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2018 SESSION

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Senate Committee on Rehabilitation and Social Services

Chairman: Bryce E. Reeves

Clerk: Maryann Horch
Staff: David May, Sarah Stanton
Date of Meeting: January 12, 2018
Time and Place: 8:30 a.m. Senate Committee Room, Pocahontas

S.B. 36 Weekend jail time; replaces provision limiting nonconsecutive days.

Patron: Stanley

Weekend jail time. Allows courts, for good cause and absent objection by the Commonwealth, to impose nonconsecutive or weekend jail time for defendants convicted of a misdemeanor, traffic offense, any offense under Chapter 5 (§ 20-61 et seq.) of Title 20, or felony that is not an act of violence as defined in § 19.2-297.1, provided that the active portion of the sentence remaining to be served is 90 days or less. Under current law, the imposition of nonconsecutive or weekend jail time is limited to defendants convicted of a misdemeanor, traffic offense, or any offense under Chapter 5 (§ 20-61 et seq.) of Title 20.

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

18100250D

S.B. 43 Abused or neglected child; expands definition.

Patron: Favola

Abused or neglected child; definition. Expands the definition of "abused or neglected child" to include any child whose parent or caregiver, by other than accidental means, exposes the child to a traumatic event that results in harm to the child's psychological or emotional health or development.

A BILL to amend and reenact § 63.2-100 of the Code of Virginia, relating to abused or neglected child; definition.

18100306D

S.B. 44 Kinship Guardianship Assistance program; established.

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.

18100496D

S.B. 61 Alcoholic beverage control; creates confectionery license.

Patron: Favola

Alcoholic beverage control; confectionery license. Creates a confectionery license, which authorizes the licensee to prepare and sell confectionery that contains five percent or less alcohol by volume. The bill establishes state and local fees for confectionery licenses and provides that in no event shall the sale of confectionery containing alcohol exceed 10 percent of the total annual gross sales of all confectionery and other food.

A BILL to amend and reenact §§ 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; confectionery license.

18100343D

S.B. 89 Child abuse or neglect; civil proceedings, testimony of children.

Patron: Surovell

Civil proceedings involving child abuse or neglect; testimony of children. Adds proceedings involving family abuse protective orders to the list of civil proceedings involving alleged abuse and neglect of a child for which a court may order that the testimony of certain child victims or witnesses be taken outside the courtroom via two-way closed-circuit television.

A BILL to amend and reenact § 63.2-1521 of the Code of Virginia, relating to civil proceedings involving child abuse or neglect; testimony of children.

18100993D

S.B. 93 Parole, eligibility for; at liberty between offenses.

Patron: Surovell

Eligibility for parole; at liberty between offenses. Provides that a person convicted of three separate felony offenses of murder, rape, or robbery by the presenting of firearms or other deadly weapon, or any combination of such offenses, shall be eligible for parole unless that person was at liberty between the three convictions and used a weapon during the commission of each offense. Under current law, such a person convicted of three separate felony offenses is ineligible for parole regardless of liberty status between offenses and the use of a weapon during the commission of each offense.

A BILL to amend and reenact § 53.1-151 of the Code of Virginia, relating to eligibility for parole; at liberty between offenses.

18101352D

S.B. 120 Virginia Institutions of Higher Education Substance Use Advisory Committee; established.

Patron: Favola

Alcoholic beverage control; substance abuse prevention; Virginia Institutions of Higher Education Substance Use Advisory Committee established. Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority (Board) to establish and appoint members to the Virginia Institutions of Higher Education Substance Use Advisory Committee (Advisory Committee). The bill provides that the goal of the Advisory Committee shall be to develop and update a statewide strategic plan for substance use education, prevention, and intervention at Virginia's public and private institutions of higher education. The bill provides that the Advisory Committee shall consist of representatives from Virginia's public and private institutions of higher education, including students and directors of student health, and such other members as the Board may deem appropriate.

A BILL to amend and reenact § 4.1-103.02 of the Code of Virginia, relating to alcoholic beverage control; substance abuse prevention; Virginia Institutions of Higher Education Substance Use Advisory Committee established.

18101325D

S.B. 121 Child care providers; criminal history background check, repeals sunset and contingency.

Patron: Wexton

Child care providers; criminal history background check; repeal sunset and contingency. Repeals the expiration date and contingency on the requirement that the following individuals undergo fingerprint-based national criminal history background checks: (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 of 2014, 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.

A BILL to repeal the fourth and fifth enactments of Chapter 189 and the fourth and fifth enactments of Chapter 751 of the Acts of Assembly of 2017, relating to child care providers; criminal history background check; repeal sunset and contingency.

