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2017 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Joanna Bolstad, E. Barton
Staff: David May, Sarah Stanton
Date of Meeting: January 13, 2017
Time and Place: 8:30 / Senate Room B

S.B. 810 Food stamp program; categorical eligibility.

Patron: Favola

Food stamp program; categorical eligibility. Requires the State Board of Social Services to establish broad-based categorical eligibility for the food stamp program, exempting families that already qualify for certain public assistance programs from an additional financial eligibility determination for food stamp benefits.

A BILL to amend and reenact § 63.2-801 of the Code of Virginia, relating to food stamp program; categorical eligibility.

17100627D

S.B. 830 Food stamps; eligibility to receive benefits if convicted of drug-related felonies.

Patron: Favola

Food stamp eligibility; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a first-time felony offense of possession with intent to distribute a controlled substance in violation of § 18.2-248, provided that he complies with all obligations imposed by the criminal court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings. Current law prohibits denial of such benefits only if such persons have been convicted of felony possession of a controlled substance.

A BILL to amend and reenact § 63.2-505.2 of the Code of Virginia, relating to food stamp eligibility; drug-related felonies.

17101064D

S.B. 838 Temporary Assistance for Needy Families Scholarship Pilot Program; DSS to establish and administer.

Patron: Stanley

Department of Social Services; Temporary Assistance for Needy Families Scholarship Pilot Program. Directs the Department of Social Services (the Department)to establish and administer a three-year Temporary Assistance for Needy Families (TANF) Scholarship Pilot Program (the Program) for the purpose of providing access to postsecondary educational opportunities to students living in poverty. The Program would provide prepaid scholarships to select community colleges in the amount of $2,000 per year, to be applied toward the costs of tuition and books, to 50 to 75 selected students who meet TANF eligibility requirements. The Program would be funded by the unexpended balance in federal TANF block grant funds. The bill directs the Commissioner of the Department of Social Services to report to the Governor and the General Assembly no later than December 1 of each year regarding the effectiveness of and other information about the Program.

A BILL to direct the Department of Social Services to establish the Temporary Assistance for Needy Families Scholarship Pilot Program.

17100683D

S.B. 850 Correctional Officer Procedural Guarantee Act; created.

Patron: Marsden

Correctional Officer Procedural Guarantee Act. Creates the Correctional Officer Procedural Guarantee Act to establish procedural guarantees for correctional officers when allegations are made against such officers involving matters that may lead to their dismissal, demotion, suspension, or transfer for punitive reasons.

A BILL to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 5.1, consisting of sections numbered 9.1-508 through 9.1-511, relating to creation of Correctional Officer Procedural Guarantee Act.

17100300D

S.B. 851 Weekend jail time; replaces the provision limiting nonconsecutive days.

Patron: Stanley

Weekend jail time. Replaces the provision limiting nonconsecutive days in jail for the purpose of allowing the defendant to retain gainful employment with a good cause standard and allows the court to sentence the defendant to nonconsecutive days in jail only if the active portion of the sentence remaining to be served is 90 days or less. If there is no objection from the Commonwealth, the court may sentence felons to nonconsecutive days in jail if the felony was not an act of violence as defined in § 19.2-297.1.

A BILL to amend and reenact § 53.1-131.1 of the Code of Virginia, relating to nonconsecutive jail days.

17101333D

S.B. 868 Child protective services; investigation of complaints of child abuse or neglect.

Patron: Favola

Child protective services; investigation of complaints of child abuse or neglect where child is one year of age or younger. Requires local departments of social services to investigate all reports and complaints that allege suspected abuse or neglect of a child one year of age or younger.

A BILL to amend and reenact §§ 63.2-1503 and 63.2-1508 of the Code of Virginia, relating to child-protective services; investigation of complaints of child abuse or neglect where child is one year of age or younger.

17100860D

S.B. 876 Kinship Guardianship Assistance program.

Patron: Favola

Kinship Guardianship Assistance program. Creates the Kinship Guardianship Assistance program (the program) to facilitate child placements with relatives and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. The bill sets forth eligibility criteria for the program, payment allowances to kinship guardians, and requirements for kinship guardianship assistance agreements. The bill also requires the Board of Social Services to promulgate regulations for the program.

A BILL to amend and reenact §§ 63.2-100 and 63.2-905 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1305, relating to Kinship Guardianship Assistance program.

17102201D

S.B. 897 Child care providers; criminal history background check; penalty.

Patron: Wexton

Child care providers; criminal history background check; penalty. Requires the following individuals to undergo a fingerprint-based national criminal history background check:(i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or approval as a family day home by a family day system, as well as their agents and any adult living in such family day home; and (iii) individuals who apply for or enter into a contract with the Department of Social Services under which a child day center, family day home, or child day program will provide child care services funded by the Child Care and Development Block Grant, as well as the applicant's current or prospective employees and volunteers, agents, and any adult living in the child day center or family day home. The bill also mandates that all background checks required pursuant to §§ 63.2-1720.1 and 63.2-1721.1 of the Code of Virginia be completed by September 30, 2017, or by the date specified on any federal waiver obtained by the Commonwealth, and every five years thereafter.

