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2022 SESSION

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Clerk: Sean Sukol, Warda Asif
Staff: David May
Date of Meeting: January 21, 2022
Time and Place: 8:00 AM / Senate Room A. Virtual public comment registration:
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 40

Patron: Spruill

Assisted living facilities; involuntary discharge. Requires that regulations of the Board of Social Services regarding involuntary discharges of residents from assisted living facilities provide certain safeguards for residents, including a description of the reasons for which a resident may be involuntarily discharged, certain notice requirements, a requirement that the facility make reasonable efforts to resolve any issues upon which the discharge is based, and the provision of information regarding the resident's right to appeal the facility's decision to discharge the resident.

A BILL to amend and reenact § 63.2-1805 of the Code of Virginia, relating to assisted living facilities; involuntary discharge.

22102327D

S.B. 65

Patron: Ruff

Alcoholic beverage control; distiller licenses; Internet orders and shipments. Allows the Virginia Alcoholic Beverage Control Authority to include in its agency agreements with licensed distillers provisions that allow distillers to sell spirits and low alcohol beverage coolers through Internet orders and ship such orders to consumers and licensees within the Commonwealth. The bill imposes certain quantity, carriage, transaction, and labeling requirements on such sales and shipments.

A BILL to amend and reenact § 4.1-119, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; distiller licenses; Internet orders and shipments.

22101331D

S.B. 165

Patron: Peake

Compensation of local jails for cost of incarceration. Provides for local jails to be compensated for the actual cost of incarcerating convicted felons at the rate calculated in the Compensation Board's annual jail cost report. Current law provides for jails to be compensated for the cost of incarceration of convicted felons 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.

22102223D

S.B. 196

Patron: Mason

Alcoholic beverage control; tax allocation; funding for Virginia Spirits Promotion Fund. Requires that 20 percent of the 20 percent tax levied on alcoholic beverages sold by the Board of Directors of the Virginia Alcoholic Beverage Control Authority that is attributable to the sale of spirits produced by a distiller licensee be deposited in the Virginia Spirits Promotion Fund.

A BILL to amend and reenact §§ 3.2-3012 and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; tax allocation; funding for Virginia Spirits Promotion Fund.

22101349D

S.B. 254

Patron: Bell


Alcoholic beverage control; delivery of alcoholic beverages; third-party delivery license; container. Creates a third-party delivery license that authorizes the licensee to deliver alcoholic beverages purchased by consumers from other retail licensees. The bill establishes conditions for the issuance of third-party delivery licenses, imposes eligibility requirements for delivery personnel, and sets forth requirements for a delivery to be made by such delivery personnel. The bill imposes a $2,500 fine for first-time violations of the delivery requirements and a $5,000 fine for second and subsequent violations. The bill also establishes container requirements for certain alcoholic beverages sold for off-premises consumption or delivery. The bill requires that such alcoholic beverages, if not contained in the manufacturer's original sealed container, (i) be enclosed in a container that has no straw holes or other openings and is sealed in a manner that allows a person to readily discern whether the container has been opened or tampered with; (ii) display the name of the licensee from which the alcoholic beverages were purchased; (iii) be clearly marked with the phrase "contains alcoholic beverages"; (iv) have a maximum volume of 16 ounces per beverage for certain beverages; and (v) be stored in the trunk of the vehicle, in an area that is rear of the driver's seat, in a locked container or compartment or, in the case of delivery by bicycle, in a compartment behind the bicyclist during delivery. The bill also excludes from the rebuttable presumption in current law that a person is consuming alcohol while driving any person who is delivering an alcoholic beverage in accordance with the provisions of the bill. The bill directs the Virginia Alcoholic Beverage Control Authority to collect data regarding the compliance of third-party delivery licensees with the provisions of the bill and report such data to the Chairmen of the House Committee on General Laws and the Senate Committee on Rehabilitation and Social Services by November 1, 2023. The bill extends from July 1, 2022, to July 1, 2024, the sunset on prior legislation that allowed certain licensees to sell mixed-beverages for off-premises consumption.

