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2024 SESSION

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Senate Committee on Rehabilitation and Social Services

Chair: Barbara A. Favola

Clerk: Gillian Conway, A. Chapman
Staff: David May
Date of Meeting: January 19, 2024
Time and Place: 8:00 a.m. Senate Room A
Updated to Include ABC Subcommittee Bills

S.B. 26

Patron: Stanley

Alcoholic beverage control; public consumption; exemption. Provides that the prohibition on drinking or offering to another an alcoholic beverage in public shall not apply when such acts are conducted on the premises of a campground located on private property at which a majority of the campers use travel or tent trailers, pickup campers, or motor homes or similar recreational vehicles.

A BILL to amend and reenact §§ 4.1-128 and 4.1-308 of the Code of Virginia, relating to alcoholic beverage control; public consumption; exemption.

24100486D

S.B. 39

Patron: Favola

Kinship as Foster Care Prevention Program established. Establishes the Kinship as Foster Care Prevention Program to promote and support placements of children with relatives by local boards of social services in order to avoid foster care. The bill provides that a child is eligible to participate in the Program if the local board determines that (i) the child is at imminent risk of being removed from his home and a preliminary protective order is insufficient to address the child's immediate safety concerns and (ii) the child's parent or guardian consents to the placement of the child with a relative pursuant to an agreement with the local board developed in accordance with the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of a section numbered 63.2-1531, relating to Kinship as Foster Care Prevention Program established.

24101422D

S.B. 41

Patron: Peake

Local jails; compensation for cost of incarceration. Requires the Department of Corrections to compensate local jails for the actual cost, based on the rate calculated in the Compensation Board's annual Jail Cost Report, of incarcerating felons who should otherwise be confined in a state correctional facility. Current law provides for local jails to be compensated at the rate set forth in the general appropriation act.

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

24100912D

S.B. 162

Patron: McDougle

Kinship as Foster Care Prevention Program established. Establishes the Kinship as Foster Care Prevention Program to promote and support placements of children with relatives by local boards of social services in order to avoid foster care. The bill provides that a child is eligible to participate in the Program if the local board determines that (i) the child is at imminent risk of being removed from his home and a preliminary protective order is insufficient to address the child's immediate safety concerns and (ii) the child's parent or guardian consents to the placement of the child with a relative pursuant to an agreement with the local board developed in accordance with the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of a section numbered 63.2-1531, relating to Kinship as Foster Care Prevention Program established.

24103917D

S.B. 168

Patron: Reeves

Alcoholic beverage control; food-to-beverage ratio. Reduces the current 45 percent food-to-beverage ratio for certain mixed beverage licensees. The bill requires that a mixed beverage restaurant, caterer's, or limited caterer's licensee meet or exceed the following: (i) for such licensees with monthly food sales of at least $4,000 but less than $10,000, the food-to-beverage ratio shall be 35 percent and (ii) for such licensees with monthly food sales of at least $10,000, there shall be no food-to-beverage ratio requirement imposed.

A BILL to amend and reenact §§ 4.1-100, 4.1-111, and 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.

24103808D

S.B. 176

Patron: Favola


Civil commitments and temporary detention orders; definition of mental illness neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report. Specifies that for the purpose of civil commitments and temporary detention orders, behaviors and symptoms that manifest from a neurocognitive disorder or neurodevelopmental disability are excluded from the definition of mental illness and are, therefore, not a basis for placing an individual under a temporary detention order or committing an individual involuntarily to an inpatient psychiatric hospital. The bill provides that if a state facility has reason to believe that an individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability, the state facility may require that a licensed psychiatrist or other licensed mental health professional reevaluate the individual's eligibility for a temporary detention order before the individual is admitted and may refuse to admit an individual if the licensed psychiatrist or other licensed mental health professional determines the individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability. The foregoing provisions of the bill have a delayed effective date of July 1, 2025. The bill also directs the Secretary of Health and Human Resources to evaluate, identify, and develop placements for individuals with neurocognitive disorders and neurodevelopmental disabilities, as well as any statutory or funding changes needed to prevent inappropriate placements for such individuals, and to report his findings and recommendations by November 1, 2024. This bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission.

 

A BILL to amend and reenact §§ 37.2-809, 37.2-809.1, 37.2-815, 37.2-816, and 37.2-817 of the Code of Virginia, relating to civil commitments and temporary detention orders; definition of mental illness; neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; report.