A BILL to amend and reenact §§ 63.2-1720 through 63.2-1721.1, as they shall become effective, 63.2-1722, 63.2-1724, and 63.2-1725 of the Code of Virginia, relating to child care providers; criminal history background check; penalty.

17100203D

S.B. 933 DCJS training; jail officers; mental health first aid.

Patron: Favola

DCJS training; jail officers; mental health first aid. Requires that the compulsory training standards established by the Department of Criminal Justice Services for persons employed as deputy sheriffs and jail officers by local criminal justice agencies include annual training in mental health first aid.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to Department of Criminal Justice Services training; jail officers; mental health first aid.

17101846D

S.B. 940 Mental health screening of prisoners at local correctional facilities.

Patron: Cosgrove

Mental health screening of prisoners at local correctional facilities. Requires that the staff of a local or regional correctional facility screen persons admitted to the facility for mental illness using a scientifically validated instrument designated by the Commissioner of Behavioral Health and Developmental Services. The bill provides that if the screening indicates that a person may have a mental illness, an assessment of his need for mental services shall be conducted within 72 hours of the time of the screening by a qualified mental health professional.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-126.1, relating to mental health screening of prisoners at local correctional facilities.

17101438D

S.B. 941 Forensic discharge planning services; local and regional correctional facilities.

Patron: Cosgrove

Forensic discharge planning services; local and regional correctional facilities. Directs the Commissioner of Behavioral Health and Developmental Services, in conjunction with the relevant stakeholders, to develop a comprehensive plan, by November 1, 2017, for the provision of forensic discharge planning services at local and regional correctional facilities for persons who have serious mental illnesses who are to be released from such facilities.

A BILL to direct the Commissioner of Behavioral Health and Developmental Services to develop a comprehensive plan for provision of forensic discharge planning services at local and regional correctional facilities.

17101440D

S.B. 942 Deaths of inmates in local correctional facilities; review by State Board of Corrections.

Patron: Cosgrove

Deaths of inmates in local correctional facilities; review by State Board of Corrections. Authorizes the State Board of Corrections (Board) to conduct a review of the death of any inmate in a local or regional correctional facility in order to determine the circumstances surrounding the inmate's death and whether the facility was in compliance with the Board's regulations. The bill provides that any review shall be performed by Department of Corrections (Department) staff designated by the Board and requires the Board to submit a report of the findings of a completed investigation to the Governor, the General Assembly, and the Department.

A BILL to amend and reenact § 53.1-127 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 53.1-69.1, relating to deaths of inmates in local correctional facilities; review by the Board of Corrections.

17101442D

S.B. 971 Alcoholic beverage control; purchase of wine by restaurant from retailer.

Patron: DeSteph

Alcoholic beverage control; purchase of wine by restaurant from retailer. Allows restaurant licensees to purchase for resale and sell wine purchased from a retailer licensed to sell such wine for off-premises consumption.

A BILL to amend and reenact § 4.1-201 of the Code of Virginia, relating to alcoholic beverage control; purchase of wine by restaurant from retailer.

17101904D

S.B. 1008 Criminal history records checks; barrier crimes.

Patron: Hanger

Criminal history records checks; barrier crimes. Clarifies the individual crimes that constitute a barrier for (i) individuals seeking employment at nursing homes, home care organizations, hospices, state facilities, and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; (ii) applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; (iii) individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; (iv) foster and adoptive homes seeking approval from child-placing agencies; and (v) providers of adult services and adult foster care seeking approval by the Department of Social Services. The bill provides further that in all cases, in addition to convictions for any barrier crime, pending charges for and findings of not guilty by reason of insanity of any barrier crime also constitute such a barrier. The bill also adds certain offenses to the list of barrier crimes.

A BILL to amend and reenact §§ 15.2-914, 16.1-333.1, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 37.2-416, 37.2-506, 63.2-901.1, 63.2-1601.1, 63.2-1717, 63.2-1719, 63.2-1720, as it is currently effective and as it shall become effective, 63.2-1720.1, as it shall become effective, 63.2-1721, as it is currently effective and as it shall become effective, 63.2-1721.1, as it shall become effective, and 63.2-1722 through 63.2-1726 of the Code of Virginia, relating to criminal history record checks; barrier crimes.

17100081D

S.B. 1063 State Board of Corrections; membership; powers and duties; inmate death investigations.

Patron: Deeds

State Board of Corrections; membership; powers and duties; inmate death investigations. Requires the State Board of Corrections (Board) to develop and implement policies and procedures for the investigation of the death of any inmate that occurs in any local, regional, or community correctional facility. The bill requires that the State Department of Health and the Office of the Chief Medical Examiner assist the Board in developing and implementing these policies and procedures and with any death investigation undertaken by the Board. The bill also specifies requisite qualifications for individuals appointed to the Board.

