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2020 SESSION

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Date of Meeting: January 24, 2020
Time and Place: 8:00 AM Senate Room A, Update: Time Change
Update: Time Change

S.B. 196 Alcoholic beverage control; food-to-beverage ratio.

Patron: Cosgrove

Alcoholic beverage control; food-to-beverage ratio. Provides an alternative to the food-to-beverage ratio for mixed beverage restaurant licensees by allowing such licensees to meet applicable food sale requirements by demonstrating at least $10,000 in monthly food sales.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; food-to-beverage ratio.

20102825D

S.B. 215 Inmates; review of death in local correctional facilities, report.

Patron: Suetterlein

Review of death of inmates in local correctional facilities; report. Provides that the Board of Corrections shall publish, on its website, an annual report summarizing the jail death reviews conducted by the Board within that year. The bill provides that such report shall include any trends or similarities among the deaths of inmates in local correctional facilities and present recommendations on policy changes to reduce the number of deaths in local correctional facilities.

A BILL to amend and reenact § 53.1-69.1 of the Code of Virginia, relating to review of death of inmates in local correctional facilities; report.

20101821D

S.B. 414 Alcoholic beverage control; limited distiller's license, allowable gallonage.

Patron: Deeds

Alcoholic beverage control; limited distiller's license; allowable gallonage. Removes the provision that limits limited distiller licensees to manufacturing a maximum of 36,000 gallons of spirits per year.

A BILL to amend and reenact § 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; limited distiller's license; allowable gallonage.

20104715D

S.B. 496 Alcoholic beverage control; agritourism resorts.

Patron: Edwards

Alcoholic beverage control; agritourism resorts. Allows agritourism resorts, as defined in the bill, to obtain a mixed beverage restaurant license, which authorizes such resorts to (i) sell alcoholic beverages for on-premises consumption, without regard to the amount of gross receipts from the sale of food prepared and consumed on the premises, in areas upon the licensed premises approved by the Board of Directors of the Virginia Alcoholic Beverage Control Authority and other designated areas of the resort, including outdoor areas under the control of the licensee; and (ii) permit the possession and consumption of lawfully acquired alcoholic beverages by persons to whom overnight lodging is being provided in bedrooms and private guest rooms. The bill also allows agritourism resorts to obtain a combined mixed beverage restaurant and caterer's license, which authorizes the licensee to operate as both a mixed beverage restaurant and mixed beverage caterer at the same business premises designated in the license, with a common alcoholic beverage inventory for purposes of the restaurant and catering operations.

A BILL to amend and reenact §§ 4.1-100 and 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; agritourism resort.

20105126D

S.B. 497 Alcoholic beverage control; mixed beverage restaurant license, mini bottles.

Patron: Edwards

Alcoholic beverage control; mixed beverage restaurant license; mini bottles. Allows mixed beverage restaurant licensees located on the premises of and operated by a private, nonprofit, or profit club to sell spirits packaged in original closed containers with a maximum capacity of two fluid ounces or 50 milliliters for on-premises consumption.

A BILL to amend and reenact § 4.1-210 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage restaurant license; mini bottles.

20105125D

S.B. 498 Alcoholic beverage control; expands definition of resort complex.

Patron: Edwards

Alcoholic beverage control; definition of resort complex. Expands the definition of "resort complex" to include facilities that (i) are operated by a corporation that operates as a management company which, as its primary function, makes available golf, ski, and other recreational facilities to its members and the general public and (ii) have a minimum of 140 private guest rooms or dwelling units contained on not less than 50 acres. Such facilities will be permitted to obtain a mixed beverage restaurant, on-premises wine and beer, or on-and-off-premises wine and beer license.

A BILL to amend and reenact § 4.1-100 of the Code of Virginia, relating to alcoholic beverage control; definition of resort complex.

20104017D

S.B. 507 Local correctional facilities; appeals of noncompliance determinations.

Patron: Deeds

Local correctional facilities; appeals of noncompliance determinations by the State Board of Corrections. Requires the State Board of Corrections, upon determining that a local correctional facility is not in compliance with the minimum standards for construction, equipment, administration, or operation of local correctional facilities, to provide written notice of such determination to the local correctional facility. The bill allows local correctional facilities to appeal such determinations by the Board and sets forth certain requirements for such appeals.

A BILL to amend the Code of Virginia by adding a section numbered 53.1-69.2, relating to local correctional facilities; appeals of noncompliance determinations by the State Board of Corrections.

20105128D

S.B. 622 Corrections, State Board of; renamed as State Board of Local and Regional Jails, powers and duties.

