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2008 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Linda T. Puller

Clerk: Emily O'Brion
Staff: Patrick Cushing
Date of Meeting: January 18, 2008
Time and Place: Friday, 8:30 a.m./ Senate Room B

S.B. 28 Child-friendly visiting rooms; state correctional facilities required to provide.

Patron: Miller, Y.B.

Child-friendly visiting rooms in state correctional facilities.  Requires each state correctional facility to provide child-friendly visiting rooms to promote positive bonds between incarcerated parents and their children. This bill requires the Department of Corrections to promulgate regulations governing the use of these visiting rooms that do not penalize inmates with sanctions, such as termination of a visit, due to normal child behavior.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-25.2, relating to child-friendly visiting rooms in state correctional facilities.

088129276

S.B. 138 Prisoners; medical and psychiatric benefits.

Patron: Puller

Medical and psychiatric benefits for prisoners.  Requires the Department of Corrections to take reasonable steps to identify any benefits, including any Social Security or Veterans Administration benefits, for which a prisoner may be eligible and take such steps as may be necessary to ensure that benefits are available to the prisoner at the time of release.

A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 2 of Title 53.1 a section numbered 53.1-40.11, relating to medical and psychiatric benefits for prisoners.

083124304

S.B. 198 Alcoholic beverage control; operation of government stores.

Patron: Puller

Alcoholic beverage control; operation of government stores.  Allows certain holders of a distiller's license, appointed as agents of the ABC Board, to also sell alcoholic beverages produced on the licensed premised.  Currently, the alcoholic beverages must be manufactured by the licensees. The bill contains an emergency clause.

A BILL to amend and reenact § 4.1-119 of the Code of Virginia, relating to alcoholic beverage control; operation of government stores.

081776304

EMERGENCY

S.B. 200 Reentry planning; Department of Corrections to develop & implement comprehensive plan.

Patron: Puller

Reentry planning.  Requires the Department of Corrections to develop and implement a comprehensive reentry plan for each person committed to the supervision of the Department, at the time of commitment.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-32.2, relating to reentry planning.

083123304

S.B. 205 Prisoners; mandatory release on parole.

Patron: Quayle

Prisons and correctional facilities; mandatory release on parole.  Provides that a prisoner whose parole is revoked on a technical violation is not required to serve the minimum six months. Under this bill, the prisoner would receive credit for good time if the parole violation was technical, but not if the violation involved a new and subsequent charge. "Technical violation" means any failure to adhere to conditions of parole that is not deliberate defiance of those conditions or does not constitute further criminal conduct or both.

A BILL to amend and reenact § 53.1-159 of the Code of Virginia, relating to mandatory release on parole.

088419308

S.B. 294 ABC Board; grounds for when may revoke or suspend license.

Patron: Puller

Grounds for which ABC Board may revoke or suspend license.  Eliminates provision that the ABC Board may revoke or suspend a license, other than a brewery license, if it has reasonable cause to believe that the licensee has employed a person who has been convicted of a felony or a crime of moral turpitude. The bill limits ABC Board's authority to revoke a license to licensees who employ a person who has violated the laws of the Commonwealth, of any other state, or of the United States, applicable to the manufacture, transportation, possession, use or sale of alcoholic beverages.

A BILL to amend and reenact § 4.1-225 of the Code of Virginia, relating to grounds for which ABC Board may revoke or suspend license.

088501304

S.B. 295 Parole interviews; allows videoconferencing.

Patron: Puller

Parole interviews; allow videoconferencing.  Provides that parole interviews may be conducted in person or by videoconferencing, by the voting members of the Parole Board, provided that interviews are recorded in full via electronic means that can be reviewed by the voting members.

A BILL to amend and reenact § 53.1-154 of the Code of Virginia, relating to parole interviews; allow videoconferencing.

083125304

S.B. 323 Alcoholic mixed beverages; restaurant licensee food sale requirement.

Patron: Wagner

Alcoholic beverage control; mixed beverage restaurant licensee food sale requirement. Changes the gross receipt sale requirement for mixed beverage restaurant licensees. The bill requires licensees' gross receipts from the sale of food cooked or prepared and consumed on the premises and nonalcoholic beverages served on the premises, after issuance of such license, to amount to at least an average of $4,000 per month annually.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; minimum food sale requirement for mixed beverage restaurant licensees.

085674340

S.B. 366 Alcoholic beverage control; creates new nonresident winery distributor license.

Patron: Watkins

Alcoholic beverage control; nonresident winery distributor license.  Creates a new nonresident winery distributor license that authorizes the licensee to sell and deliver the wine produced by the licensee, in accordance with ABC Board regulations, in closed containers, to (i) persons licensed to sell the wine at retail for the purpose of resale, § 4.1-326 notwithstanding, (ii) the Board, and (iii) persons in Virginia to whom alcoholic beverages may be lawfully sold. The bill provides that, for purposes of § 4.1-234 and Chapter 6 (§ 58.1-600 et seq.) of Title 58.1, each delivery of wine by such licensee to a consumer or a retail licensee shall constitute a sale in Virginia. Licensees are required to collect the taxes due to the Commonwealth and remit any excise taxes monthly to the Board and any sales tax to the Department of Taxation. The bill defines "nonresident winery distributor" as any winery located outside the Commonwealth and licensed as such in the state where the winery is located and whose total wine distribution to all Virginia licensees does not exceed 3,000 cases in any calendar year. The bill also grants these same privileges to certain winery and farm winery licensees. The bill also requires the ABC Board to quarterly audit and inspect all licensees with the privilege of self-distribution to ensure they meet the requirements for the license. The bill sets the state license tax for this new license and requires the ABC Board to adopt emergency regulations to implement the provisions of the bill. The bill eliminates the authority for creation of a nonprofit corporation by the Commissioner of Agriculture and Consumer Services and contains numerous technical corrections to effect such elimination.

