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Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
987603492Be it enacted by the General Assembly of Virginia:
1. That §§ 53.1-182.1 and 53.1-183 of the Code of Virginia are
amended and reenacted and that the Code Virginia is amended by adding in
Chapter 27 of Title 9 an article numbered 1.7, consisting of sections numbered
9-173.21 through [ 9-173.28 9-173.27 ] as follows:
§ 9-173.21. Established.
There is hereby established the Batterer Intervention [
Certification and Monitoring ] Program, hereinafter
referred to as the Program. The Program shall be administered by the
Department of Criminal Justice Services.
§ 9-173.22. Advisory Committee on Batterer Intervention established; appointment; terms; vacancies; election of chairperson.
The Board of Criminal Justice Services shall establish an Advisory
Committee to the Batterer Intervention [ Certification and
Monitoring ] Program. The Advisory Committee shall be
composed of twenty-four members. The first members of the Advisory Committee
shall be members who serve on the Commission on Family Violence Prevention's
Batterer Intervention Task Group as of January 1, 1998. Of the members serving
as of January 1, 1998, eight shall serve for one year, eight shall serve for
two years and eight shall serve for three years. Thereafter, all appointments
shall be for terms of three years.
The membership of the Advisory Committee shall include persons who have
training, experience or special knowledge concerning domestic violence,
techniques of batterer intervention or the administration of offender
supervision and be appointed by the Board. The appointees shall include three
persons from a center/shelter which provides services to family violence
victims and their children selected from among names submitted by Virginians
Against Domestic Violence (VADV); three persons with expertise in the treatment
of batterers selected from among names submitted by the Coalition for the
Treatment of Abusive Behaviors (CTAB); one member of the Virginia Commission on
Family Violence Prevention selected from names submitted by the chair of the
Commission; one attorney for the Commonwealth selected from among names
submitted by the Association for Commonwealth's Attorneys; a certified/licensed
addictions treatment professional; a member of the clinical staff of a
community services board selected from among names submitted by the Virginia
Association of Community Services Board; one public defender selected from
among names submitted by the Public Defender Commission; one Department of
Corrections designee specializing in adult probation and parole; one Department
of Social Services designee; one Department of Mental Health, Mental
Retardation and Substance Abuse Services designee; a law-enforcement
professional selected from among names submitted by the Chiefs of Police
Association or the Virginia State Sheriffs Association; a member of the
Community Criminal Justice Association selected from among names submitted by
the Association; a member of the Association of Community Criminal Justice
Boards selected from among names submitted by the Association; a member of the
Family Law Section of the Virginia State Bar to be selected from among names
submitted by the Family Law Section; a member of the faculty at a Virginia
public or private college or university who has expertise in family violence
and research techniques; and one member representing a court services unit.
The remaining members of the Advisory Committee shall be appointed by the Board
in its discretion. Appointments to fill vacancies shall be for the unexpired
term. No person shall be eligible to serve for more than [ one
successive term two successive terms ] . An
appointment to fill a vacancy shall not be considered a full term.
The Advisory Committee shall elect its chairperson annually from among its membership. The Advisory Committee shall meet at least four times per year. The chairperson shall fix the times and places of meetings, either on his own motion or upon written request of any five members of the Advisory Committee.
§ 9-173.23. Powers and duties of the Advisory Committee on Batterer Intervention.
The powers and duties of the Advisory Committee shall be as follows:
1. Develop and submit standards for the certification of batterer intervention programs to the Board;
2. Advise the Board on future revisions of the standards;
3. Advise the Board of recent research on batterer intervention programs, including new methods of intervention, and the effectiveness of batterer intervention programs;
4. Provide recommendations on the qualifications and selection of staff for the Program; and
5. Advise the Board on all matters relating to the Program and to make such recommendations as it may deem desirable.
§ 9-173.24. Powers and duties of Department.