18100999D

S.B. 156 Guardians, licensed physician, etc.; annual reports.

Patron: Edwards

Annual reports by guardians; report by licensed physician, licensed psychologist, or other licensed professional. Provides that the annual report that is required to be filed by a guardian with the local department of social services must also include a report by a licensed physician, licensed psychologist, or other licensed professional who has examined the incapacitated person no more than 90 days prior to the end of the applicable reporting period. The bill further provides that a court may issue a summons or motion to show cause why the guardian has not filed a timely annual report upon notification from the local department of social services that such report has not been filed.

A BILL to amend and reenact § 64.2-2020 of the Code of Virginia, relating to annual reports by guardians; report by licensed physician, licensed psychologist, or other licensed professional.

18101381D

S.B. 174 Alcoholic beverage control; wine wholesaler, primary area of responsibility.

Patron: Stanley

Alcoholic beverage control; wine wholesaler; primary area of responsibility. Removes the provision that describes the "primary area of responsibility" of a wine wholesaler that enters into an agreement with a winery to sell its wine in a certain sales territory.

A BILL to amend and reenact § 4.1-404 of the Code of Virginia, relating to alcoholic beverage control; wine wholesaler; primary area of responsibility.

18101253D

S.B. 178 Temporary delegation of parental or legal custodial powers; child-placing agency.

Patron: Stanley

Temporary delegation of parental or legal custodial powers; child-placing agency. Allows a parent or legal custodian of a minor to delegate to another person by a properly executed power of attorney any powers regarding care, custody, or property of the minor for a period not exceeding one year. The bill provides that a parent or legal custodian who is a service member, as defined in the bill, may delegate such powers for a period of longer than a year while on active duty service, but specifies that such a period is not to exceed such active duty service plus 30 days. The bill also exempts from the requirement to obtain a license as a child-placing agency a private, nonprofit organization that does not accept public funds and that assists parents with the process of delegating parental or legal custodial powers of their children, including assistance with identifying appropriate placements for their children, or that provides services and resources to support parents and legal guardians to whom custody has been transferred pursuant to a temporary delegation of parental or legal custodial powers.

A BILL to amend and reenact §§ 63.2-100 and 63.2-1715 of the Code of Virginia and to amend the Code of Virginia by adding in Title 20 a chapter numbered 10, consisting of sections numbered 20-166 and 20-167, relating to delegation of parental or legal custodial powers; child-placing agency.

18103062D

S.B. 182 Child abuse or neglect; extension of hearings to review findings by local depts. of social services.

Patron: Favola

Extensions of hearings to review findings by local departments of social services related to child abuse or neglect. Provides that a person who appeals a determination by a local department of social services related to child abuse or neglect to a hearing officer designated by the Commissioner of Social Services may request a maximum of two extensions of the hearing upon a showing of compelling reasons to justify the extensions, which shall not exceed 90 days after the date on which the hearing was first scheduled to be held.

A BILL to amend and reenact § 63.2-1526 of the Code of Virginia, relating to extensions of hearings to review findings by local departments of social services related to child abuse or neglect.

18101336D

S.B. 183 Child abuse and neglect; notice of founded reports to Superintendent of Public Instruction.

Patron: Favola

Child abuse and neglect; notice of founded reports to Superintendent of Public Instruction. Requires local departments of social services to notify the Superintendent of Public Instruction without delay when an individual holding a license issued by the Board of Education is the subject of a founded complaint of child abuse or neglect.

A BILL to amend and reenact § 63.2-1503 of the Code of Virginia, relating to child abuse and neglect; notice of founded reports to Superintendent of Public Instruction.

18101322D

S.B. 184 Child abuse and neglect; founded reports regarding former school employees.

Patron: Favola

Child abuse and neglect; founded reports regarding former school employees. Requires local departments of social services to notify the appropriate school board without delay if the subject of a founded complaint of child abuse or neglect was, at the time of the investigation or the conduct that led to the report, an employee of a school division located within the Commonwealth. Currently, such reporting is only required if the subject of the complaint is an employee of a school division at the time the complaint is determined to be founded.

A BILL to amend and reenact § 63.2-1505 of the Code of Virginia, relating to child abuse and neglect; founded reports regarding former school employees.

18101321D

S.B. 203 Food stamp eligibility; 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 more than one-half ounce but not more than five pounds of marijuana, 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.

18102659D

S.B. 204 TANF; eligibility, drug-related felonies.

