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ACROSS SESSIONS
- Subject Index: Since 1995
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- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2007 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-3706, 2.2-3711, 4.1-305, 9.1-173 through 9.1-183, 9.1-185.4, 9.1-186.4, 16.1-305, 18.2-55, 18.2-57.3, 18.2-64.2, 18.2-67.4, 18.2-251, 18.2-251.01, 18.2-252, 18.2-254, 18.2-254.1, 19.2-80.2, 19.2-152.2 through 19.2-152.7, 19.2-299.2, 19.2-303.3, 19.2-389.1, 19.2-390.01, and 30-19.1:4 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-3706. Disclosure of criminal records; limitations.
A. As used in this section:
"Criminal incident information" means a general description of the criminal activity reported, the date and general location the alleged crime was committed, the identity of the investigating officer, and a general description of any injuries suffered or property damaged or stolen.
B. Law-enforcement agencies shall make available upon request criminal incident information relating to felony offenses. However, where the release of criminal incident information is likely to jeopardize an ongoing investigation or prosecution, or the safety of an individual; cause a suspect to flee or evade detection; or result in the destruction of evidence, such information may be withheld until the above-referenced damage is no longer likely to occur from release of the information. Nothing in this subsection shall be construed to prohibit the release of those portions of such information that are not likely to cause the above-referenced damage.
C. Information in the custody of law-enforcement agencies relative to the identity of any individual, other than a juvenile, who is arrested and charged, and the status of the charge or arrest shall be released.
D. The identity of any victim, witness or undercover officer, or investigative techniques or procedures need not but may be disclosed unless disclosure is prohibited or restricted under § 19.2-11.2.
E. The identity of any individual providing information about a crime or criminal activity under a promise of anonymity shall not be disclosed.
F. The following records are excluded from the provisions of this chapter, but may be disclosed by the custodian, in his discretion, except where such disclosure is prohibited by law:
1. Complaints, memoranda, correspondence, case files or reports, witness statements, and evidence relating to a criminal investigation or prosecution, other than criminal incident information as defined in subsection A;
2. Adult arrestee photographs when necessary to avoid jeopardizing an investigation in felony cases until such time as the release of the photograph will no longer jeopardize the investigation;
3. Reports submitted in confidence to (i) state and local law-enforcement agencies, (ii) investigators authorized pursuant to § 53.1-16 or § 66-3.1, and (iii) campus police departments of public institutions of higher education established pursuant to Chapter 17 (§ 23-232 et seq.) of Title 23;
4. Portions of records of local government crime commissions that would identify individuals providing information about crimes or criminal activities under a promise of anonymity;
5. Records of local law-enforcement agencies relating to neighborhood watch programs that include the names, addresses, and operating schedules of individual participants in the program that are provided to such agencies under a promise of anonymity;
6. All records of persons imprisoned in penal institutions in the Commonwealth provided such records relate to the imprisonment;
7. Records of law-enforcement agencies, to the extent that such records contain specific tactical plans, the disclosure of which would jeopardize the safety or security of law-enforcement personnel or the general public;
8. All records of adult persons under (i) investigation or
supervision by a local pretrial services agency in accordance with Article 5 (§
19.2-152.2 et seq.) of Chapter 9 of Title 19.2; (ii) investigation, probation
supervision or monitoring by a local community-based probation program services
agency in accordance with Article 9 (§ 9.1-173 et seq.) of Chapter 1 of
Title 9.1; or (iii) investigation or supervision by state probation and parole
services in accordance with Article 2 (§ 53.1-141 et seq.) of Chapter 4 of
Title 53.1; and
9. Records of a law-enforcement agency to the extent that they disclose the telephone numbers for cellular telephones, pagers, or comparable portable communication devices provided to its personnel for use in the performance of their official duties.
G. Records kept by law-enforcement agencies as required by § 15.2-1722 shall be subject to the provisions of this chapter except:
1. Those portions of noncriminal incident or other investigative reports or materials containing identifying information of a personal, medical or financial nature provided to a law-enforcement agency where the release of such information would jeopardize the safety or privacy of any person;
2. Those portions of any records containing information related to plans for or resources dedicated to undercover operations; or
3. Records of background investigations of applicants for law-enforcement agency employment or other confidential administrative investigations conducted pursuant to law.
H. Records of the Sex Offender and Crimes Against Minors Registry maintained by the Department of State Police pursuant to Chapter 9 (§ 9.1-900 et seq.) of Title 9.1 are excluded from the provisions of this chapter, including information obtained from state, local and regional officials, except to the extent that information is required to be posted on the Internet pursuant to § 9.1-913.
I. In the event of conflict between this section as it relates to requests made under this section and other provisions of law, this section shall control.
§ 2.2-3711. Closed meetings authorized for certain limited purposes.
A. Public bodies may hold closed meetings only for the following purposes:
1. Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; and evaluation of performance of departments or schools of public institutions of higher education where such evaluation will necessarily involve discussion of the performance of specific individuals. Any teacher shall be permitted to be present during a closed meeting in which there is a discussion or consideration of a disciplinary matter that involves the teacher and some student and the student involved in the matter is present, provided the teacher makes a written request to be present to the presiding officer of the appropriate board.
2. Discussion or consideration of admission or disciplinary matters or any other matters that would involve the disclosure of information contained in a scholastic record concerning any student of any Virginia public institution of higher education or any state school system. However, any such student, legal counsel and, if the student is a minor, the student's parents or legal guardians shall be permitted to be present during the taking of testimony or presentation of evidence at a closed meeting, if such student, parents, or guardians so request in writing and such request is submitted to the presiding officer of the appropriate board.
3. Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.
4. The protection of the privacy of individuals in personal matters not related to public business.
5. Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business' or industry's interest in locating or expanding its facilities in the community.
6. Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected.
7. Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel. For the purposes of this subdivision, "probable litigation" means litigation that has been specifically threatened or on which the public body or its legal counsel has a reasonable basis to believe will be commenced by or against a known party. Nothing in this subdivision shall be construed to permit the closure of a meeting merely because an attorney representing the public body is in attendance or is consulted on a matter.
8. In the case of boards of visitors of public institutions of higher education, discussion or consideration of matters relating to gifts, bequests and fund-raising activities, and grants and contracts for services or work to be performed by such institution. However, the terms and conditions of any such gifts, bequests, grants, and contracts made by a foreign government, a foreign legal entity, or a foreign person and accepted by a public institution of higher education in Virginia shall be subject to public disclosure upon written request to the appropriate board of visitors. For the purpose of this subdivision, (i) "foreign government" means any government other than the United States government or the government of a state or a political subdivision thereof; (ii) "foreign legal entity" means any legal entity created under the laws of the United States or of any state thereof if a majority of the ownership of the stock of such legal entity is owned by foreign governments or foreign persons or if a majority of the membership of any such entity is composed of foreign persons or foreign legal entities, or any legal entity created under the laws of a foreign government; and (iii) "foreign person" means any individual who is not a citizen or national of the United States or a trust territory or protectorate thereof.
9. In the case of the boards of trustees of the Virginia Museum of Fine Arts, the Virginia Museum of Natural History, and The Science Museum of Virginia, discussion or consideration of matters relating to specific gifts, bequests, and grants.
10. Discussion or consideration of honorary degrees or special awards.
11. Discussion or consideration of tests, examinations, or other records excluded from this chapter pursuant to subdivision 4 of § 2.2-3705.1.
12. Discussion, consideration, or review by the appropriate House or Senate committees of possible disciplinary action against a member arising out of the possible inadequacy of the disclosure statement filed by the member, provided the member may request in writing that the committee meeting not be conducted in a closed meeting.
13. Discussion of strategy with respect to the negotiation of a hazardous waste siting agreement or to consider the terms, conditions, and provisions of a hazardous waste siting agreement if the governing body in open meeting finds that an open meeting will have an adverse effect upon the negotiating position of the governing body or the establishment of the terms, conditions and provisions of the siting agreement, or both. All discussions with the applicant or its representatives may be conducted in a closed meeting.
14. Discussion by the Governor and any economic advisory board reviewing forecasts of economic activity and estimating general and nongeneral fund revenues.
15. Discussion or consideration of medical and mental records excluded from this chapter pursuant to subdivision 1 of § 2.2-3705.5.
16. Deliberations of the State Lottery Board in a licensing appeal action conducted pursuant to subsection D of § 58.1-4007 regarding the denial or revocation of a license of a lottery sales agent; and discussion, consideration or review of State Lottery Department matters related to proprietary lottery game information and studies or investigations exempted from disclosure under subdivision 6 of § 2.2-3705.3 and subdivision 11 of § 2.2-3705.7.
17. Those portions of meetings by local government crime commissions where the identity of, or information tending to identify, individuals providing information about crimes or criminal activities under a promise of anonymity is discussed or disclosed.
18. Discussion, consideration, review, and
deliberations by local community corrections resources boards regarding the
placement in community diversion programs of individuals previously sentenced
to state correctional facilities.
19 18. Those portions of meetings in which the
Board of Corrections discusses or discloses the identity of, or information
tending to identify, any prisoner who (i) provides information about crimes or
criminal activities, (ii) renders assistance in preventing the escape of
another prisoner or in the apprehension of an escaped prisoner, or (iii)
voluntarily or at the instance of a prison official renders other extraordinary
services, the disclosure of which is likely to jeopardize the prisoner's life
or safety.
20 19. Discussion of plans to protect public
safety as it relates to terrorist activity and briefings by staff members,
legal counsel, or law-enforcement or emergency service officials concerning
actions taken to respond to such activity or a related threat to public safety.
