. "Operating costs" means all costs other than capital outlay costs.

C. I. The Corrections Special Reserve Fund (the Fund) is hereby established as a nonreverting special fund on the books of the Comptroller. The Fund shall consist of all moneys appropriated by the General Assembly under the provisions of this section and all interest thereon. Any moneys deposited in the Fund shall remain in the Fund at the end of the biennium. Moneys in the Fund shall be expended solely for the purpose of providing for the operations of those facilities where offenders are maintained, including community programs which provide supervision or treatment of offenders capital expenses, including the cost of planning or preplanning studies that may be required to initiate capital outlay projects. Moneys in the Fund shall not be appropriated for expenditure prior to the first year in which the fiscal impact of any such bill is expected to occur. Such expenditures shall be consistent with the annual inmate population increases projected as a result of the bill.

2. That § 30-19.1:5 of the Code of Virginia is repealed.