Patron: Favola

Eligibility for TANF; drug-related felonies. Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families (TANF) shall not be denied assistance solely because he has been convicted of a first-time felony offense of possession of a controlled substance, provided that he complies with all obligations imposed by the court and the Department of Social Services, is actively engaged in or has completed a substance abuse treatment program, and participates in drug screenings. The bill provides that a person who fails or refuses to participate in periodic drug testing or who tests positive for the use of illegal substances shall be ineligible to receive TANF benefits for a period of 12 months; however, such person is given one opportunity during the 12-month period to comply with the testing requirement and be reinstated to eligibility for TANF benefits.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-607.1, relating to TANF eligibility; drug-related felonies.

18102662D

S.B. 233 Alcoholic beverage control; point-of-sale advertising limit.

Patron: Hanger

Alcoholic beverage control; point-of-sale advertising limit. Increases from $40 to $99 the amount per item a manufacturer or its authorized vendor and a wholesale wine and beer licensee may lend, buy for, or give to a retail licensee for alcoholic beverage advertising material.

A BILL to amend and reenact § 4.1-216.1 of the Code of Virginia, relating to alcoholic beverage control; point-of-sale advertising limit.

18101993D

S.B. 239 Juvenile offenders; parole.

Patron: Marsden

Juvenile offenders; parole. Provides that any person sentenced to a term of life imprisonment for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentence, and any person who has active sentences that total more than 25 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served at least 25 years of such sentences, shall be eligible for parole.

A BILL to amend and reenact §§ 19.2-387, 19.2-389, 19.2-391, 53.1-136, and 53.1-165.1 of the Code of Virginia, relating to juvenile offenders; parole.

18103249D

S.B. 267 Sexually violent predators; assessment protocol.

Patron: Howell

Sexually violent predators; assessment protocol. Provides that each month the Director of the Board of Corrections (the Director) shall review a database of prisoners convicted of sexually violent offenses and, using an assessment protocol approved by the Director and the Commissioner of Behavioral Health and Developmental Services (the Commissioner), identify all such prisoners who appear to meet the definition of a sexually violent predator and are scheduled for release from prison within 24 months from the date of such review. Current law specifies that the assessment protocol to be used is the Static-99 or a comparable, scientifically validated instrument designated by the Commissioner.

A BILL to amend and reenact § 37.2-903 of the Code of Virginia, relating to sexually violent predator; assessment protocol.

18103192D

S.B. 296 Medical and mental health treatment of prisoners incapable of giving consent.

Patron: Edwards

Medical and mental health treatment of prisoners incapable of giving consent. Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment.

A BILL to amend and reenact §§ 17.1-406, 17.1-410, and 37.2-803 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 53.1 sections numbered 53.1-133.04 and 53.1-133.05, relating to medical and mental health treatment of prisoners incapable of giving consent.

18104397D

S.B. 306 Alcoholic beverage control; sales by brewery on licensed premises.

Patron: McDougle

Alcoholic beverage control; sales by brewery on licensed premises. Requires brewery licensees, in order to sell at retail the brands of beer that the brewery owns, to have on premises the equipment necessary to manufacture not less than three barrels of beer simultaneously and requires that at least 20 percent of the beer sold for on-premises consumption be manufactured on the licensed premises.

A BILL to amend and reenact § 4.1-208 of the Code of Virginia, relating to alcoholic beverage control; sales by brewery on licensed premises.

18101340D

S.B. 342 Compensation of local jails for costs of incarceration.

Patron: Peake

Compensation of local jails for costs of incarceration. Provides that a jail be compensated for the housing of a convicted felon based on the actual costs of incarceration and that a felon not be moved to a jail until an agreement to pay actual costs has been reached between the Department of Corrections and the locality or regional authority. Current law requires that jails be compensated as provided for in the general appropriation act.

A BILL to amend and reenact § 53.1-20.1 of the Code of Virginia, relating to compensation of local jails for cost of incarceration.

18102848D

S.B. 382 Alcoholic beverage control; delivery of wine or beer to retail licensee; wholesaler requirement.

Patron: Chafin

Alcoholic beverage control; delivery of wine or beer to retail licensee; wholesaler requirement. Requires that before any wine or beer may be delivered to a retail licensee for resale, such wine or beer must first be delivered to the licensed premises of a wine or beer wholesaler, unloaded from the transporting vehicle, kept on the licensed premises of the wholesaler for not less than four hours prior to reloading on a vehicle, and recorded in the wholesaler's inventory.

A BILL to amend the Code of Virginia by adding a section numbered 4.1-310.1, relating to alcoholic beverage control; delivery of wine or beer to retail licensee; wholesaler requirement.

18101341D