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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 28, 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. 135

Patron: Edwards

Virginia Parole Board; membership; records; report. Increases from five to 11 the number of members to be appointed to the Virginia Parole Board (the Board). The bill requires the Board to (i) include in its monthly report regarding actions taken by the Board on the parole of prisoners the number of votes in favor of granting or denying parole of each prisoner and (ii) ensure that any records, reports, or other documents used to determine a person's suitability for parole be made available for review by such person or his counsel pursuant to Board regulations. The bill contains technical amendments.

A BILL to amend and reenact §§ 53.1-134 and 53.1-136 of the Code of Virginia, relating to Virginia Parole Board; membership; records; report.

22100262D

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. 441

Patron: Boysko

State correctional facilities; fees. Reduces or eliminates certain fees associated with inmates in state correctional facilities. The bill provides that the cost of items within a state correctional facility's store or commissary shall not exceed 10 percent of the typical market rate for the same goods or services and that the fee associated with electronic visitation and messaging systems shall not exceed the actual costs of establishing and operating such systems. The bill eliminates fees associated with the use of telephone systems and the provision of an inmate's medical records upon his discharge. The bill provides that upon discharge from a state correctional facility an inmate shall receive, in the form of a check, an electronic transfer, or a debit or other account card, the balance of the inmate's personal trust account.

A BILL to amend and reenact §§ 53.1-1.1, 53.1-27, 53.1-28, 53.1-35.1, and 53.1-43.1 of the Code of Virginia, relating to state correctional facilities; fees.

22103967D

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. 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. 581

Patron: Morrissey

Local correctional facilities; fees. Eliminates certain fees charged to inmates within a local correctional facility, including a fee to defray the costs associated with an inmate's keep, travel and other expenses associated with an inmate's work release employment or participation in an educational or rehabilitative program, and telephone systems. The bill also caps certain fees charged to inmates within a local correctional facility, including that the cost of items within a correctional facility's store or commissary and that the fee associated with electronic visitation and messaging systems. The bill removes provisions that if an inmate is unable to pay in full certain fees, the inmate must enter into a deferred or installment payment agreement with the local correctional facility, or that such facility may enter into a contract for collection of such fees with a private entity, a local governing body, or the county or city treasurer. The bill also provides that, upon discharge from a local correctional facility, an inmate shall receive, in the form of a check, electronic transfer, or a debit or other account card, the balance of all accounts maintained by the facility for an inmate's use.

A BILL to amend and reenact §§ 53.1-1.1, 53.1-127.1, 53.1-127.2, 53.1-131, and 53.1-131.1 of the Code of Virginia and to repeal §§ 53.1-127.3, 53.1-127.5, and 53.1-131.3 of the Code of Virginia, relating to local correctional facilities; fees.

22101620D

S.B. 689

Patron: Mason

Foster care; barrier crimes. Replaces the current list of barrier crimes that apply to foster and adoptive parents with certain barrier crimes set forth in federal law and regulations.

A BILL to amend and reenact § 63.2-901.1 of the Code of Virginia, relating to foster care; barrier crimes.

22104423D

S.B. 700

Patron: DeSteph

Covering a security camera in a correctional facility; penalty. Provides that any person, other than a law-enforcement officer, jail officer, correctional officer, or other custodial officer, who intentionally covers, removes, damages, renders inoperable or otherwise obscures a security camera, as defined in the bill, without the permission of the sheriff, jail superintendent, warden, or Director of the Department of Corrections or Department of Juvenile Justice is guilty of a Class 1 misdemeanor. The bill also provides that any person who intentionally covers, removes, damages, renders inoperable or otherwise obscures a security camera with the intent of inhibiting or preventing a security camera from recording or transmitting a photograph, motion picture, or other digital image of the commission of a felony is guilty of a Class 6 felony.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-473.2, relating to covering a security camera in a correctional facility; penalty.

22104206D

S.B. 702

Patron: Kiggans

Marijuana criminal history information; disclosure to state and local governments by job applicants. Allows the Commonwealth or a locality to require a job applicant or other applicant who is seeking a license, permit, registration, or other government service to disclose his prior criminal history for marijuana offenses. Under current law, the Commonwealth and its localities are prohibited from requiring the disclosure of such information for such purposes.

A BILL to amend and reenact § 19.2-389.3, as it is currently effective and as it may become effective, of the Code of Virginia, relating to marijuana criminal history information; disclosure to state and local governments by job applicants.

22104007D

S.B. 728

Patron: Ruff

Criminal history background checks; children's residential facilities. Provides that a person may be hired for and may begin compensated employment at a children's residential facility prior to receipt of the results of the criminal history background check and check of the central registry of records but prohibits that person from being alone with, in control of, or supervising one or more children until such time as the criminal history background check and the check of the central registry of records have been completed. 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 background check is complete.

A BILL to amend and reenact §§ 37.2-408.1 and 63.2-1726 of the Code of Virginia, relating to criminal history background checks; children's residential facilities.

22103543D

S.B. 745

Patron: Surovell

Parole; exception to the limitation on the application of parole statutes; felony marijuana convictions. Provides that a person is eligible to be considered for parole if such person was convicted of certain felony marijuana offenses when such offense was committed on or after January 1, 1995, and the person was committed by a court to the Department of Corrections and remained incarcerated for such offense on July 1, 2022.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes; felony marijuana convictions.

22103531D