24103977D

S.B. 178

Patron: Favola

Office of the State Inspector General; investigations of abuse or neglect at state psychiatric hospitals; report. Directs the Office of the State Inspector General to (i) develop a plan to fulfill its statutory obligation to fully investigate all complaints it receives alleging abuse, neglect, or inadequate care at a state psychiatric hospital and (ii) submit such plan to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health by November 1, 2024. The bill also requires the Office to submit an annual report to the General Assembly on or before December 1 regarding the number of such complaints received and the number of complaints that were fully investigated by the Office.

A BILL to direct the Office of the State Inspector General to develop a plan and submit reports regarding investigations of abuse or neglect at state psychiatric hospitals.

24103983D

S.B. 180

Patron: DeSteph

Alcoholic beverage control; annual mixed beverage performing arts facility licenses. Allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to issue annual mixed beverage performing arts facility licenses to persons operating food concessions at any performing arts amphitheater, arena, or similar facility that has a total capacity in excess of 3,000 patrons and is located in the City of Virginia Beach.

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; annual mixed beverage performing arts facility licenses.

24102424D

S.B. 182

Patron: Rouse

Alcoholic beverage control; advertisements. Directs the Board of Directors of the Virginia Alcoholic Beverage Control Authority to promulgate regulations that prescribe the terms and conditions under which manufacturers, brokers, importers and wholesalers may advertise and promote alcoholic beverages via the Internet, social media, direct-to-consumer electronic communication, or other electronic means.

A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; advertisements.

24104524D

S.B. 263

Patron: Craig

Investigation prior to release; input from the attorney for the Commonwealth. Provides that when the Parole Board is conducting the required investigation to determine if a prisoner will be released on parole, the Board must notify the attorney for the Commonwealth in each jurisdiction in which an offense occurred for which the prisoner is incarcerated, and the attorney for the Commonwealth may submit his input to the Board regarding the impact that the release of the prisoner will have on public safety.

A BILL to amend and reenact § 53.1-155, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to investigation prior to release; input from the attorney for the Commonwealth.

24104659D

S.B. 291

Patron: Roem

Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2025. The bill requires a court-appointed guardian and any skilled professional retained by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months after the date of qualification of such guardian. Under the bill, guardians appointed prior to July 1, 2025, must complete such training by January 1, 2027. The bill further requires a guardian to include in his annual report to the local department of social services a statement as to whether such training has been completed.

A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 51.5-150.1, relating to Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required.

24104701D

S.B. 378

Patron: Boysko

State correctional facilities; telephone calls and communication services. Requires the Department of Corrections to provide telephone systems and web-based or electronic communications systems free of charge to any person, whether such person is initiating or receiving the communication. The bill also requires that a minimum ratio of one telephone per every 10 inmates be available within each housing unit at each correctional facility and that the maximum number of telephone numbers permitted on an approved call list must be no fewer than 20.

A BILL to amend and reenact §§ 53.1-1.1 and 53.1-35.1 of the Code of Virginia, relating to state correctional facilities; telephone calls and communication services.

24104609D

S.B. 391

Patron: Pekarsky

Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and by excluding the employees of the Commonwealth and other public bodies from such protections.

A BILL to amend and reenact § 40.1-27.4 of the Code of Virginia, relating to employee protections; medicinal use of cannabis oil.

24103734D

S.B. 400

Patron: Deeds

Alcoholic beverage control; annual mixed beverage performing arts facility licenses. Allows the Board of Directors of the Virginia Alcoholic Beverage Control Authority to issue annual mixed beverage performing arts facility licenses to persons operating food concessions at any (i) performing arts facility located in the City of Charlottesville, provided that the performing arts facility (a) is occupied under a bona fide long-term lease or concession agreement, the original term of which was more than five years; (b) has a total capacity in excess of 550 patrons; and (c) has been rehabilitated in accordance with historic preservation standards; (ii) outdoor performing arts amphitheater, arena, or similar facility that has seating for more than 5,000 persons and is located in the City of Richmond; or (iii) outdoor performing arts amphitheater, arena, or similar facility that has seating for more than 2,500 persons and is located in the City of Charlottesville.

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; annual mixed beverage performing arts facility licenses.