21 20. Discussion by the Board of the Virginia
Retirement System, acting pursuant to § 51.1-124.30, or of any local retirement
system, acting pursuant to § 51.1-803, or of the Rector and Visitors of the
University of Virginia, acting pursuant to § 23-76.1, regarding the
acquisition, holding or disposition of a security or other ownership interest
in an entity, where such security or ownership interest is not traded on a
governmentally regulated securities exchange, to the extent that such
discussion (i) concerns confidential analyses prepared for the Rector and
Visitors of the University of Virginia, prepared by the retirement system or
provided to the retirement system under a promise of confidentiality, of the
future value of such ownership interest or the future financial performance of the
entity, and (ii) would have an adverse effect on the value of the investment to
be acquired, held or disposed of by the retirement system or the Rector and
Visitors of the University of Virginia. Nothing in this subdivision shall be
construed to prevent the disclosure of information relating to the identity of
any investment held, the amount invested or the present value of such
investment.
22 21. Those portions of meetings in which
individual child death cases are discussed by the State Child Fatality Review
team established pursuant to § 32.1-283.1, and those portions of meetings in
which individual child death cases are discussed by a regional or local child
fatality review team established pursuant to § 32.1-283.2, and those portions
of meetings in which individual death cases are discussed by family violence
fatality review teams established pursuant to § 32.1-283.3.
23 22. Those portions of meetings of the
University of Virginia Board of Visitors or the Eastern Virginia Medical School
Board of Visitors, as the case may be, and those portions of meetings of any
persons to whom management responsibilities for the University of Virginia
Medical Center or Eastern Virginia Medical School, as the case may be, have
been delegated, in which there is discussed proprietary, business-related
information pertaining to the operations of the University of Virginia Medical
Center or Eastern Virginia Medical School, as the case may be, including
business development or marketing strategies and activities with existing or
future joint venturers, partners, or other parties with whom the University of
Virginia Medical Center or Eastern Virginia Medical School, as the case may be,
has formed, or forms, any arrangement for the delivery of health care, if
disclosure of such information would adversely affect the competitive position
of the Medical Center or Eastern Virginia Medical School, as the case may be.
24 23. In the case of the Virginia Commonwealth
University Health System Authority, discussion or consideration of any of the
following: the acquisition or disposition of real or personal property where
disclosure would adversely affect the bargaining position or negotiating
strategy of the Authority; operational plans that could affect the value of
such property, real or personal, owned or desirable for ownership by the
Authority; matters relating to gifts, bequests and fund-raising activities;
grants and contracts for services or work to be performed by the Authority;
marketing or operational strategies where disclosure of such strategies would
adversely affect the competitive position of the Authority; members of its
medical and teaching staffs and qualifications for appointments thereto; and
qualifications or evaluations of other employees.
25 24. Those portions of the meetings of the
Intervention Program Committee within the Department of Health Professions to
the extent such discussions identify any practitioner who may be, or who
actually is, impaired pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title
54.1.
26 25. Meetings or portions of meetings of the
Board of the Virginia College Savings Plan wherein personal information, as
defined in § 2.2-3801, which has been provided to the Board or its employees by
or on behalf of individuals who have requested information about, applied for,
or entered into prepaid tuition contracts or savings trust account agreements
pursuant to Chapter 4.9 (§ 23-38.75 et seq.) of Title 23 is discussed.
27 26. Discussion or consideration, by the
Wireless Carrier E-911 Cost Recovery Subcommittee created pursuant to §
56-484.15, of trade secrets, as defined in the Uniform Trade Secrets Act (§
59.1-336 et seq.), submitted by CMRS providers as defined in § 56-484.12,
related to the provision of wireless E-911 service.
28 27. Those portions of disciplinary
proceedings by any regulatory board within the Department of Professional and
Occupational Regulation, Department of Health Professions, or the Board of
Accountancy conducted pursuant to § 2.2-4019 or 2.2-4020 during which the board
deliberates to reach a decision or meetings of health regulatory boards or
conference committees of such boards to consider settlement proposals in
pending disciplinary actions or modifications to previously issued board orders
as requested by either of the parties.
29 28. Discussion or consideration by a
responsible public entity or an affected local jurisdiction, as those terms are
defined in § 56-557, of confidential proprietary records excluded from this
chapter pursuant to subdivision 11 of § 2.2-3705.6.
30 29. Discussion of the award of a public
contract involving the expenditure of public funds, including interviews of
bidders or offerors, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining
position or negotiating strategy of the public body.
31 30. Discussion or consideration by the
Commonwealth Health Research Board of grant application records excluded from
this chapter pursuant to subdivision 17 of § 2.2-3705.6.
32 31. Discussion or consideration by the
Commitment Review Committee of records excluded from this chapter pursuant to
subdivision 9 of § 2.2-3705.2 relating to individuals subject to commitment as
sexually violent predators under Chapter 9 (§ 37.2-900 et seq.) of Title 37.2.
33 32. [Expired.]
34 33. Discussion or consideration of
confidential proprietary records and trade secrets excluded from this chapter
pursuant to subdivision 18 of § 2.2-3705.6.
35 34. Discussion or consideration by a local
authority created in accordance with the Virginia Wireless Service Authorities
Act (§ 15.2-5431.1 et seq.) of confidential proprietary records and trade
secrets excluded from this chapter pursuant to subdivision 19 of § 2.2-3705.6.
36 35. Discussion or consideration by the State
Board of Elections or local electoral boards of voting security matters made
confidential pursuant to § 24.2-625.1.
37 36. Discussion or consideration by the
Forensic Science Board or the Scientific Advisory Committee created pursuant to
Article 2 (§ 9.1-1109 et seq.) of Chapter 11 of Title 9.1 of records excluded
from this chapter pursuant to subdivision F 1 of § 2.2-3706.
38 37. Discussion or consideration by the Brown
v. Board of Education Scholarship Program Awards Committee of records or confidential
matters excluded from this chapter pursuant to subdivision 3 of § 2.2-3705.4,
and meetings of the Committee to deliberate concerning the annual maximum
scholarship award, review and consider scholarship applications and requests
for scholarship award renewal, and cancel, rescind, or recover scholarship
awards.
39 38. Discussion or consideration by the
Virginia Port Authority of records excluded from this chapter pursuant to
subdivision 1 of § 2.2-3705.6.
B. No resolution, ordinance, rule, contract, regulation or motion adopted, passed or agreed to in a closed meeting shall become effective unless the public body, following the meeting, reconvenes in open meeting and takes a vote of the membership on such resolution, ordinance, rule, contract, regulation, or motion that shall have its substance reasonably identified in the open meeting.
C. Public officers improperly selected due to the failure of the public body to comply with the other provisions of this section shall be de facto officers and, as such, their official actions are valid until they obtain notice of the legal defect in their election.
D. Nothing in this section shall be construed to prevent the holding of conferences between two or more public bodies, or their representatives, but these conferences shall be subject to the same procedures for holding closed meetings as are applicable to any other public body.
E. This section shall not be construed to (i) require the disclosure of any contract between the Intervention Program Committee within the Department of Health Professions and an impaired practitioner entered into pursuant to Chapter 25.1 (§ 54.1-2515 et seq.) of Title 54.1 or (ii) require the board of directors of any authority created pursuant to the Industrial Development and Revenue Bond Act (§ 15.2-4900 et seq.), or any public body empowered to issue industrial revenue bonds by general or special law, to identify a business or industry to which subdivision A 5 applies. However, such business or industry shall be identified as a matter of public record at least 30 days prior to the actual date of the board's authorization of the sale or issuance of such bonds.
§ 4.1-305. Purchasing or possessing alcoholic beverages unlawful in certain cases; venue; exceptions; penalty; forfeiture; deferred proceedings; treatment and education programs and services.
A. No person to whom an alcoholic beverage may not lawfully be sold under § 4.1-304 shall consume, purchase or possess, or attempt to consume, purchase or possess, any alcoholic beverage, except (i) pursuant to subdivisions 1 through 7 of § 4.1-200; (ii) where possession of the alcoholic beverages by a person less than 21 years of age is due to such person's making a delivery of alcoholic beverages in pursuance of his employment or an order of his parent; or (iii) by any state, federal, or local law-enforcement officer when possession of an alcoholic beverage is necessary in the performance of his duties. Such person may be prosecuted either in the county or city in which the alcohol was possessed or consumed, or in the county or city in which the person exhibits evidence of physical indicia of consumption of alcohol.
B. No person under the age of 21 years shall use or attempt to use any (i) altered, fictitious, facsimile or simulated license to operate a motor vehicle, (ii) altered, fictitious, facsimile or simulated document, including, but not limited to a birth certificate or student identification card, or (iii) motor vehicle operator's license, birth certificate or student identification card of another person in order to establish a false identification or false age for himself to consume, purchase or attempt to consume or purchase an alcoholic beverage.
C. Any person found guilty of a violation of this section
shall be guilty of a Class 1 misdemeanor; and upon conviction, (i) such person
shall be ordered to pay a mandatory minimum fine of $500 or ordered to perform
a mandatory minimum of 50 hours of community service as a condition of
probation supervision and (ii) the license to operate a motor vehicle in the
Commonwealth of any such person age 18 or older shall be suspended for a period
of not less than six months and not more than one year. The court, in its
discretion and upon a demonstration of hardship, may authorize any person
convicted of a violation of this section the use of a restricted permit to
operate a motor vehicle in accordance with the provisions of subsection D of §
16.1-278.9 or subsection E of § 18.2-271.1 or when referred to a local
community-based probation program services agency established
pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1. During the
period of license suspension, the court may require a person issued a
restricted permit under the provisions of this subsection to be (i) monitored
by an alcohol safety action program, or (ii) supervised by a local
community-based probation program services agency established
pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if one has
been established for the locality. The alcohol safety action program or local
community-based probation program services agency shall report to
the court any violation of the terms of the restricted permit, the required
alcohol safety action program monitoring or the local community-based
probation services and any condition related thereto or any failure to
remain alcohol-free during the suspension period.
D. Any alcoholic beverage purchased or possessed in violation of this section shall be deemed contraband and forfeited to the Commonwealth in accordance with § 4.1-338.
E. Any retail licensee who in good faith promptly notifies the Board or any state or local law-enforcement agency of a violation or suspected violation of this section shall be accorded immunity from an administrative penalty for a violation of § 4.1-304.