Patron: Deeds

State Board of Corrections; rename as the State Board of Local and Regional Jails; powers and duties. Authorizes the Director of the Department of Corrections to develop and establish operating procedures to maintain prisoners residing in state correctional facilities and under the supervision of Department of Corrections probation and parole, including establishing regulations for human research, prescribing rules to govern home/electronic incarceration programs, and prescribing rules regarding the wages paid to persons participating in programs under the supervision of probation and parole. The bill also renames the State Board of Corrections as the State Board of Local and Regional Jails (the Board); authorizes the Board to appoint and employ an executive director; and requires the Board to report annually to the General Assembly and the Governor on the results of inspections and audits of local, regional, or community correctional facilities and the reviews of the deaths of inmates that occur in any local, regional, or community correctional facility.

A BILL to amend and reenact §§ 2.2-507, 2.2-3711, 15.2-1615, 16.1-249, 16.1-269.5, 16.1-309.9, 19.2-354, 53.1-1, 53.1-2, 53.1-5, 53.1-6, 53.1-8, 53.1-10, 53.1-18, 53.1-19, 53.1-24, 53.1-30, 53.1-31, 53.1-32, 53.1-32.01, 53.1-32.1, 53.1-37, 53.1-39, 53.1-42, 53.1-43, 53.1-60, 53.1-63, 53.1-63.1, 53.1-67.4, 53.1-67.5, 53.1-95.20, 53.1-106, 53.1-131, 53.1-131.2, 53.1-133.01, 53.1-133.03, 53.1-145, 53.1-150.1, 53.1-154.1, 53.1-164, 53.1-178, 53.1-179, 53.1-189, 53.1-191, 53.1-199, 53.1-200, 53.1-202.4, 53.1-228.1, 53.1-262, and 53.1-266 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 53.1-6.1, and to repeal §§ 53.1-5.1 and 53.1-15 of the Code of Virginia, relating to the State Board of Corrections; rename as State Board of Local and Regional Jails; powers and duties.

20102832D

S.B. 656 Offender medical and mental health information and records; exchange of information to facility.

Patron: Boysko

Exchange of offender medical and mental health information and records. Provides that a health care provider who has been notified that a person to whom he has provided services is committed to a local or regional correctional facility must disclose to the person in charge of the facility any information necessary and appropriate for the continuity of care of the person committed. The bill also provides protection from civil liability for such health care provider, absent bad faith or malicious intent.

A BILL to amend and reenact § 53.1-133.03 of the Code of Virginia, relating to exchange of offender medical and mental health information and records.

20103294D

S.B. 675 Child care providers; fingerprint-based criminal background checks, repeals sunset.

Patron: Mason

Child care providers; fingerprint-based criminal background checks; sunset and contingency expiration. Repeals the sunset and contingency expiration of 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 due to its operation by a religious institution, 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 agents of such applicants 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 Act, 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 of the Acts of the Assembly of 2017, as amended by Chapters 146 and 278 of the Acts of the Assembly of 2018, and to repeal the fourth and fifth enactments of Chapter 751 of the Acts of the Assembly of 2017, as amended by Chapters 146 and 278 of the Acts of the Assembly of 2018, relating to child care providers; fingerprint-based criminal background check; sunset and contingency.

20102501D

S.B. 688 Alcoholic beverage control; distillers' licenses, remote stores and tasting rooms.

Patron: Vogel

Alcoholic beverage control; distillers' licenses; remote stores and tasting rooms. Allows a licensed distiller who operates a government store for the sale of spirits to (i) conduct tastings and (ii) sell spirits for off-premises consumption at four additional locations designated in the license.

A BILL to amend and reenact §§ 4.1-119, as it is currently effective and as it shall become effective, and 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; distillers' licenses; remote stores and tasting rooms.

20103880D

S.B. 689 Alcoholic beverage control; privileges of local special events licensees.

Patron: Vogel

Alcoholic beverage control; privileges of local special events licensees. Allows a local special events license to be issued to a local historic district that has been designated by a locality. The bill removes the provision limiting local special events licenses to only 12 special events per year.

A BILL to amend and reenact § 4.1-206 of the Code of Virginia, relating to alcoholic beverage control; privileges of local special events licensees.

20103887D

S.B. 715 TANF; feminine hygiene products.

Patron: McClellan

TANF; feminine hygiene products. Requires the Board of Social Services to provide monthly payments for feminine hygiene products in the amount of $10 to each female who is at least 10 years of age but not older than 55 years of age and is considered part of the Temporary Assistance for Needy Families (TANF) public assistance unit. The bill also allows such payments to be made to females who are younger than 10 years of age or older than 55 years of age upon written certification by a licensed physician that the female has a need for feminine hygiene products.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-615.1, relating to TANF; feminine hygiene products.

20104304D

S.B. 748 Offender medical and mental health information and records; exchange of information to facility.

Patron: Hanger

Exchange of offender medical and mental health information and records. Provides that a health care provider who has been notified that a person to whom he has provided services is committed to a local or regional correctional facility must disclose to the person in charge of the facility any information necessary and appropriate for the continuity of care of the person committed. The bill also provides protection from civil liability for such health care provider, absent bad faith or malicious intent.