A BILL to amend and reenact §§ 32.1-19, 32.1-279, 53.1-2, and 53.1-5 of the Code of Virginia, relating to the State Board of Corrections; membership; powers and duties; inmate death investigations.

17102162D

S.B. 1086 In utero exposure to a controlled substance.

Patron: Wexton

In utero exposure to a controlled substance. Requires local departments of social services to collect information during a family assessment to determine whether the mother of a child who was exposed in utero to a controlled substance sought substance abuse counseling or treatment prior to the child's birth. The bill requires mandated reporters of suspected child abuse or neglect to make a report if they have reason to believe that a child was exposed in utero to a controlled substance or affected by such exposure. Under current law, mandated reporters are required to report such suspicions only if the controlled substance was not prescribed to the mother by a physician.

A BILL to amend and reenact §§ 63.2-1505, 63.2-1506, and 63.2-1509 of the Code of Virginia, relating to in utero exposure to a controlled substance.

17101353D

S.B. 1122 Applicants for public assistance; contact information.

Patron: McPike

Applicants for public assistance; contact information. Requires local departments of social services to collect from every applicant for public assistance alternative contact information, such as the applicant's email address and cell phone number, and the applicant's preferred method of contact, including direct mail, email, text message, or phone call. Under current law, local departments of social services are only required to obtain the applicant's best available address and telephone number.

A BILL to amend and reenact § 63.2-501.1 of the Code of Virginia, relating to applicants for public assistance; contact information.

17102803D

S.B. 1146 Costs of medical treatment; jail inmates.

Patron: DeSteph

Costs of medical treatment; jail inmates. Provides that no sheriff or jail superintendent or locality is responsible for payment of the cost of medical treatment of an inmate's pre-existing condition. Under current law, the sheriff, jail superintendent, or locality is responsible for payment of the cost of medical treatment for such inmate's pre-existing condition if that condition is a communicable disease, serious medical need, or life-threatening condition. The bill provides that adequate medical treatment shall not be withheld due to an inmate's inability to pay.

A BILL to amend and reenact § 53.1-126 of the Code of Virginia, relating to costs of medical treatment; jail inmates.

17101362D

S.B. 1149 Virginia Initiative for Employment Not Welfare; transitional support services; time limit.

Patron: Favola

Virginia Initiative for Employment Not Welfare; transitional support services; time limit. Extends from 12 months to 24 months the amount of time a Virginia Initiative for Employment Not Welfare participant whose Temporary Assistance for Needy Families financial assistance has been terminated can receive transitional support services, provided the participant is enrolled in an accredited public institution of higher education or other postsecondary school licensed or certified by the Board of Education or the State Council of Higher Education and is taking courses as part of a curriculum that leads to a postsecondary credential, such as a degree or an industry-recognized credential, certification, or license. The bill provides that such transitional support services shall terminate when the participant completes his curriculum at such institution or school or is otherwise no longer enrolled in such institution or school, or at the end of 24 months, whichever comes first. The bill directs the Board of Social Services to promulgate regulations to implement the provisions of the bill.

A BILL to amend and reenact § 63.2-611 of the Code of Virginia, relating to Virginia Initiative for Employment Not Welfare; transitional support services; time limit.

17101506D

S.B. 1152 Juvenile offenders; parole.

Patron: Marsden

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentence, or any person who has active sentences that total more than 20 years for a single or multiple felony offenses committed while that person was a juvenile and who has served at least 20 years of such sentences, shall be eligible for parole.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole eligibility for certain offenders convicted of felony offense committed while juveniles.

17101174D

S.B. 1164 Child-protective services; complaints involving members of the United States Armed Forces.

Patron: Reeves

Child-protective services; complaints involving members of the United States Armed Forces. Requires local departments of social services to transmit information regarding reports, complaints, family assessments, and investigations involving children of active duty members of the United States Armed Forces or members of their household to family advocacy representatives of the United States Armed Forces. Under current law, local departments of social services may transmit such information, but are only required to transmit information regarding founded complaints or family assessments.

A BILL to amend and reenact § 63.2-1503 of the Code of Virginia, relating to child-protective services; complaints involving members of the United States Armed Forces.

17101512D

S.B. 1191 Assisted living facilities; cap on civil penalties.

Patron: Sturtevant

Assisted living facilities; cap on civil penalties. Increases the aggregate amount of civil penalties that the Commissioner of the Department of Social Services may assess against an assisted living facility for noncompliance with the terms of its license from $10,000 per 24-month period to $10,000 per 12-month period.

A BILL to amend and reenact § 63.2-1709.2 of the Code of Virginia, relating to assisted living facilities; cap on civil penalties.

17100546D