F. When any person who has not previously been convicted of
underaged consumption, purchase or possession of alcoholic beverages in
Virginia or any other state or the United States is before the court, the court
may, upon entry of a plea of guilty or not guilty, if the facts found by the
court would justify a finding of guilt of a violation of subsection A, without
entering a judgment of guilt and with the consent of the accused, defer further
proceedings and place him on probation subject to appropriate conditions. Such
conditions may include the imposition of the license suspension and restricted
license provisions in subsection C. However, in all such deferred proceedings,
the court shall require the accused to enter a treatment or education program
or both, if available, that in the opinion of the court best suits the needs of
the accused. If the accused is placed on local community-based probation, the
program or services shall be located in any of the judicial districts served
by the local community-based probation program services agency
or in any judicial district ordered by the court when the placement is with
an alcohol safety action program. The services shall be provided by (i) a
program licensed by the Department of Mental Health, Mental Retardation and
Substance Abuse Services, (ii) certified by the Commission on VASAP, or (iii)
by a program or services made available through a community-based
probation program services agency established pursuant to §
9.1-174 Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if
one has been established for the locality. When an offender is ordered to enter
a local community-based probation program services rather than
the alcohol safety action program, the local community-based probation program
services agency shall be responsible for providing for services or
referring the offender to education or treatment services as a condition of
probation.
Upon violation of a condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the conditions, the court shall discharge the person and dismiss the proceedings against him without an adjudication of guilt. A discharge and dismissal hereunder shall be treated as a conviction for the purpose of applying this section in any subsequent proceedings.
§ 9.1-173. Purpose.
It is the purpose of this article to enable any city, county
or combination thereof to develop, establish, and maintain a local
community-based probation programs services agency to provide the
judicial system with sentencing alternatives for certain misdemeanants or
persons convicted of felonies that are not felony acts of violence, as defined
in § 19.2-297.1 and sentenced pursuant to § 19.2-303.3, for whom the court
imposes a sentence of twelve 12 months or less and who may
require less than institutional custody.
The article shall be interpreted and construed so as to:
1. Allow individual cities, counties, or combinations thereof greater flexibility and involvement in responding to the problem of crime in their communities;
2. Provide more effective protection of society and to promote efficiency and economy in the delivery of correctional services;
3. Provide increased opportunities for offenders to make restitution to victims of crimes through financial reimbursement or community service;
4. Permit cities, counties or combinations thereof to operate
and utilize local community-based probation programs and services
specifically designed to meet the rehabilitative needs of selected offenders;
and
5. Provide appropriate post-sentencing alternatives in localities for certain offenders with the goal of reducing the incidence of repeat offenders.
§ 9.1-174. Establishment of a community-based probation services agency.
To facilitate local involvement and flexibility in responding
to the problem of crime in their communities and to permit a locally
designed community-based probation programs services agency that
will fit its needs, any city, county or combination thereof may, and any city,
county or combination thereof that is required by § 53.1-82.1 to file a
community-based corrections plan shall establish a system of community-based
services pursuant to this article. This system is to provide alternative
programs alternatives for (i) offenders who are convicted and
sentenced pursuant to § 19.2-303.3 and who are considered suitable candidates
for programs probation services that require less than
incarceration in a local correctional facility and (ii) defendants who are provided
a deferred proceeding and placed on probation services. Such programs
and services may be provided by qualified public agencies or by qualified
private agencies pursuant to appropriate contracts.
§ 9.1-175. Board to prescribe standards; biennial plan.
The Board shall approve standards as prescribed by the
Department for the development, implementation, operation and evaluation of
local community-based probation programs, services and facilities
authorized by this article. Any city, county or combination thereof which
establishes programs and provides local community-based probation services
pursuant to this article shall submit a biennial criminal justice plan to the
Department for review and approval.
§ 9.1-176. Mandated services; optional services and facilities.
Any city, county or combination thereof that elects or is
required to establish a local community-based probation program services
agency pursuant to this article shall provide to the judicial system the
following programs and services as components of local community-based
probation supervision: community service; home incarceration with or
without electronic monitoring; electronic monitoring; and substance abuse
screening, assessment, testing and treatment. Additional programs and services
and facilities, including, but not limited to, local day reporting center
programs centers and services, local halfway house programs facilities
and services for the temporary care of adults placed on community-based probation,
and law-enforcement diversion into detoxification center programs, as defined
in § 9.1-163, may be established by the city, county or combination thereof.
§ 9.1-176.1. Duties and responsibilities of local community-based probation officers.
A. Each local community-based probation officer, for the localities served, shall:
1. Supervise and assist all local-responsible adult offenders, residing within the localities served and placed on local community-based probation by any judge of any court within the localities served;
2. Ensure offender compliance with all orders of the court, including the requirement to perform community service;
3. Conduct, when ordered by a court, substance abuse screenings, or conduct or facilitate the preparation of assessments pursuant to state approved protocols;
4. Conduct, at his discretion, random drug and alcohol tests on any offender whom the officer has reason to believe is engaged in the illegal use of controlled substances or marijuana, or the abuse of alcohol or prescribed medication;
5. Facilitate placement of offenders in substance abuse education or treatment programs and services or other education or treatment programs and services based on the needs of the offender;
6. Seek a capias from any judicial officer in the event of failure to comply with conditions of local community-based probation or supervision on the part of any offender provided that noncompliance resulting from intractable behavior presents a risk of flight, or a risk to public safety or to the offender;
7. Seek a motion to show cause for offenders requiring a subsequent hearing before the court;
8. Provide information to assist any law-enforcement officer with the return to custody of defendants placed on supervision for which a capias has been sought; and
9. Keep such records and make such reports as required by the Department of Criminal Justice Services.
B. Each local probation officer may provide the following optional services, as appropriate and when available resources permit:
1. Supervise local-responsible adult offenders placed on home incarceration with or without home electronic monitoring as a condition of local community-based probation;
2. Investigate and report on any local-responsible adult offender and prepare or facilitate the preparation of any other screening, assessment, evaluation, testing or treatment required as a condition of probation;
3. Monitor placements of local-responsible adults who are required to perform court-ordered community service at approved work sites;
4. Assist the courts, when requested, by monitoring the collection of court costs, fines and restitution to the victims of crime for offenders placed on local probation; and
5. Collect supervision and intervention fees pursuant to § 9.1-182 subject to local approval and the approval of the Department of Criminal Justice Services.
§ 9.1-177. Form of oath of office for local community-based probation officers.
Every local community-based probation officer who is an employee of a local community-based probation agency, established by any city, county or combination thereof, or operated pursuant to this article, that provides probation and related services pursuant to the requirements of this article, shall take an oath of office as prescribed in § 49-1 before entering the duties of his office. The oath of office shall be taken before any general district or circuit court judge in any city or county that has established services for the judicial system pursuant to this article.
§ 9.1-177.1. Confidentiality of records of and reports on adult persons under investigation by or placed on probation supervision with a local community-based probation services agency.
A. Any investigation report, including a presentencing investigation report, prepared by a local community-based probation officer is confidential and is exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Such reports shall be filed as a part of the case record. Such reports shall be made available only by court order and shall be sealed upon final order by the court; except that such reports shall be available upon request to (i) any criminal justice agency, as defined in § 9.1-101, of this or any other state or of the United States; (ii) any agency where the accused is referred for assessment or treatment; or (iii) counsel for the person who is the subject of the report.
B. Any report on the progress of an offender under the supervision or of a local community-based probation agency and any information relative to the identity of or inferring personal characteristics of an accused, including demographic information, diagnostic summaries, records of office visits, medical, substance abuse, psychiatric or psychological records or information, substance abuse screening, assessment and testing information, and other sensitive information not explicitly classified as criminal history record information, is exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, such information may be disseminated to criminal justice agencies as defined in § 9.1-101 in the discretion of the custodian of these records.
§ 9.1-178. Community criminal justice boards.
A. Each county or city or combination thereof developing and
establishing a local pretrial services or a community-based probation program
services agency pursuant to this article shall establish a community
criminal justice board. Each county and city participating in a local
pretrial services or a local community-based probation program
services shall be represented on the community criminal justice
board. In the event that one county or city appropriates funds to the
program these services as part of a multijurisdictional effort, any
other participating county or city shall be considered to be participating in
a program if such locality appropriates funds to the program
these services. Appointments to the board shall be made by each local
governing body. In cases of multijurisdictional participation, unless otherwise
agreed upon, each participating city or county shall have an equal number of
appointments. Boards shall be composed of the number of members established by
a resolution or ordinance of each participating jurisdiction.
B. Each board shall include, at a minimum, the following
members: a person appointed by each governing body to represent the governing
body; a judge of the general district court; a circuit court judge; a juvenile
and domestic relations district court judge; a chief magistrate; one chief of
police or the sheriff in a jurisdiction not served by a police department to
represent law enforcement; an attorney for the Commonwealth; a public defender
or an attorney who is experienced in the defense of criminal matters; a sheriff
or the regional jail administrator responsible for jails serving those
jurisdictions involved in the local pretrial services and
community-based probation program services; a local educator; and
a community services board administrator. Any officer of the court appointed to
a community criminal justice board pursuant to this subsection may designate a
member of his staff approved by the governing body to represent him at meetings
of the board.
§ 9.1-179. Withdrawal from services.
Any participating city or county may, at the beginning of any
calendar quarter, by ordinance or resolution of its governing body, notify the
Director of the Department and, in the case of multijurisdictional programs
services, the other member jurisdictions, of its intention to withdraw from
the participation in local community-based probation program
services. Withdrawal shall be effective as of the last day of the quarter
in which the notice is given.
§ 9.1-180. Responsibilities of community criminal justice boards.