A BILL to amend and reenact § 53.1-133.03 of the Code of Virginia, relating to exchange of offender medical and mental health information and records.

20105322D

S.B. 837 Corrections Private Management Act; name change, private management prohibited.

Patron: Ebbin

Corrections Private Management Act; name change; private management prohibited. Removes the authority of the Director of the Department of Corrections pursuant to the Corrections Private Management Act (the Act) to enter into contracts with prison contractors for the operation of prison facilities, including management, custody of inmates, and provision of security. The bill does not affect the Director's authority pursuant to the Act, renamed by the bill the Corrections Private Services Act, to enter into private contracts for other correctional services, including those related to food service, medical care, transportation, sanitation, information systems, education and training programs, recreational or religious activities, financing, construction, or maintenance. The bill has a delayed effective date of July 1, 2023.

A BILL to amend and reenact §§ 2.2-1837, 2.2-3703, 8.01-195.10, 8.01-690, 53.1-1, 53.1-31.1, 53.1-261, 53.1-262, and 53.1-265 of the Code of Virginia and to repeal §§ 53.1-263, 53.1-264, and 53.1-266 of the Code of Virginia, relating to Corrections Private Management Act; name change; private management prohibited.

20102321D

S.B. 1023 Correctional facilities, local and state; visitation and search policies for visitors.

Patron: Peake

Local and state correctional facilities; visitation. Sets visitation and search policies for visitors to local and state correctional facilities, including the circumstances under which visits may include or exclude personal contact. Searches of the person are not allowed on persons under 18 years of age and visitors will not be barred from future visits if they (i) stop a search prior to the discovery of contraband or (ii) refuse to be searched.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 53.1 a section numbered 53.1-1.2, relating to state and local correctional facilities; visitation policies.

20104649D

S.B. 1024 Detector canines and detector canine handlers; training and database.

Patron: Peake

Detector canines and detector canine handlers; training and database. Requires the Department of Criminal Justice Services to establish compulsory minimum training standards for detector canine handlers employed by state and local law-enforcement agencies, standards for the training and retention of canines used by such agencies, and a state and local database on the performance and effectiveness of detector canines. The bill requires that law-enforcement personnel comply with such requirements.

A BILL to amend and reenact § 9.1-102 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 9.1-114.2, relating to powers and duties of Board and Department of Criminal Justice Services; detector canines and handlers.

20105386D

S.B. 1033 Juvenile community correctional centers and facilities; establishment, placement of juveniles.

Patron: Locke


Juvenile community correctional centers and facilities; establishment; placement of juveniles. Changes the term "juvenile correctional centers and facilities" to "juvenile community correctional centers and facilities." The bill further provides that any juvenile community correctional center established after July 1, 2020, shall (i) be located within a locality in which at least five percent of all juvenile commitments occur statewide, using an average of the rate of commitments of the three most recent consecutive years, and (ii) be designed to confine 30 juveniles or fewer. The bill also states that the Department of Juvenile Justice shall place children at the juvenile community correctional center located closest to their primary residence and within one hour of such residence via motor vehicle and within one and one-half hours of such residence via public transportation. If such placement is not available, the Department shall use an alternative placement that is closest to the juvenile's primary residence, such as a local juvenile detention center. Under current law, the Department may place such children at such facilities as are available.

A BILL to amend and reenact §§ 2.2-1837, 2.2-3007, 8.01-195.10, 9.1-801, 9.1-903, 16.1-249, 16.1-269.1, 16.1-285.1, 16.1-285.2, 16.1-309.4, 16.1-322.5, 16.1-322.6, 18.2-48.1, 18.2-431.1, 18.2-473, 18.2-473.1, 18.2-474, 18.2-474.1, 18.2-477.2, 22.1-209.1:2, 22.1-289, 29.1-317, 51.1-212, 66-3, 66-10, 66-13, 66-13.1, 66-18, 66-22.1, 66-25.1:1, 66-25.1:3, 66-25.2:1, 66-25.3, 66-25.4, 66-25.6, and 66-25.7 of the Code of Virginia, relating to juvenile community correctional centers and facilities; establishment; placement of juveniles.

20104653D

S.B. 1089 State correctional facilities; strip searches of those entering.

Patron: Morrissey

Visiting state correctional facilities; strip searches of those entering. Provides that no child under the age of 14 who is seeking entrance to a state correctional facility shall be strip searched under any circumstances. The bill also provides that the Department may not permanently ban any person, or insinuate that any person will be permanently banned, from seeking entrance to a state correctional facility on the basis of such person's refusal to consent to a strip search when such person is seeking to enter the interior of any state correctional facility.

A BILL to amend and reenact § 53.1-30 of the Code of Virginia, relating to visiting state correctional facilities; strip searches of those entering.

20106053D