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2024 SESSION

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SB 80 Decreasing probation period; establishes criteria for mandatory reduction.

Introduced by: Barbara A. Favola | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Decreasing probation period; criteria for mandatory reduction; report. Establishes criteria for which a defendant's supervised probation period shall be reduced, including completing qualifying educational activities, maintaining verifiable employment, and complying with or completing any state-certified or state-approved mental health or substance abuse treatment program. The bill provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and in the interests of justice and may do so without a hearing. The bill also directs the Department of Corrections to meet with relevant stakeholders and provide to the General Assembly by November 1, 2024, a report regarding certain probation practices. The provisions of the bill, other than the requirement that the Department submit a report to the General Assembly, are subject to reenactment by the 2025 Session of the General Assembly. This bill is identical to HB 457.

SUMMARY AS PASSED SENATE:

Department of Corrections; probation modification; report. Directs the Department of Corrections to meet with the Virginia Probation and Parole Association, criminal justice reform organizations, and other relevant stakeholders and provide a report to the General Assembly, no later than November 1, 2024, that describes (i) current probation practices regarding the monitoring of participation in education, employment, treatment, and other programs and the submission of requests for probation modification based on such participation and (iii) how such practices compare to the processes and practices that would have been established pursuant to SB 80, as reported by the Senate Committee on Rehabilitation and Social Services.

SUMMARY AS INTRODUCED:

Prisoner reentry; Department of Corrections. Requires the Department of Corrections to develop and implement a certificate of rehabilitation program for the purposes of assisting an inmate's successful transition from prison to society upon the person's discharge. The bill provides that no person who is awarded a certificate of rehabilitation shall have such person's criminal history constitute a barrier to employment.

The bill also provides that no person shall be refused a license, certificate, or registration to practice, pursue, or engage in any regulated occupation or profession within the Department of Health Professions solely because of a prior criminal conviction, unless the criminal conviction directly relates to the occupation or profession for which the license, certificate, or registration is sought.

The bill also establishes criteria for which a court must reduce a defendant's probation period, including completing qualifying educational activities, maintaining verifiable employment, and completing a mental health or substance abuse treatment program. The bill also provides that a court may decrease a defendant's probation period if warranted by the defendant's conduct and in the interests of justice and may do so without a hearing.