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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SPECIAL SESSION II
LD9197812Patrons--Forbes, Croshaw, Albo, Almand, Armstrong, Baker, Ball, Barlow, Behm, Bennett, Bloxom, Brickley, Callahan, Cantor, Clement, Cooper, Copeland, Councill, Cox, Crouch, Davies, Deeds, Dickinson, Dillard, Dudley, Fisher, Giesen, Griffith, Guest, Hamilton, Hargrove, Harris, Heilig, Howell, Ingram, Jackson, Johnson, Katzen, Keating, Kidd, Kilgore, Marshall, May, McClure, McDonnell, Miller, Mims, Moore, Morgan, Moss, Nelms, Newman, Nixon, O'Brien, Orrock, Parrish, Phillips, Plum, Purkey, Putney, Reid, Reynolds, Rhodes, Rollison, Ruff, Sherwood, Shuler, Spruill, Tata, Wagner, Wardrup, Watkins, Way and Wilkins; Senators: Earley, Goode, Quayle and Stolle
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.5, 2.1-20.4, 2.1-51.18, 9-6.23, as it is effective and as it will become effective, 9-6.25:1, 18.2-10, 19.2-297.1, 53.1-20, 53.1-20.1, 53.1-32.1, 53.1-145, as it is effective and as it may become effective, 53.1-187, 53.1-189 and 53.1-191 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 9 a chapter numbered 43, consisting of sections numbered 9-334 through 9-339, by adding sections numbered 19.2-295.2 and 19.2-298.01, by adding in Article 3 of Chapter 4 of Title 53.1 a section numbered 53.1-165.1, by adding in Article 2 of Chapter 6 of Title 53.1 a section numbered 53.1-197.1, by adding in Article 3 of Chapter 6 of Title 53.1 a section numbered 53.1-202.1, and by adding in Chapter 6 of Title 53.1 an article numbered 4, consisting of sections numbered 53.1-202.2, 53.1-202.3 and 53.1-202.4, as follows:
§ 2.1-1.5. Entities not subject to standard nomenclature.
The following entities are not subject to the provisions of § 2.1-1.2 due to the unique characteristics or enabling legislation of the entities:
Richmond Eye and Ear Hospital Authority.
Small Business Financing Authority.
State Education Assistance Authority.
Virginia Agriculture Development Authority.
Virginia College Building Authority.
Virginia Education Loan Authority.
Virginia Housing Development Authority.
Virginia Innovative Technology Authority.
Virginia Port Authority.
Virginia Public Building Authority.
Virginia Public School Authority.
Virginia Resources Authority.
Virginia Student Assistance Authorities.
Board of Commissioners, Virginia Agriculture Development Authority.
Board of Commissioners, Virginia Port Authority.
Board of Directors, Richmond Eye and Ear Hospital Authority.
Board of Directors, Small Business Financing Authority.
Board of Directors, Virginia Student Assistance Authorities.
Board of Directors, Virginia Innovative Technology Authority.
Board of Directors, Virginia Resources Authority.
Board of Regents, Gunston Hall Plantation.
Board of Regents, James Monroe Memorial Law Office and Library.
Board of Trustees, Family and Children's Trust Fund.
Board of Trustees, Frontier Culture Museum of Virginia.
Board of Trustees, Jamestown-Yorktown Foundation.
Board of Trustees, Miller School of Albemarle.
Board of Trustees, Rural Virginia Development Foundation.
Board of Trustees, The Science Museum of Virginia.
Board of Trustees, Virginia Museum of Fine Arts.
Board of Trustees, Virginia Museum of Natural History.
Board of Trustees, Virginia Outdoor Foundation.
(Effective July 1, 1996) Board of the Virginia Higher Education Tuition Trust Fund.
Board of Visitors, Christopher Newport University.
Board of Visitors, The College of William and Mary in Virginia.
Board of Visitors, George Mason University.
Board of Visitors, Gunston Hall Plantation.
Board of Visitors, James Madison University.
Board of Visitors, Longwood College.
Board of Visitors, Mary Washington College.
Board of Visitors to Mount Vernon.
Board of Visitors, Norfolk State University.
Board of Visitors, Old Dominion University.
Board of Visitors, Radford University.
Board of Visitors, University of Virginia.
Board of Visitors, Virginia Commonwealth University.
Board of Visitors, Virginia Military Institute.
Board of Visitors, Virginia Polytechnic Institute and State University.
Board of Visitors, Virginia State University.
Governing Board, Virginia College Building Authority.
Governing Board, Virginia Public School Authority.
Library Board, The Library of Virginia.
State Board for Community Colleges, Virginia Community College System.
Alexandria Historical Restoration and Preservation Commission.
Chesapeake Bay Bridge and Tunnel Commission.
Hampton Roads Sanitation District Commission.
Virginia Criminal Sentencing Commission.
Chesapeake Bay Bridge and Tunnel District.
Hampton Roads Sanitation District.
Christopher Newport University.
College of William and Mary in Virginia.
Frontier Culture Museum of Virginia.
George Mason University.
James Madison University.
Jamestown-Yorktown Foundation.
Longwood College.
Mary Washington College.
Miller School of Albemarle.
Norfolk State University.
Old Dominion University.
Radford University.
The Science Museum of Virginia.
University of Virginia.
Virginia Commonwealth University.
Virginia Community College System.
Virginia Military Institute.
Virginia Museum of Fine Arts.
Virginia Polytechnic Institute and State University.