On behalf of the counties, cities, or combinations thereof which they represent, the community criminal justice boards shall have the responsibility to:
1. Advise on the development and operation of local pretrial
services and community-based probation programs and services pursuant to
§§ 19.2-152.2 and 9.1-176 for use by the courts in diverting offenders from
local correctional facility placements;
2. Assist community agencies and organizations in establishing and modifying programs and services for defendants and offenders on the basis of an objective assessment of the community's needs and resources;
3. Evaluate and monitor community programs, and
pretrial and local community-based probation services and facilities to
determine their impact on offenders;
4. Develop and amend the criminal justice plan in accordance with guidelines and standards set forth by the Department and oversee the development and amendment of the community-based corrections plan as required by § 53.1-82.1 for approval by participating local governing bodies;
5. Review the submission of all criminal justice grants regardless of the source of funding;
6. Facilitate local involvement and flexibility in responding to the problem of crime in their communities; and
7. Do all things necessary or convenient to carry out the responsibilities expressly given in this article.
§ 9.1-181. Eligibility to participate.
A. Any city, county, or combination thereof, which elects to,
or is required to establish programs services shall participate
in a local community-based probation program services agency by
ordinance or resolution of its governing authority. In cases of
multijurisdictional participation, each ordinance or resolution shall identify
the chosen administrator and fiscal agent as set forth in § 9.1-183. Such
ordinances or resolutions shall be provided to the Director of the Department,
regardless of funding source for the established programs.
B. Any local community-based probation program services
agency established pursuant to this article shall be available as a
sentencing alternative for persons sentenced to incarceration in a local correctional
facility or who otherwise would be sentenced to incarceration and who would
have served their sentence in a local or regional correctional facility.
§ 9.1-182. Funding; failure to comply; prohibited use of funds.
A. Counties and cities shall be required to establish a local
community-based probation program services agency under this
article only to the extent funded by the Commonwealth through the general
appropriation act.
B. The Department shall periodically review each program established under this article to determine compliance with the submitted plan and operating standards. If the Department determines that a program is not in substantial compliance with the submitted plan or standards, the Department may suspend all or any portion of financial aid made available to the locality for purposes of this article until there is compliance.
C. Funding shall be used for the provision of local
community-based probation services and operation of programs and facilities
but shall not be used for capital expenditures.
D. The Department, in conjunction with local boards, shall
establish a statewide system of supervision and intervention fees to be paid by
offenders participating in programs local community-based probation
services established under this article for reimbursement towards the costs
of their supervision.
E. Any supervision or intervention fees collected by local programs
community-based probation services agencies established under this
article shall be retained by the locality serving as fiscal agent and shall be
utilized solely for program expansion and program development
of services, or to supplant local costs of the program operation.
Any program local community-based probation services agency collecting
such fees shall keep records of the collected fees, report the amounts to the
locality serving as fiscal agent and make all records available to the
community criminal justice board. Such fees shall be in addition to any other
imposed on a defendant or offender as a condition of a deferred proceeding,
conviction or sentencing by a court as required by general law.
§ 9.1-183. City or county to act as administrator and fiscal agent.
Any single participating city or county shall act as the
administrator and fiscal agent for the funds awarded for purposes of
implementing a local pretrial services or community-based probation program
services agency. In cases of multijurisdictional participation, the
governing authorities of the participating localities shall select one of the
participating cities or counties, with its consent, to act as administrator and
fiscal agent for the funds awarded for purposes of implementing the local
pretrial services or community-based probation program services
agency on behalf of the participating jurisdictions.
The participating city or county acting as administrator and
fiscal agent pursuant to this section may be reimbursed for the actual costs
associated with the implementation of the local pretrial services or
community-based probation program services agency, including
fiscal administration, accounting, payroll services, financial reporting, and
auditing. Any costs must be approved by the community criminal justice board
and reimbursed from those funds received for the operation of the local pretrial
or community-based probation program services agency, and may
not exceed one percent of those funds received in any single fiscal year.
§ 9.1-185.4. Limitations on licensure.
A. In order to be licensed as a bail bondsman a person shall (i) be 18 years of age or older, (ii) have received a high school diploma or GED, and (iii) have successfully completed the bail bondsman exam required by the Board or successfully completed prior to July 1, 2005, a surety bail bondsman exam required by the State Corporation Commission under former § 38.2-1865.7.
B. The following persons are not eligible for licensure as bail bondsmen and may not be employed nor serve as the agent of a bail bondsman:
1. Persons who have been convicted of a felony within the Commonwealth, any other state, or the United States, who have not been pardoned, or whose civil rights have not been restored;
2. Employees of a local or regional jail;
3. Employees of a sheriff's office;
4. Employees of a state or local police department;
5. Persons appointed as conservators of the peace pursuant to Article 4.1 (§ 9.1-150.1 et seq.) of this chapter;
6. Employees of an office of an attorney for the Commonwealth;
7. Employees of the Department of Corrections, Department of
Criminal Justice Services, or a local pretrial or community corrections
-based probation services agency; and
8. Spouses of or any persons residing in the same household as persons referred to in subdivisions 2 through 7 of this section.
C. The exclusions in subsection B shall not be construed to limit the ability of a licensed bail bondsman to employ or contract with a licensed bail enforcement agent authorized to do business in the Commonwealth.
§ 9.1-186.4. Limitations on licensure.
A. In order to be licensed as a bail enforcement agent a person shall (i) be 21 years of age or older, (ii) have received a high school diploma or GED, and (iii) have satisfactorily completed a basic certification course in training for bail enforcement agents offered by the Department. Partial exemptions to the training requirements may be approved by the Department if the individual has received prior training.
B. The following persons are not eligible for licensure as a bail enforcement agent and may not be employed nor serve as agents for a bail enforcement agent:
1. Persons who have been convicted of a felony within the Commonwealth, any other state, or the United States, who have not been pardoned, or whose civil rights have not been restored.
2. Persons who have been convicted of any misdemeanor within the Commonwealth, any other state, or the United States within the preceding five years. This prohibition may be waived by the Department, for good cause shown, so long as the conviction was not for one of the following or a substantially similar misdemeanor: carrying a concealed weapon, assault and battery, sexual battery, a drug offense, driving under the influence, discharging a firearm, a sex offense, or larceny.
3. Persons who have been convicted of any misdemeanor within the Commonwealth, any other state, or the United States, that is substantially similar to the following: brandishing a firearm or stalking. The Department may not waive the prohibitions under this subdivision 3.
4. Persons currently the subject of a protective order within the Commonwealth or another state.
5. Employees of a local or regional jail.
6. Employees of a sheriff's office, or a state or local police department.
7. Commonwealth's Attorneys, and any employees of their offices.
8. Employees of the Department of Corrections, Department of
Criminal Justice Services, or a local community corrections pretrial
or community-based probation services agency.
C. The exclusions in subsection B shall not be construed to prohibit law enforcement from accompanying a bail enforcement agent when he engages in bail recovery.
§ 16.1-305. Confidentiality of court records.
A. Social, medical and psychiatric or psychological records, including reports or preliminary inquiries, predisposition studies and supervision records, of neglected and abused children, children in need of services, children in need of supervision and delinquent children shall be filed with the other papers in the juvenile's case file. All juvenile case files shall be filed separately from adult files and records of the court and shall be open for inspection only to the following:
1. The judge, probation officers and professional staff assigned to serve the juvenile and domestic relations district courts;
2. Representatives of a public or private agency or department providing supervision or having legal custody of the child or furnishing evaluation or treatment of the child ordered or requested by the court;
3. The attorney for any party, including the attorney for the Commonwealth;
4. Any other person, agency or institution, by order of the
court, having a legitimate interest in the case or in the work of the court.
However, for the purposes of an investigation conducted by a local
community-based probation services agency, preparation of a pretrial
investigation report, or of a presentence or postsentence report upon a finding
of guilty in a circuit court or for the preparation of a background report for
the Parole Board, adult probation and parole officers, including United States
Probation and Pretrial Services Officers, any officer of a local pretrial
services agency established or operated pursuant to Article 5 (§ 19.2-152.2 et
seq.) of Chapter 9 of Title 19.2, and any officer of a local community-based
probation program services agency established or operated
pursuant to the Comprehensive Community Corrections Act for Local-Responsible
Offenders (§ 9.1-173 et seq.) shall have access to an accused's or inmate's
records in juvenile court without a court order and for the purpose of
preparing the discretionary sentencing guidelines worksheets and related risk
assessment instruments as directed by the court pursuant to subsection C of §
19.2-298.01, the attorney for the Commonwealth and any pretrial services or
probation officer shall have access to the defendant's records in juvenile
court without a court order;
5. Any attorney for the Commonwealth and any local pretrial services or community-based probation officer or state adult probation or parole officer shall have direct access to the defendant's juvenile court delinquency records maintained in an electronic format by the court for the strictly limited purposes of preparing a pretrial investigation report, including any related risk assessment instrument, any presentence report, any discretionary sentencing guidelines worksheets, including related risk assessment instruments, any post-sentence investigation report or preparing for any transfer or sentencing hearing.
A copy of the court order of disposition in a delinquency case shall be provided to a probation officer or attorney for the Commonwealth, when requested for the purpose of calculating sentencing guidelines. The copies shall remain confidential, but reports may be prepared using the information contained therein as provided in §§ 19.2-298.01 and 19.2-299.
B. All or any part of the records enumerated in subsection A, or information secured from such records, which is presented to the judge in court or otherwise in a proceeding under this law shall also be made available to the parties to the proceedings and their attorneys.
B1. If a juvenile 14 years of age or older at the time of the offense is adjudicated delinquent on the basis of an act which would be a felony if committed by an adult, all court records regarding that adjudication and any subsequent adjudication of delinquency, other than those records specified in subsection A, shall be open to the public. However, if a hearing was closed, the judge may order that certain records or portions thereof remain confidential to the extent necessary to protect any juvenile victim or juvenile witness.