The Department in administering the Program shall:
1. Promulgate regulations [ to implement the Program ] ;
2. [ Certify Develop standards and
guidelines for ] local batterer intervention programs and notify
courts of programs [ so certified which meet
such standards ] ;
3. Form and supervise regional [
certification ] teams;
4. Monitor and evaluate local batterer intervention programs to ensure compliance with standards;
5. Provide training for [ certified ]
programs;
6. Provide technical assistance to local batterer intervention programs;
7. Develop standard forms and other materials to be used in the [
certification training ] , monitoring,
evaluation and data collection activities of the Program and local batterer
intervention programs;
8. Solicit comment from victims of family violence and their families;
9. Assist with data collection, interpretation and evaluation;
10. Serve as a clearinghouse for information and research on the topic of batterer intervention; and
11. Perform such other acts as may be necessary or convenient for the effective performance of its duties.
§ 9-173.25. Program staff; duties.
The Board, upon consideration of the recommendations of the Advisory Committee, shall employ staff to carry out the duties of the Program. The staff shall perform all duties and responsibilities assigned by the Board and carry out the duties and objectives of the Program.
§ 9-173.26. Immunity.
[ Program staff, whether compensated or not, shall not be liable for
any civil damages for acts or omissions resulting from the performance of
their duties except for gross negligence or willful
misconduct. Staff of local batterer intervention programs
which meet the standards of the Program shall be subject to personal liability
while acting within the scope of their duties only for gross negligence or
intentional misconduct. ]
§ 9-173.27. Confidentiality of records and information.
[ Program staff shall not disclose the content of any document or
record to which they might become privy, which is required by law to be kept
confidential except upon order of a court of competent
jurisdiction. Staff of the local batterer
intervention programs and staff of the Program shall not disclose the contents
of any document or record to which he might become privy, which is otherwise
confidential pursuant to the provisions of state law, except upon order of a
court of competent jurisdiction. ]
[ § 9-173.28. Cooperation of state and local
entities.
All state and local departments, agencies, authorities, and
institutions shall cooperate with the Department and program staff and with
each local certified batterer intervention program to facilitate the
implementation of batterer intervention. ]
§ 53.1-182.1. Mandated services; optional programs.
Any city, county or combination thereof which elects or is required to establish a community corrections program pursuant to this article shall provide to the judicial system the following programs and services: community service; home incarceration with or without electronic monitoring; electronic monitoring; probation supervision; evaluation, referral and supervision services for individuals the court has ordered to participate in batterer intervention programs; and substance abuse assessment, testing and treatment. Additional programs, facilities and services, including, but not limited to, jail farms, pre-release facilities, work release facilities, and public inebriate diversion programs, may be established by the city, county or combination thereof.
§ 53.1-183. Community criminal justice boards.
Each county or city or combination thereof developing and establishing a
community corrections program pursuant to the provisions of this article shall
establish a community criminal justice board. Each county and city
participating in a community corrections program shall be represented on the
community criminal justice board. In the event that one county or city
appropriates funds to the program as part of a multijurisdictional effort, any
other participating county or city shall be considered to be participating in a
program if such locality appropriates funds to the program. Appointments to the
board shall be made by each local governing body. In cases of
multijurisdictional participation, unless otherwise agreed upon, each
participating city or county shall have an equal number of appointments. Boards
shall be limited to fifteen members, except in cases of multijurisdictional
boards which shall be limited to twenty members. Each board shall include the
following: a judge of the general district court; a circuit court judge; a
juvenile and domestic relations district court judge; a chief magistrate; one
chief of police or the sheriff in a jurisdiction not served by a police
department to represent law enforcement; an attorney for the Commonwealth; a
public defender or an attorney who is experienced in the defense of criminal
matters; a sheriff or the regional jail administrator responsible for jails
serving those jurisdictions involved in the community-based corrections
program; a local educator; and a community services board
administrator; and a victim [ services
provider advocate ] .