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2024 SESSION

24104214D
SENATE JOINT RESOLUTION NO. 24
Offered January 10, 2024
Prefiled January 10, 2024
Directing the Joint Legislative Audit and Review Commission to study barrier crimes for employees of and persons regulated by the Department of Behavioral Health and Developmental Services. Report.
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Patron-- Bagby
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Referred to Committee on Rules
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WHEREAS, barrier crimes are statutorily established offenses, conviction for which disqualifies an individual from eligibility for various types of employment, to volunteer or provide certain services, or to establish or operate certain types of regulated businesses; and

WHEREAS, Virginia law requires background checks and extensive barrier crime screenings for many positions in the area of behavioral health, including employees at any state facility operated by the Department of Behavioral Health and Developmental Services (the Department), sponsored residential service providers, and other persons who serve in direct care positions; and

WHEREAS, Virginia's barrier crime laws prevent many qualified persons from serving in such positions and, in many instances, fail to consider the fact that a person may have been rehabilitated subsequent to committing a crime, that years or decades have passed since the person's commission of the crime, or that a person may be in a unique position to help others who suffer from the same disorder or illness that contributed to the person's prior criminal behavior; and

WHEREAS, analysis of Virginia's barrier crime laws as they relate to positions with or regulated by the Department may help to strengthen and improve the effectiveness of Virginia's behavioral health workforce; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the Joint Legislative Audit and Review Commission be directed to study barrier crimes for employees of and persons regulated by the Department of Behavioral Health and Developmental Services.

In conducting its study, the Joint Legislative Audit and Review Commission shall (i) identify all barrier crimes and related exceptions for employees of and person regulated by the Department of Behavioral Health and Developmental Services; (ii) determine (a) whether any offenses should be removed from such list of barrier crimes, (b) whether any barrier crime exceptions and waiver processes should be broadened, and (c) whether the required amount of time that must pass after conviction of certain barrier crimes should be shortened; and (iii) identify other changes that could be made to such barrier crime laws that would improve the organization, effectiveness, and fairness of such provisions.

All agencies of the Commonwealth shall provide assistance to the Joint Legislative Audit and Review Commission for this study, upon request.

The Joint Legislative Audit and Review Commission shall complete its meetings by November 30, 2024, and the chairman shall submit to the Division of Legislative Automated Systems an executive summary of its findings and recommendations no later than the first day of the 2025 Regular Session of the General Assembly. The executive summary shall state whether the Joint Legislative Audit and Review Commission intends to submit to the General Assembly and the Governor a report of its findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.