C. All other juvenile records, including the docket, petitions, motions and other papers filed with a case, transcripts of testimony, findings, verdicts, orders and decrees shall be open to inspection only by those persons and agencies designated in subsections A and B of this section. However, a licensed bail bondsman shall be entitled to know the status of a bond he has posted or provided surety on for a juvenile under § 16.1-258. This shall not authorize a bail bondsman to have access to or inspect any other portion of his principal's juvenile court records.
D. Attested copies of papers filed in connection with an adjudication of guilty for an offense for which the clerk is required by § 46.2-383 to furnish an abstract to the Department of Motor Vehicles, which shows the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney shall be furnished to an attorney for the Commonwealth upon certification by the prosecuting attorney that such papers are needed as evidence in a pending criminal, traffic, or habitual offender proceeding and that such papers will be only used for such evidentiary purpose.
D1. Attested copies of papers filed in connection with an adjudication of guilt for a delinquent act that would be a felony if committed by an adult, which show the charge, finding, disposition, name of the attorney for the juvenile, or waiver of attorney by the juvenile, shall be furnished to an attorney for the Commonwealth upon his certification that such papers are needed as evidence in a pending criminal prosecution for a violation of § 18.2-308.2 and that such papers will be only used for such evidentiary purpose.
E. Upon request, a copy of the court order of disposition in a delinquency case shall be provided to the Virginia Workers' Compensation Commission solely for purposes of determining whether to make an award to the victim of a crime, and such information shall not be disseminated or used by the Commission for any other purpose including but not limited to actions pursuant to § 19.2-368.15.
F. Staff of the court services unit or the attorney for the Commonwealth shall provide notice of the disposition in a case involving a juvenile who is committed to state care after being adjudicated for a criminal sexual assault as specified in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 to the victim or a parent of a minor victim, upon request. Additionally, if the victim or parent submits a written request, the Department of Juvenile Justice shall provide advance notice of such juvenile offender's anticipated date of release from commitment.
G. Any record in a juvenile case file which is open for inspection by the professional staff of the Department of Juvenile Justice pursuant to subsection A and is maintained in an electronic format by the court, may be transmitted electronically to the Department of Juvenile Justice. Any record so transmitted shall be subject to the provisions of § 16.1-300.
§ 18.2-55. Bodily injuries caused by prisoners, state juvenile probationers and state and local adult probationers or adult parolees.
A. It shall be unlawful for a person confined in a state, local or regional correctional facility as defined in § 53.1-1; in a secure facility or detention home as defined in § 16.1-228 or in any facility designed for the secure detention of juveniles; or while in the custody of an employee thereof to knowingly and willfully inflict bodily injury on:
1. An employee thereof, or
2. Any other person lawfully admitted to such facility, except another prisoner or person held in legal custody, or
3. Any person who is supervising or working with prisoners or persons held in legal custody, or
4. Any such employee or other person while such prisoner or person held in legal custody is committing any act in violation of § 53.1-203.
B. It shall be unlawful for an accused, probationer or parolee
under the supervision of, or being investigated by, (i) a probation or parole
officer whose powers and duties are defined in § 16.1-237 or § 53.1-145, (ii) a
local pretrial services officer associated with a program an agency established
pursuant to Article 5 (§ 19.2-152.2) of Chapter 9 of Title 19.2, or (iii) a
local community-based probation officer associated with a program an
agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1
of Title 9.1, to knowingly and willfully inflict bodily injury on such officer
while he is in the performance of his duty, knowing or having reason to know
that the officer is engaged in the performance of his duty.
Any person violating any provision of this section is guilty of a Class 5 felony.
§ 18.2-57.3. Persons charged with first offense of assault and battery against a family or household member may be placed on local community-based probation; conditions; education and treatment programs; costs and fees; violations; discharge.
When a person who is no younger than 18 years of age or who is considered an adult at the time of the proceeding and who has not previously been convicted of any offense under this article or under any statute of the United States or of any state or any ordinance of any local government relating to assault and battery against a family or household member or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to a violation of § 18.2-57.2, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on local community-based probation upon terms and conditions.
As a term or condition, the court may, where assessment or evaluation services are available, require the accused to be assessed or evaluated and, based on the results of the assessment or evaluation, require the accused to enter an education or treatment program or services indicated by the assessment or evaluation, if available. The court, when assessment or evaluation services are not available, may require education or treatment services such as, in the opinion of the court, may be best suited to the needs of the accused.
The court shall require the person entering such education or treatment program or services under the provisions of this section to pay all or part of the costs of the program or services, including the costs of any assessment, evaluation, testing, education and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
Following the finding of facts that would justify a finding of
guilt, the court may order the defendant be placed in with a
local community-based probation program services agency established
pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1 of Title 9.1, if such program
a services agency is available. As a condition of local community-based
probation, if available, the court shall require the accused to successfully
complete all treatment and/or education programs or services required by
the assessment or evaluation and to be of good behavior during the period of
supervised probation and for a period of not less than two years following the
completion of probation. The court shall order the defendant to be of good
behavior for a period of not less than two years following the finding of facts
that would justify a finding of guilt when no supervised probation is ordered.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition of supervised probation or of the period of good behavior, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings. As such, no charges dismissed pursuant to this section shall be eligible for expungement under § 19.2-392.2.
Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of § 18.2-308.
§ 18.2-64.2. Carnal knowledge of an inmate, parolee, probationer, detainee or pretrial or posttrial offender; penalty.
An accused shall be guilty of carnal knowledge of an inmate,
parolee, probationer, detainee, or pretrial defendant or posttrial
offender if he or she is an employee or contractual employee of, or a volunteer
with, a state or local correctional facility or regional jail, the Department
of Corrections, the Department of Juvenile Justice, a secure facility or
detention home, as defined in § 16.1-228, a state or local court services unit,
as defined in § 16.1-235, a local community-based probation program services
agency or a pretrial services program agency; is in a
position of authority over the inmate, probationer, parolee, detainee, or a
pretrial defendant or posttrial offender; knows that the inmate,
probationer, parolee, detainee, or pretrial defendant or posttrial
offender is under the jurisdiction of the state or local correctional facility,
a regional jail, the Department of Corrections, the Department of Juvenile
Justice, a secure facility or detention home, as defined in § 16.1-228, a state
or local court services unit, as defined in § 16.1-235, a local community-based
probation program services agency, or a pretrial services
program agency; and carnally knows, without the use of force, threat
or intimidation (i) an inmate who has been committed to jail or convicted and
sentenced to confinement in a state or local correctional facility or regional
jail or (ii) a probationer, parolee, detainee, or a pretrial defendant or
posttrial offender under the jurisdiction of the Department of Corrections, the
Department of Juvenile Justice, a secure facility or detention home, as defined
in § 16.1-228, a state or local court services unit, as defined in § 16.1-235,
a local community-based probation program services agency, a
pretrial services program agency, a local or regional jail for
the purposes of imprisonment, a work program or any other parole/probationary
or pretrial services program or agency. Such offense is a Class 6
felony.
For the purposes of this section, "carnal knowledge" includes the acts of sexual intercourse, cunnilingus, fellatio, anallingus, anal intercourse and animate or inanimate object sexual penetration.
§ 18.2-67.4. Sexual battery.
A. An accused is guilty of sexual battery if he sexually
abuses, as defined in § 18.2-67.10, (i) the complaining witness against the
will of the complaining witness, by force, threat, intimidation, or ruse, (ii)
an inmate who has been committed to jail or convicted and sentenced to
confinement in a state or local correctional facility or regional jail, and the
accused is an employee or contractual employee of, or a volunteer with, the
state or local correctional facility or regional jail; is in a position of
authority over the inmate; and knows that the inmate is under the jurisdiction
of the state or local correctional facility or regional jail, or (iii) a
probationer, parolee, or a pretrial defendant or posttrial offender
under the jurisdiction of the Department of Corrections, a local
community-based probation program services agency, a pretrial
services program agency, a local or regional jail for the
purposes of imprisonment, a work program or any other parole/probationary or
pretrial services program or agency and the accused is an
employee or contractual employee of, or a volunteer with, the Department of Corrections,
a local community-based probation program services agency, a
pretrial services program agency or a local or regional jail; is
in a position of authority over an offender; and knows that the offender is
under the jurisdiction of the Department of Corrections, a local
community-based probation program services agency, a pretrial
services program agency or a local or regional jail.
B. Sexual battery is a Class 1 misdemeanor.
§ 18.2-251. Persons charged with first offense may be placed on probation; conditions; substance abuse screening, assessment treatment and education programs or services; drug tests; costs and fees; violations; discharge.
Whenever any person who has not previously been convicted of any offense under this article or under any statute of the United States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or hallucinogenic drugs, or has not previously had a proceeding against him for violation of such an offense dismissed as provided in this section, pleads guilty to or enters a plea of not guilty to possession of a controlled substance under § 18.2-250 or to possession of marijuana under § 18.2-250.1, the court, upon such plea if the facts found by the court would justify a finding of guilt, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions.
As a term or condition, the court shall require the accused to
undergo a substance abuse assessment pursuant to § 18.2-251.01 or § 19.2-299.2,
as appropriate, and enter a treatment and/or education program or
services, if available, such as, in the opinion of the court, may be best
suited to the needs of the accused based upon consideration of the substance abuse
assessment. This The program or services may be located in
the judicial district in which the charge is brought or in any other judicial
district as the court may provide. The services shall be provided by (i) a
program licensed by the Department of Mental Health, Mental Retardation and
Substance Abuse Services, by a similar program which is made available through
the Department of Corrections, (ii) a local community-based corrections
program probation services agency established pursuant to § 9.1-174,
or (iii) an ASAP program certified by the Commission on VASAP.
The court shall require the person entering such program under the provisions of this section to pay all or part of the costs of the program, including the costs of the screening, assessment, testing, and treatment, based upon the accused's ability to pay unless the person is determined by the court to be indigent.