24102040D

S.B. 417

Patron: Head

Adult protective services; central registry. Creates a central registry of substantiated complaints of adult abuse, neglect, and exploitation to be maintained by the Department for Aging and Rehabilitative Services. The bill establishes (i) investigation requirements for local departments of social services related to reports of adult abuse, neglect, and exploitation; (ii) record retention and disclosure requirements for the Department for Aging and Rehabilitative Services and local departments of social services; (iii) notice requirements related to findings by local departments and central registry entries; and (iv) an appeals process to contest the findings of a local department related to substantiated reports of adult abuse, neglect, or exploitation. The bill directs the Commissioner for Aging and Rehabilitative Services to adopt regulations to implement the provisions of the bill and exempts the Commissioner's initial adoption of such regulations from the provisions of the Administrative Process Act. The bill has a delayed effective date of July 1, 2026.

A BILL to amend and reenact §§ 2.2-3802, 51.5-148, 63.2-1605, and 63.2-1606 of the Code of Virginia and to amend the Code of Virginia by adding in Article 5 of Chapter 14 of Title 51.5 sections numbered 51.5-148.1 and 51.5-148.2 and by adding sections numbered 63.2-1605.1, 63.2-1605.2, and 63.2-1605.3, relating to adult protective services; central registry.

24104879D

S.B. 456

Patron: Marsden

Office of the Department of Corrections Ombudsman; created. Creates, within the Office of the State Inspector General, the Office of the Department of Corrections Ombudsman (the Office) headed by an Ombudsman who is selected by a Corrections Oversight Committee (the Committee), also created by the bill. The bill provides that the Committee is made up of four members of the General Assembly and 11 nonlegislative citizen members who monitor the activities of the Ombudsman and the Department of Corrections (the Department). The bill provides the Office's authority to conduct inspections at least once every three years and more often when warranted of Department or Board of Local and Regional Jails facilities and requires the Office to establish confidential telephone hotlines and online forms for concerns, complaints, and inquiries by inmates, their family members and advocates, and Department employees and contractors. In addition, the bill requires the Committee to conduct quarterly public hearings and submit an annual report to the Governor, the Attorney General, the Senate Committee on the Judiciary, the House Committee on Public Safety, and the Director of the Department.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 53.1 an article numbered 4, consisting of sections numbered 53.1-17.2 through 53.1-17.10, relating to Office of the Department of Corrections Ombudsman; created.

24102042D

S.B. 467

Patron: Obenshain

Foster care; diversionary placements; alternative living arrangements. Allows a birth parent to identify an ALA caregiver, defined in the bill, with whom the birth parent would like to place his child in an alternative living arrangement, defined in the bill. The bill establishes background checks for potential ALA caregivers, establishes legal custody of the child by ALA caregivers, requires safety and welfare checks for children in alternative living arrangements, and requires local boards of social services to create an exit plan for reunification of the child and the birth parent or, if such reunification is not viable, for permanent placement of the child in an alternative living arrangement.

A BILL to amend the Code of Virginia by adding a section numbered 63.2-900.4, relating to foster care; diversionary placements; alternative living arrangements.

24103311D

S.B. 529

Patron: Jordan

Employee protections; medicinal use of cannabis oil. Amends the provision that prohibits an employer from discriminating against an employee for such employee's lawful use of cannabis oil pursuant to a valid written certification issued by a practitioner for the treatment or to eliminate the symptoms of the employee's diagnosed condition or disease, with certain exceptions, by specifying that such use must conform to the laws of the Commonwealth and that such protections extend to the employees of the Commonwealth and other public bodies.

A BILL to amend and reenact § 40.1-27.4 of the Code of Virginia, relating to employee protections; medicinal use of cannabis oil.

24103170D

S.B. 657

Patron: Reeves

Alcoholic beverage control; annual mixed beverage performing arts facility licenses; on-and-off premises wine and beer licenses. Defines performing arts facility and standardizes the eligibility criteria for annual mixed beverage performing arts facility licenses and on-and-off-premises wine and beer licenses for performing arts food concessionaires. Under current law, the eligibility criteria for such licenses varies by location and includes inconsistent ownership, lease, capacity, and seating requirements.

A BILL to amend and reenact §§ 4.1-100, 4.1-206.3, as it is currently effective and as it shall become effective, and 4.1-309 of the Code of Virginia, relating to alcoholic beverage control; annual mixed beverage performing arts facility licenses; on-and-off premises wine and beer licenses.

24105205D