A BILL to amend and reenact §§ 4.1-204, 4.1-206.3, and 4.1-212.1, as they are currently effective and as they shall become effective, 4.1-230, 4.1-231.1, and 18.2-323.1 of the Code of Virginia and the second enactment of Chapter 281 and the second enactment of Chapter 282 of the Acts of Assembly of 2021, Special Session I, and to amend the Code of Virginia by adding a section numbered 4.1-212.2, relating to alcoholic beverage control; delivery of alcoholic beverages; third-party delivery license; container.

22103941D

S.B. 314

Patron: Favola

Foster care; placement and discharge requirements. Requires children's residential facilities, child-placing agencies, and qualified residential treatment programs that receive state or federal funds for placement costs to (i) accept any foster child in Virginia who meets the applicable admissions criteria, subject to certain requirements set forth in the bill, and (ii) prioritize the admission of children in foster care in Virginia over out-of-state applicants. The bill prohibits children's residential facilities, child-placing agencies, and qualified residential treatment programs that have entered into a placement agreement with a local department of social services from discharging a child except as provided in the placement agreement. The bill also requires children's residential facilities, child-placing agencies, and qualified residential treatment programs to work with certain parties to secure an alternative placement for a child prior to discharge in the event the child fails to meet certain placement criteria.

A BILL to amend and reenact §§ 37.2-408 and 63.2-1817 of the Code of Virginia, relating to foster care; placement and discharge requirements.

22103891D

S.B. 325

Patron: Reeves

Alcoholic beverage control; transportation of alcoholic beverages purchased outside the Commonwealth. Removes the prohibition on transporting within the Commonwealth more than three gallons of alcoholic beverages purchased out of state. Under current law, such transportation constitutes a Class 1 misdemeanor.

A BILL to amend and reenact § 4.1-311 of the Code of Virginia, relating to alcoholic beverage control; transportation of alcoholic beverages purchased outside the Commonwealth.

22101959D

S.B. 425

Patron: Edwards


Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver.

In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending.

Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

A BILL to amend and reenact §§ 19.2-389, 19.2-392.02, 22.1-289.035 through 22.1-289.040, 22.1-296.1, 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, 63.2-1720, 63.2-1721, 63.2-1722, 63.2-1723, and 63.2-1726 of the Code of Virginia, relating to barrier crimes.

22100413D

S.B. 435

Patron: Barker

Children's Services Act; parent representatives; community policy and management teams; family assessment and planning team. Provides that parent representatives required to be members of the community policy and management teams appointed by local governing bodies and family assessment and planning teams established by each community policy and management team under the Children's Services Act are caregivers with children with past experience with child welfare, juvenile justice, special education, or behavioral health services. The bill removes the provisions that such parent representatives who are employed by a public or private program that receives funds pursuant to the law or agencies represented on a family assessment and planning team may serve as a parent representative provided that they do not, as a part of their employment, interact directly on a regular and daily basis with children or supervise employees who interact directly on a regular basis with children.

A BILL to amend and reenact §§ 2.2-5205 and 2.2-5207 of the Code of Virginia, relating to Children's Services Act; parent representatives; community policy and management teams; family assessment and planning team.

22102046D

S.B. 485

Patron: McClellan

Delinquency Prevention and Youth Development Act; youth services citizen boards; duties; guidelines. Directs the Board of Juvenile Justice to establish and make available to localities a list of best practice program models that are likely to qualify for grants under the Delinquency Prevention and Youth Development Act. The bill requires youth services citizen boards to include representatives of law enforcement and the faith and business communities and allows local governing bodies to appoint as members of the youth services citizen board members of the community policy and management team or a similar entity, subject to certain requirements set forth in the bill. The bill allows youth services citizen boards to establish youth advisory teams for the purposes of consultation and advice regarding youth services programs. The bill removes the requirement that local youth services programs maintain and disseminate an annual inventory of youth and parenting related services and programs available in the locality.