As a condition of probation, the court shall require the
accused (i) to successfully complete the treatment or education program
or services, (ii) to remain drug and alcohol free during the period of
probation and submit to such tests during that period as may be necessary and
appropriate to determine if the accused is drug and alcohol free, (iii) to make
reasonable efforts to secure and maintain employment, and (iv) to comply with a
plan of at least 100 hours of community service for a felony and up to twenty-four
24 hours of community service for a misdemeanor. Such testing shall
be conducted by personnel of the supervising probation agency or personnel of
any program or agency approved by the supervising probation agency.
The court shall, unless done at arrest, order the accused to report to the original arresting law-enforcement agency to submit to fingerprinting.
Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal under this section shall be without adjudication of guilt and is a conviction only for the purposes of applying this section in subsequent proceedings.
Notwithstanding any other provision of this section, whenever a court places an individual on probation upon terms and conditions pursuant to this section, such action shall be treated as a conviction for purposes of §§ 18.2-259.1, 22.1-315 and 46.2-390.1, and the driver's license forfeiture provisions of those sections shall be imposed. The provisions of this paragraph shall not be applicable to any offense for which a juvenile has had his license suspended or denied pursuant to § 16.1-278.9 for the same offense.
§ 18.2-251.01. Substance abuse screening and assessment for felony convictions.
A. When a person is convicted of a felony, not a capital
offense, committed on or after January 1, 2000, he shall be required to undergo
a substance abuse screening and, if the screening indicates a substance abuse
or dependence problem, an assessment by a certified substance abuse counselor
as defined in § 54.1-3500 employed by the Department of Corrections or by an
agency employee under the supervision of such counselor. If the person is
determined to have a substance abuse problem, the court shall require him to
enter a treatment and/or education program or services, if
available, which, in the opinion of the court, is best suited to the needs of
the person. This The program or services may be located in
the judicial district in which the conviction was had or in any other judicial
district as the court may provide. The treatment and/or education program or
services shall be licensed by the Department of Mental Health, Mental
Retardation and Substance Abuse Services or shall be a similar program or
services which is are made available through the Department
of Corrections if the court imposes a sentence of one year or more or, if the
court imposes a sentence of twelve 12 months or less, by a
similar program or services available through a local or regional jail,
a local community-based corrections program probation services
agency established pursuant to § 9.1-174, or an ASAP program certified by
the Commission on VASAP. The services agency or program may require the
person entering such program or services under the provisions of this
section to pay a fee for the education and treatment component, or both, based
upon the defendant's ability to pay.
B. As a condition of any suspended sentence and probation, the court shall order the person to undergo periodic testing and treatment for substance abuse, if available, as the court deems appropriate based upon consideration of the substance abuse assessment.
§ 18.2-252. Suspended sentence conditioned upon substance abuse screening, assessment, testing, and treatment or education.
The trial judge or court trying the case of any person found
guilty of violating any law concerning the use, in any manner, of drugs,
controlled substances, narcotics, marijuana, noxious chemical substances and
like substances, shall condition any suspended sentence by first requiring such
person to agree to undergo a substance abuse screening pursuant to §
18.2-251.01 and to submit to such periodic substance abuse testing, to include
alcohol testing, as may be directed by the court. Such testing shall be
conducted by the supervising probation agency or by personnel of any program or
agency approved by the supervising probation agency. The cost of such testing
ordered by the court shall be paid by the Commonwealth and taxed as a part of
the costs of such criminal proceedings. The judge or court shall order the
person, as a condition of any suspended sentence, to undergo such treatment or
education for substance abuse, if available, as the judge or court deems
appropriate based upon consideration of the substance abuse assessment. The
treatment or education shall be provided by a program or agency licensed
by the Department of Mental Health, Mental Retardation and Substance Abuse
Services, by a similar program or services available through the
Department of Corrections if the court imposes a sentence of one year or more
or, if the court imposes a sentence of twelve 12 months or less,
by a similar program or services available through a local or regional
jail, a local community-based corrections program probation
services agency established pursuant to § 9.1-174, or an ASAP program
certified by the Commission on VASAP.
§ 18.2-254. Commitment of convicted person for treatment for substance abuse.
A. Whenever any person who has not previously been convicted of
any offense under this article or under any statute of the United States or of
any state relating to narcotic drugs, marijuana, stimulant, depressant, or
hallucinogenic drugs or has not previously had a proceeding against him for
violation of such an offense dismissed as provided in § 18.2-251 is found
guilty of violating any law concerning the use, in any manner, of drugs,
controlled substances, narcotics, marijuana, noxious chemical substances, and
like substances, the judge or court shall require such person to undergo a
substance abuse screening pursuant to § 18.2-251.01 and to submit to such
periodic substance abuse testing, to include alcohol testing, as may be
directed by the court. The cost of such testing ordered by the court shall be
paid by the Commonwealth and taxed as a part of the costs of the criminal
proceedings. The judge or court shall also order the person to undergo such
treatment or education for substance abuse, if available, as the judge or court
deems appropriate based upon consideration of the substance abuse assessment.
The treatment or education shall be provided by a program or agency licensed
by the Department of Mental Health, Mental Retardation and Substance Abuse
Services or by a similar program or services available through the
Department of Corrections if the court imposes a sentence of one year or more
or, if the court imposes a sentence of 12 months or less, by a similar program or
services available through a local or regional jail, a local community-based
corrections program probation services agency established
pursuant to § 9.1-174, or an ASAP program certified by the Commission on VASAP.
B. The court trying the case of any person alleged to have committed any offense designated by this article or by the Drug Control Act (§ 54.1-3400 et seq.) or in any other criminal case in which the commission of the offense was motivated by or closely related to the use of drugs and determined by the court, pursuant to a substance abuse screening and assessment, to be in need of treatment for the use of drugs may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse, licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction of such offense or, if sentence was determined by a jury, not in excess of the term of imprisonment as set by such jury. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. A charge of escape may be prosecuted in either the jurisdiction where the treatment facility is located or the jurisdiction where the person was sentenced to commitment. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
C. The court trying a case in which commission of the offense was related to the defendant's habitual abuse of alcohol and in which the court determines, pursuant to a substance abuse screening and assessment, that such defendant is in need of treatment, may commit, based upon a consideration of the substance abuse assessment, such person, upon his conviction, to any facility for the treatment of persons with substance abuse licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, if space is available in such facility, for a period of time not in excess of the maximum term of imprisonment specified as the penalty for conviction. Confinement under such commitment shall be, in all regards, treated as confinement in a penal institution and the person so committed may be convicted of escape if he leaves the place of commitment without authority. The court may revoke such commitment at any time and transfer the person to an appropriate state or local correctional facility. Upon presentation of a certified statement from the director of the treatment facility to the effect that the confined person has successfully responded to treatment, the court may release such confined person prior to the termination of the period of time for which such person was confined and may suspend the remainder of the term upon such conditions as the court may prescribe.
§ 18.2-254.1. Drug Treatment Court Act.
A. This section shall be known and may be cited as the "Drug Treatment Court Act."
B. The General Assembly recognizes that there is a critical need in the Commonwealth for effective treatment programs that reduce the incidence of drug use, drug addiction, family separation due to parental substance abuse, and drug-related crimes. It is the intent of the General Assembly by this section to enhance public safety by facilitating the creation of drug treatment courts as means by which to accomplish this purpose.
C. The goals of drug treatment courts include: (i) reducing drug addiction and drug dependency among offenders; (ii) reducing recidivism; (iii) reducing drug-related court workloads; (iv) increasing personal, familial and societal accountability among offenders; and, (v) promoting effective planning and use of resources among the criminal justice system and community agencies.
D. Drug treatment courts are specialized court dockets within the existing structure of Virginia's court system offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases. Local officials must complete a recognized planning process before establishing a drug treatment court program.
E. Administrative oversight for implementation of the Drug Treatment Court Act shall be conducted by the Supreme Court of Virginia. The Supreme Court of Virginia shall be responsible for (i) providing oversight for the distribution of funds for drug treatment courts; (ii) providing technical assistance to drug treatment courts; (iii) providing training for judges who preside over drug treatment courts; (iv) providing training to the providers of administrative, case management, and treatment services to drug treatment courts; and (v) monitoring the completion of evaluations of the effectiveness and efficiency of drug treatment courts in the Commonwealth.
F. A state drug treatment court advisory committee shall be
established to (i) evaluate and recommend standards for the planning and
implementation of drug treatment courts; (ii) assist in the evaluation of their
effectiveness and efficiency; and (iii) encourage and enhance cooperation among
agencies that participate in their planning and implementation. The committee
shall be chaired by the Chief Justice of the Supreme Court of Virginia or his
designee and shall include a member of the Judicial Conference of Virginia who
presides over a drug treatment court; a district court judge; the Executive
Secretary or his designee; the directors of the following executive branch
agencies: Department of Corrections, Department of Criminal Justice Services,
Department of Juvenile Justice, Department of Mental Health, Mental Retardation
and Substance Abuse Services, Department of Social Services; a representative
of the following entities: community corrections/pretrial services programs
a local community-based probation and pretrial services agency, the
Commonwealth's Attorney's Association, the Public Defender Commission, the
Circuit Court Clerk's Association, the Virginia Sheriff's Association, the
Virginia Association of Chiefs of Police, the Commission on VASAP, and two
representatives designated by the Virginia Drug Court Association.
G. Each jurisdiction or combination of jurisdictions that
intend to establish a drug treatment court or continue the operation of an
existing one shall establish a local drug treatment court advisory committee.