A BILL to amend and reenact §§ 2.2-4002, 4.1-100, 4.1-111, 4.1-203, 4.1-204, 4.1-207, 4.1-208, 4.1-223, 4.1-231, and 4.1-310 of the Code of Virginia and to repeal §§ 3.1-14.01 and 4.1-207.1, relating to alcoholic beverage control; nonresident winery distributor license.

081761348

S.B. 499 Sheriffs; permitting work on public or private property by inmates.

Patron: Northam

Sheriffs; permitting work on public or private property by inmates.  Allows jail inmates to perform work on private property utilized by a nonprofit organization.

A BILL to amend and reenact § 53.1-129 of the Code of Virginia, relating to permitting work on public or private property by inmates.

080717286

S.B. 546 Local correctional facilities.

Patron: Hurt

Local correctional facilities. Allows Danville and Pittsylvania to enter into a regional jail project without a third participating jurisdiction.

A BILL to amend and reenact §§ 53.1-80, 53.1-81, and 53.1-82 of the Code of Virginia, relating to local correctional facilities.

086960556

S.B. 584 Alcoholic beverage control; permits a licensee to mix wine, beer, and spirits for patrons.

Patron: Ticer

Alcoholic beverage control; mixing of wine, beer, and spirits for patrons.  Permits a licensee to mix wine, beer, and spirits if prepared for a patron. The bill also restricts the Board from adopting regulations prohibiting any mixed beverage licensee from pre-mixing, either in frozen drink dispensers of types approved by the board or otherwise, mixed alcoholic beverages for purposes of sale and consumption upon the licensed premises.

A BILL to amend and reenact § 4.1-324 of the Code of Virginia, relating to alcoholic beverage control; sale of mixed alcoholic beverages and pre-mixing alcoholic beverages by a mixed beverage licensee.

081780340

S.B. 589 Jail construction reimbursement

Patron: Howell

Jail construction reimbursement.  Provides that the Commonwealth will reimburse any county or city up to one-half of the capital costs of a jail construction or renovation project that will increase the capacity by at least 150 beds.  Certain shared jail arrangements will also be reimbursed up to one-half of the capital costs for increasing capacity by 150.

A BILL to amend and reenact § 53.1-80 of the Code of Virginia, relating to state reimbursement of jail construction.

081521838

S.B. 601 Alcoholic beverages; changes penalty for underage possession.

Patron: Norment

Alcoholic beverages; underage possession.  Changes the penalty for possession of alcoholic beverages by a person under age 21 to a Class 2 misdemeanor (confinement in jail for not more than six months and a fine of not more than $1000, either or both) from a Class 1 misdemeanor (confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both).

A BILL to amend and reenact § 4.1-305 of the Code of Virginia, relating to underage possession of alcoholic beverages; penalty.

086527284

S.B. 633 Prisoners; notification of child support due.

Patron: Ticer

Prisoners; notification of child support due.  Requires the Department of Corrections, working in cooperation with the Division of Child Support Enforcement, to identify prisoners of whom child support payments are required pursuant to a court order and to determine (i) the amount of child support required of the prisoner pursuant to the order and (ii) the total amount of child support arrearages, including interest, owed by a prisoner upon intake, at regular intervals but at least annually thereafter, and no more than 30 days prior to discharge. This bill also requires the Department to provide notice to each prisoner of whom child support payments are required of their right to seek a modification of an order pursuant to which they may be obligated to pay child support. Such notice shall be provided at the time of intake and shall include information regarding the requirements and process for seeking a modification.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 2 of Title 53.1 a section numbered 53.1-31.2, relating to prisoners; notification of child support due.

083116304

S.B. 635 Alcoholic beverage control; alcohol content in prepared foods.

Patron: Ticer

Alcoholic beverage control; alcohol content in prepared foods.  Prohibits the Alcoholic Beverage Control Board from prohibiting an on-premises restaurant licensee from using alcoholic beverages that the licensee otherwise is authorized to purchase and possess for the purposes of preparing and selling for on-premises consumption food products with a final alcohol content of more than one-half of one percent by volume, as long as such food products are sold and consumed by persons who are 21 years of age or older.

A BILL to amend and reenact § 4.1-324 of the Code of Virginia, relating to alcoholic beverage control; alcohol content in prepared foods.

081782340

S.B. 669 Alcoholic beverage control; ABC agents check national criminal database for background checks.

Patron: Deeds

Alcoholic beverage control; application for licenses; criminal history checks.  Permits ABC agents to check the national criminal database when conducting background checks on prospective licensees.

A BILL to amend and reenact § 4.1-230 of the Code of Virginia, relating to alcoholic beverage control; applications for licenses; criminal history checks.

088649220