A BILL to amend and reenact §§ 66-28, 66-34, and 66-35 of the Code of Virginia, relating to Delinquency Prevention and Youth Development Act; youth services citizen boards; duties; guidelines.

22103955D

S.B. 527

Patron: Saslaw

Alcoholic beverage control; neutral grain spirits or alcohol sold at government stores; proof limit. Repeals the July 1, 2022, sunset on 2017 legislation that increased from 101 to 151 the proof limit on neutral grain spirits or alcohol that may be sold in government stores.

A BILL to repeal the second enactment of Chapter 155 of the Acts of Assembly of 2017, relating to alcoholic beverage control; neutral grain spirits or alcohol sold at government stores; proof limit.

22100653D

S.B. 547

Patron: DeSteph

Virginia Parole Board; monthly reports. Requires the Virginia Parole Board (the Board) to publish a statement regarding any action taken by the Board on the parole of a prisoner within 30 days of such action and to include in such statement information regarding the length of sentence and the date such sentence was imposed for each prisoner considered for parole.

A BILL to amend and reenact § 53.1-136 of the Code of Virginia, relating to Virginia Parole Board; monthly reports.

22102593D

S.B. 577

Patron: Mason

Criminal history background checks; children's residential facilities. Provides that a person who is required to undergo a background check as a condition of employment at a children's residential facility may work at such children%92s residential facility pending the results of all background check components required by this section provided that (i) the applicant has received qualifying results on the fingerprint-based criminal history background check and (ii) the person is supervised at all times by a person who received qualifying results on a background check conducted in accordance with this section within the past five years. Currently, no person who is required to undergo a background check as a condition of employment at a children's residential facility may work at the children's residential facility until the criminal history background check and a check of the central registry of records of child abuse and neglect investigations maintained by the Department of Social Services are complete.

A BILL to amend and reenact § 37.2-408.1 of the Code of Virginia, relating to criminal history background checks; children's residential facilities.

22103996D

S.B. 578

Patron: McDougle

Department of Corrections; earned sentence credits. Repeals the four-level classification system for the awarding and calculation of earned sentence credits currently set to go into effect on July 1, 2022. Under current law, a maximum of 4.5 sentence credits may be earned for each 30 days served.

A BILL to repeal § 53.1-202.3, as it shall become effective, of the Code of Virginia, Chapter 50 of the Acts of Assembly of 2020, Special Session I, and the second through seventh enactments of Chapter 52 of the Acts of Assembly of 2020, Special Session I, relating to Department of Corrections; earned sentence credits.

22102949D

S.B. 619

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 § 4.1-206.3, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to alcoholic beverage control; food-to-beverage ratio.

22104280D

S.B. 622

Patron: Favola


Certified recovery residences. Requires every person who operates a recovery residence to disclose to potential residents whether the recovery residence is a certified recovery residence and that no health care provider or behavioral health service provider who receives public funds or state agency shall refer a person with substance abuse disorder to a recovery residence unless the recovery residence has been certified by the Department of Behavioral Health and Developmental Services (the Department) in accordance with regulations adopted by the Board of Behavioral Health and Developmental Services (the Board). The bill also provides that credentialing agencies by which the Board may require accreditation or in which the Board may require membership shall administer credentialing and certification programs in accordance with standards of the National Alliance for Recovery Residences; requires the Board to adopt regulations requiring each certified recovery residence include one or more resident or nonresident staff persons who is employed by the provider for compensation and who is responsible for oversight or management of the recovery residence; and requires the Department to provide, for each certified recovery residence included on the list maintained on the Department’s website the level of support provided by the certified recovery residence. The bill also provides that certified recovery residences shall constitute residential occupancy by a single family for zoning purposes, regardless of the number of persons residing in the certified recovery residence, and exempts certified recovery residences from the provisions of the Virginia Landlord and Tenant Act.

A BILL to amend and reenact §§ 15.2-2291, 37.2-431.1, and 55.1-1201 of the Code of Virginia, relating to certified recovery residences.

22104207D