Jurisdictions that establish separate adult and juvenile drug treatment courts
may establish an advisory committee for each such court. Each advisory
committee shall ensure quality, efficiency, and fairness in the planning,
implementation, and operation of the drug treatment court or courts that serve
the jurisdiction or combination of jurisdictions. Advisory committee membership
shall include, but shall not be limited to the following people or their
designees: (i) the drug treatment court judge; (ii) the attorney for the Commonwealth,
or, where applicable, the city or county attorney who has responsibility for
the prosecution of misdemeanor offenses; (iii) the public defender or a member
of the local criminal defense bar in jurisdictions in which there is no public
defender; (iv) the clerk of the court in which the drug treatment court is
located; (v) a representative of the Virginia Department of Corrections, or the
Department of Juvenile Justice, or both, from the local office which serves the
jurisdiction or combination of jurisdictions; (vi) a representative of
community corrections/pretrial services a local community-based
probation and pretrial services agency; (vii) a local law-enforcement
officer; (viii) a representative of the Department of Mental Health, Mental
Retardation, and Substance Abuse Services or a representative of local drug
treatment providers; (ix) the drug court administrator; (x) a representative of
the Department of Social Services; (xi) county administrator or city manager;
and (xii) any other people selected by the drug treatment court advisory
committee.
H. Each local drug treatment court advisory committee shall establish criteria for the eligibility and participation of offenders who have been determined to be addicted to or dependent upon drugs. Subject to the provisions of this section, neither the establishment of a drug treatment court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein which he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so. As defined in § 17.1-805 or 19.2-297.1, adult offenders who have been convicted of a violent criminal offense within the preceding 10 years, or juvenile offenders who previously have been adjudicated not innocent of any such offense within the preceding 10 years, shall not be eligible for participation in any drug treatment court established or continued in operation pursuant to this section.
I. Each drug treatment court advisory committee shall establish policies and procedures for the operation of the court to attain the following goals: (i) effective integration of drug and alcohol treatment services with criminal justice system case processing; (ii) enhanced public safety through intensive offender supervision and drug treatment; (iii) prompt identification and placement of eligible participants; (iv) efficient access to a continuum of alcohol, drug, and related treatment and rehabilitation services; (v) verified participant abstinence through frequent alcohol and other drug testing; (vi) prompt response to participants' noncompliance with program requirements through a coordinated strategy; (vii) ongoing judicial interaction with each drug court participant; (viii) ongoing monitoring and evaluation of program effectiveness and efficiency; (ix) ongoing interdisciplinary education and training in support of program effectiveness and efficiency; and (x) ongoing collaboration among drug treatment courts, public agencies, and community-based organizations to enhance program effectiveness and efficiency.
J. Participation by an offender in a drug treatment court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.
K. Nothing in this section shall preclude the establishment of substance abuse treatment programs and services pursuant to the deferred judgment provisions of § 18.2-251.
L. Each offender shall contribute to the cost of the substance abuse treatment he receives while participating in a drug treatment court pursuant to guidelines developed by the drug treatment court advisory committee.
M. Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local drug treatment court advisory committee to accept for participation every offender.
N. The Office of the Executive Secretary shall, with the assistance of the state drug treatment court advisory committee, develop a statewide evaluation model and conduct ongoing evaluations of the effectiveness and efficiency of all local drug treatment courts. A report of these evaluations shall be submitted to the General Assembly by December 1 of each year. Each local drug treatment court advisory committee shall submit evaluative reports to the Office of the Executive Secretary as requested.
O. Notwithstanding any other provision of this section, no drug treatment court shall be established subsequent to March 1, 2004, unless the jurisdiction or jurisdictions intending or proposing to establish such court have been specifically granted permission under the Code of Virginia to establish such court. The provisions of this subsection shall not apply to any drug treatment court established on or before March 1, 2004, and operational as of July 1, 2004.
P. Subject to the requirements and conditions established by the state Drug Treatment Court Advisory Committee, there shall be established a drug treatment court in the following jurisdictions: the City of Chesapeake and the City of Newport News.
§ 19.2-80.2. Duty of arresting officer; providing magistrate or court with criminal history information.
In any case in which an officer proceeds under §§ 19.2-76,
19.2-80 and 19.2-82, such officer shall, to the extent possible, obtain and
provide the magistrate or court with the arrested person's criminal history
information prior to any proceeding under Article 1 (§ 19.2-119 et seq.) of
Chapter 9 of this title. A pretrial services program agency established
pursuant to § 19.2-152.4 § 19.2-152.2 may, in lieu of the
arresting officer, provide the criminal history to the magistrate or court.
§ 19.2-152.2. Purpose; establishment of pretrial services and services agencies.
It is the purpose of this article to provide more effective
protection of society by establishing programs pretrial services
agencies that will assist judicial officers in discharging their duties
pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title. Such programs
agencies are intended to provide better information and services for
use by judicial officers in determining the risk to public safety and the
assurance of appearance of persons age 18 or over or persons under the age of
18 who have been transferred for trial as adults held in custody and charged
with an offense, other than an offense punishable by death, who are pending
trial or hearing. Any city, county or combination thereof may establish a
pretrial services program agency and any city, county or
combination thereof required to submit a community-based corrections plan
pursuant to § 53.1-82.1 shall establish a pretrial services program
agency.
§ 19.2-152.3. Department of Criminal Justice Services to prescribe standards; biennial plan.
The Department of Criminal Justice Services shall prescribe
standards for the development, implementation, operation and evaluation of programs
services authorized by this article. The Department of Criminal
Justice Services shall develop risk assessment and other instruments to be used
by pretrial services programs agencies in assisting judicial
officers in discharging their duties pursuant to Article 1 (§ 19.2-119 et seq.)
of Chapter 9 of this title. Any city, county or combination thereof which
establishes a pretrial services program pursuant to this article
shall submit a biennial plan to the Department of Criminal Justice Services for
review and approval.
§ 19.2-152.4. Mandated services.
Any city, county or combination thereof which elects or is
required to establish a pretrial services program agency shall
provide all information and services for use by judicial officers as set forth
in Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.
§ 19.2-152.4:1. Form of oath of office for local pretrial services officer; authorization to seek capias.
Every pretrial services officer who is an employee of a local pretrial services agency established by any city, county or combination thereof or operated pursuant to this article shall take an oath of office as prescribed in § 49-1 and to provide services pursuant to the requirements of this article before entering the duties of his office. The oath of office shall be taken before any general district or circuit court judge in any county or city which has established services for use by judicial officers pursuant to this article.
In addition, any officer of a pretrial services agency
established or operated pursuant to this article may seek a warrant or capias
from any judicial officer for the arrest of any person under the agency's
custody and supervision for failure to comply with any conditions of release
imposed by a judicial officer, for failure to comply with the conditions of
pretrial supervision as established by a pretrial services agency, or when
there is reason to believe that the person will fail to appear, will leave, or
has left the jurisdiction to avoid prosecution.
§ 19.2-152.4:2. Confidentiality of records of and reports on adult persons under investigation by or in the custody or supervision of a local pretrial services agency.
A. Any pretrial investigation report prepared by a local pretrial services officer is confidential and is exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). Such reports shall be filed as a part of the case record. Such reports shall be sealed upon receipt by the court and made available only by court order; except that such reports shall be available upon request to (i) any criminal justice agency, as defined in § 9.1-101, of this or any other state or of the United States; (ii) any agency where the accused is referred for assessment or treatment; or (iii) counsel for the person who is the subject of the report.
B. Any report on the progress of an accused under the supervision or custody of a pretrial services agency and any information relative to the identity of or inferring personal characteristics of an accused, including demographic information, diagnostic summaries, records of office visits, medical, substance abuse, psychiatric or psychological records or information, substance abuse screening, assessment and testing information, and other sensitive information not explicitly classified as criminal history record information, is exempt from the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). However, such information may be disseminated to criminal justice agencies as defined in § 9.1-101 in the discretion of the custodian of these records.
§ 19.2-152.4:3. Duties and responsibilities of local pretrial services officers.
A. Each local pretrial services officer, for the jurisdictions served, shall:
1. Investigate and interview defendants arrested on state and
local warrants and who are detained in jails located in jurisdictions served by
the program agency while awaiting a hearing before any court that
is considering or reconsidering bail, at initial appearance, advisement or
arraignment, or at other subsequent hearings;
2. Present a pretrial investigation report with recommendations to assist courts in discharging their duties related to granting or reconsidering bail;
3. Supervise and assist all defendants residing within the jurisdictions served and placed on pretrial supervision by any judicial officer within the jurisdictions to ensure compliance with the terms and conditions of bail;
4. Conduct random drug and alcohol tests on any defendant under supervision for whom a judicial officer has ordered testing or who has been required to refrain from excessive use of alcohol or use of any illegal drug or controlled substance or other defendant-specific condition of bail related to alcohol or substance abuse;
5. Seek a capias from any judicial officer pursuant to § 19.2-152.4:1 for any defendant placed under supervision or the custody of the agency who fails to comply with the conditions of bail or supervision, when continued liberty or noncompliance presents a risk of flight, a risk to public safety or risk to the defendant;
6. Seek an order to show cause why the defendant should not be required to appear before the court in those cases requiring a subsequent hearing before the court;
7. Provide defendant-based information to assist any law-enforcement officer with the return to custody of defendants placed on supervision for which a capias has been sought; and
8. Keep such records and make such reports as required by the Commonwealth of Virginia Department of Criminal Justice Services.
B. Each local pretrial services officer, for the jurisdictions served, may provide the following optional services, as appropriate and when available resources permit:
1. Conduct, subject to court approval, drug and alcohol screenings, or tests at investigation pursuant to subsection B of § 19.2-123 or following release to supervision, and conduct or facilitate the preparation of screenings or assessments or both pursuant to state approved protocols;
2. Facilitate placement of defendants in a substance abuse education or treatment program or services or other education or treatment service when ordered as a condition of bail;
3. Sign for the custody of any defendant investigated by a pretrial services officer, and released by a court to pretrial supervision as the sole term and condition of bail or when combined with an unsecured bond;
4. Provide defendant information and investigation services
for those who are detained in jails located in jurisdictions served by the program
agency and are awaiting an initial bail hearing before a local
magistrate;
5. Supervise defendants placed by any judicial officer on home electronic monitoring as a condition of bail and supervision;
6. Prepare, for defendants investigated, the financial statement-eligibility determination form for indigent defense services; and
7. Subject to approved procedures and if so requested by the court, coordinate for defendants investigated, services for court-appointed counsel and for interpreters for foreign-language speaking and hearing-impaired defendants.
§ 19.2-152.5. Community criminal justice boards.
Each city, county or combination thereof establishing a
pretrial services program agency shall also establish a community
criminal justice board pursuant to § 9.1-178.
§ 19.2-152.6. Withdrawal from pretrial services.
Any participating city or county may, at the beginning of any
calendar quarter, by ordinance or resolution of its governing authority, notify
the Department of Criminal Justice Services of its intention to withdraw from the
participation in pretrial services program. Such withdrawal
shall be effective as of the last day of the quarter in which such notice is
given.
§ 19.2-152.7. Funding; failure to comply.
Counties and cities shall be required to establish a pretrial
services program agency only to the extent funded by the
Commonwealth through the general appropriation act. The Department of Criminal
Justice Services shall periodically review each program agency established
under this article to determine compliance with the submitted plan and
operating standards. If the Department determines that a program any
agency is not in substantial compliance with the submitted plan or
standards, the Department may suspend all or any portion of financial aid made
available to the locality for purposes of this article until there is
compliance.
§ 19.2-299.2. Alcohol and substance abuse screening and assessment for designated Class 1 misdemeanor convictions.
A. When a person is convicted of any offense committed on or
after January 1, 2000, under Article 1 (§ 18.2-247 et seq.) or Article 1.1 (§
18.2-265.1 et seq.) of Chapter 7 of Title 18.2, and such offense is punishable
as a Class 1 misdemeanor, the court shall order the person to undergo a
substance abuse screening as part of the sentence if the defendant's sentence
includes probation supervision by a local community-based probation program services
agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1
of Title 9.1 or participation in a local alcohol safety action program.
Whenever a court requires a person to enter into and successfully complete an
alcohol safety action program pursuant to § 18.2-271.1 for a second offense of
the type described therein, or orders an evaluation of a person to be conducted
by an alcohol safety action program pursuant to any provision of § 46.2-391,
the alcohol safety action program shall assess such person's degree of alcohol
abuse before determining the appropriate level of treatment to be provided or
to be recommended for such person being evaluated pursuant to § 46.2-391.
The court may order such screening upon conviction as part of
the sentence of any other Class 1 misdemeanor if the defendant's sentence
includes probation supervision by a local community-based probation program services
agency established pursuant to Article 9 (§ 9.1-173 et seq.) of Chapter 1
of Title 9.1, participation in a local alcohol safety action program or any
other sanction and the court has reason to believe the defendant has a
substance abuse or dependence problem.
B. A substance abuse screening ordered pursuant to this
section shall be conducted by the local alcohol safety action program. When an
offender is ordered to enter programming under the local community-based
probation program services established pursuant to Article 9 (§
9.1-173 et seq.) of Chapter 1 of Title 9.1, rather than the local alcohol
safety action program, the local community-based probation program services
agency shall be responsible for the screening. However, if a local
community-based probation program services agency has not been
established for the locality, the local alcohol safety action program shall
conduct the screening as part of the sentence.
C. If the screening indicates that the person has a substance abuse or dependence problem, an assessment shall be completed and if the assessment confirms that the person has a substance abuse or dependence problem, as a condition of a suspended sentence and probation, the court shall order the person to complete the substance abuse education and intervention component, or both as appropriate, of the local alcohol safety action program or such other agency providing treatment programs or services, if available, such as in the opinion of the court would be best suited to the needs of the person. If the referral is to the local alcohol safety action program, the program may charge a fee for the education and intervention component, or both, not to exceed $300, based upon the defendant's ability to pay.
§ 19.2-303.3. Sentence to local community-based probation services; services agency; requirements for participation; sentencing; and removal from probation; payment of costs towards supervision and services.
A. Any offender who is (i) convicted on or after July 1, 1995, of a misdemeanor or a felony that is not a felony act of violence as defined in § 19.2-297.1, and for which the court imposes a total sentence of 12 months or less, and (ii) no younger than 18 years of age or is considered an adult at the time of conviction may be sentenced to a local community-based probation services agency established pursuant to § 9.1-174 by the local governing bodies within that judicial district or circuit.
B. Prior to or at the time of sentencing, the court may order
the offender placed in a under local community-based probation program
services pursuant to § 9.1-174 upon a determination by the court
that the offender may benefit from the program these services and
is capable of returning to society as a productive citizen with a reasonable
amount of supervision and intervention including programs and services
set forth in § 9.1-176. All or part of any sentence imposed that has been
suspended, shall be conditioned upon the offender's successful completion of any
program local community-based probation services established
pursuant to § 9.1-174.
The court may impose terms and conditions of supervision as it
deems appropriate, including that the offender abide by any additional
requirements of supervision imposed or established by the program local
community-based probation services agency during the period of probation
supervision.
C. Any sworn officer of a local community-based probation
services agency established or operated pursuant to the Comprehensive
Community Corrections Act for Local-Responsible Offenders (§ 9.1-173 et seq.)
may seek a capias from any judicial officer for the arrest of any person on local
community-based probation and under its supervision for (i) intractable
behavior; (ii) refusal to comply with the terms and conditions imposed by the
court; (iii) refusal to comply with the requirements of local community-based
probation supervision established by the agency; or (iv) the commission of
a new offense while on local community-based probation and under agency
supervision. Upon arrest, the offender shall be brought for a hearing before
the court of appropriate jurisdiction. After finding that the offender (a)
exhibited intractable behavior as defined herein; (b) refused to comply with
terms and conditions imposed by the court; (c) refused to comply with the
requirements of local community-based probation supervision established
by the agency; or (d) committed a new offense while on local community-based
probation and under agency supervision, the court may revoke all or part of
the suspended sentence and supervision, and commit the offender to serve
whatever sentence was originally imposed or impose such other terms and
conditions of supervision probation as it deems appropriate or,
in a case where the proceeding has been deferred, enter an adjudication of
guilt and proceed as otherwise provided by law.
"Intractable behavior" is that behavior that, in the determination of the court, indicates an offender's unwillingness or inability to conform his behavior to that which is necessary for successful completion of local community-based probation or that the offender's behavior is so disruptive as to threaten the successful completion of the program by other participants.
D. An offender sentenced to or provided a deferred proceeding and placed on community-based probation pursuant to this section may be required to pay an amount towards the costs of his supervision and services received in accordance with subsection D of § 9.1-182.
§ 19.2-389.1. Dissemination of juvenile record information.
Record information maintained in the Central Criminal Records
Exchange pursuant to the provisions of § 16.1-299 shall be disseminated only
(i) to make the determination as provided in §§ 18.2-308.2 and 18.2-308.2:2 of
eligibility to possess or purchase a firearm; (ii) to aid in the preparation of
a pretrial investigation report prepared by a local pretrial services agency
established pursuant to Article 5 (§ 19.2-152.2 et seq.) of Chapter 9 of this
title, a presentence or post-sentence investigation report pursuant to §
19.2-264.5 or 19.2-299 or in the preparation of the discretionary sentencing
guidelines worksheets pursuant to subsection C of § 19.2-298.01; (iii) to aid
local community-based probation programs services agencies established
pursuant to the Comprehensive Community Corrections Act for Local-Responsible
Offenders (§ 9.1-173 et seq.) with investigating or serving adult
local-responsible offenders and all court service units serving juvenile
delinquent offenders; (iv) for fingerprint comparison utilizing the
fingerprints maintained in the Automated Fingerprint Information System (AFIS)
computer; (v) to attorneys for the Commonwealth to secure information
incidental to sentencing and to attorneys for the Commonwealth and probation
officers to prepare the discretionary sentencing guidelines worksheets pursuant
to subsection C of § 19.2-298.01; (vi) to any full-time or part-time employee
of the State Police, a police department or sheriff's office that is a part of
or administered by the Commonwealth or any political subdivision thereof, and
who is responsible for the prevention and detection of crime and the
enforcement of the penal, traffic or highway laws of the Commonwealth, for
purposes of the administration of criminal justice as defined in § 9.1-101;
(vii) to the Department of Forensic Science to verify its authority to maintain
the juvenile's sample in the DNA data bank pursuant to § 16.1-299.1; (viii) to
the Office of the Attorney General, for all criminal justice activities
otherwise permitted and for purposes of performing duties required by the Civil
Commitment of Sexually Violent Predators Act (§ 37.2-900 et seq.); and (ix) to
the Virginia Criminal Sentencing Commission for research purposes.
§ 19.2-390.01. Use of Virginia crime code references required.
If any criminal warrant, indictment, information, presentment,
petition, summons, charging document issued by a magistrate, or dispositional
document from a criminal trial, involves a jailable offense, it shall include
the Virginia crime code references for the particular offense or offenses
covered. When Virginia crime codes are provided on charging and dispositional
documents, the Virginia crime codes shall be recorded and stored for adult
offenders in: criminal history computer systems maintained by the State Police;
court case management computer systems maintained by the Supreme Court of
Virginia; probation and parole case management computer systems maintained by
the Department of Corrections and the Virginia Parole Board; pretrial and community
corrections community-based probation case management computer
systems maintained by the Department of Criminal Justice Services; and jail
management computer systems maintained by the State Compensation Board. The
Department of Juvenile Justice shall record and store Virginia crime codes for
particular offenses related to juveniles in case management computer systems.
Virginia crime codes shall only be used to facilitate administration and research, and shall not have any legal standing as they relate to a particular offense or offenses.
§ 30-19.1:4. Increase in terms of imprisonment or commitment; fiscal impact statements; appropriations for operating costs.
A. 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 in periods of commitment to the custody of the Department of Juvenile Justice.
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 minimum 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 pretrial and community-based probation services
agencies 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.
H. For each law enacted which results in a net increase in periods of imprisonment in state correctional facilities or 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 six fiscal years following the effective date of the law. "Operating costs" means all costs other than capital outlay costs.
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 capital expenses, including the cost of planning or preplanning studies that may be required to initiate capital outlay projects.