The Library of Virginia.
Virginia State University.
Chippokes Plantation Farm Foundation.
Rural Virginia Development Foundation.
Virginia Conservation and Recreation Foundation.
Virginia Historic Preservation Foundation.
Virginia Outdoor Foundation.
Virginia Museum of Natural History.
Gunston Hall Plantation.
Virginia Retirement System.
§ 2.1-20.4. Bodies receiving compensation.
A. Notwithstanding any other provision of law, the following commissions, boards, etc., shall be those which receive compensation from state funds pursuant to § 2.1-20.3:
Accountancy, Board for
Agriculture and Consumer Services, Board of
Air Pollution Control Board, State
Airports Authority, Virginia
Apprenticeship Council
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Building Code Technical Review Board, State
Chesapeake Bay Local Assistance Board
Child Day Care and Early Childhood Programs, Virginia Council on
Coal Mining Examiners, Board of
College Building Authority
Commonwealth Transportation Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Correctional Education, Board of
Corrections, Board of
Cosmetology, Board for
Criminal Justice Services Board
Deaf and Hard-of-Hearing, Advisory Board for the
Dentistry, Board of
Education, State Board of
Education Loan Authority, Virginia - Board of Directors
Elections, State Board of
Environment, Council on the
Fire Services Board, Virginia
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Health, State Board of
Health Professions, Board of
Hearing Aid Specialists, Board for
Higher Education, State Council of
Historic Resources, Board of
Housing and Community Development, Board of
Information Management, Council on
Marine Resources Commission
Medical Assistance Services, Board of
Medical Complaint Investigation Committee
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Milk Commission
Mineral Mining Examiners, Board of
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Pesticide Control Board
Pharmacy, Board of
Physical Therapy, Advisory Board on
Port Authority, Board of Commissioners of the Virginia
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychology, Board of
Public Defender Commission
Public School Authority, Virginia
Purchases and Supply Appeals Board
Real Estate Appraiser Board
Real Estate Board
Recreation Specialists, Board of
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Safety and Health Codes Board
Seed Potato Board
Social Services, Board of
Social Work, Board of
State Health Department Sewage Handling and Disposal Appeal Review Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Treasury Board
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Criminal Sentencing Commission
Virginia Health Planning Board
Virginia Manufactured Housing Board
Virginia Veterans Care Center Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Waste Management Facility Operators, Board for
Water Control Board, State
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Individual members of boards, commissions, committees, councils, and other similar bodies appointed at the state level and receiving compensation for their services on January 1, 1980, but who will not receive compensation under the provisions of this article, shall continue to receive compensation at the January 1, 1980, rate until such member's current term expires.
§ 2.1-51.18. Agencies for which responsible.
The Secretary of Public Safety shall be responsible to the Governor for the following agencies: Department of Alcoholic Beverage Control, Department of Corrections, Department of Youth and Family Services, Department of Correctional Education, Department of Criminal Justice Services, Virginia Parole Board, Virginia Criminal Sentencing Commission, Department of Emergency Services, Department of Military Affairs, Department of State Police, Department of Fire Programs and the Commonwealth's Attorneys' Services Council. The Governor may, by executive order, assign any other state executive agency to the Secretary of Public Safety, or reassign any agency listed above to another secretary.
§ 9-6.23. (Effective until July 1, 1995) Prohibition against service by legislators on boards and commissions within the executive branch.
Members of the General Assembly shall be ineligible to serve on boards and
commissions within the executive branch which are responsible for
administering programs established by the General Assembly. Such prohibition
shall not extend to boards and commissions engaged solely in policy studies
or commemorative activities. If any law directs the appointment of any member
of the General Assembly to a board or commission in the executive branch
which is responsible for administering programs established by the General
Assembly, such portion of such law shall be void, and the Governor shall
appoint another person from the Commonwealth at large to fill such a
position. The provisions of this section shall not apply, however, to members
of the Board for Branch Pilots, who shall be appointed as provided for in §
54.1-901; to members of the Board on Veterans' Affairs, who shall be
appointed as provided for in § 2.1-741; to members of the Council on Indians,
who shall be appointed as provided for in § 9-138.1; to members of the
Virginia Technology Council, who shall be appointed as provided for in §
9-145.51; to members of the Board of Trustees of the Southwest Virginia
Higher Education Center, who shall be appointed as provided in § 23-231.3; to
members of the Maternal and Child Health Council, who shall be appointed as
provided for in § 9-318; to members of the Virginia Interagency Coordinating
Council who shall be appointed as provided in § 2.1-750; to members of the
Advisory Council on the Virginia Business-Education Partnership Program, who
shall be appointed as provided in § 9-326; to members of the Workforce 2000
Advocacy Council, who shall be appointed as provided in § 2.1-116.18;
or to members of the Advisory Commission on Welfare Reform who
shall be appointed as provided in § 63.1-133.44; or to members of the
Virginia Criminal Sentencing Commission who shall be appointed as provided in
§ 9-335.
§ 9-6.23. (Effective July 1, 1995) Prohibition against service by legislators on boards and commissions within the executive branch.
Members of the General Assembly shall be ineligible to serve on boards and
commissions within the executive branch which are responsible for
administering programs established by the General Assembly. Such prohibition
shall not extend to boards and commissions engaged solely in policy studies
or commemorative activities. If any law directs the appointment of any member
of the General Assembly to a board or commission in the executive branch
which is responsible for administering programs established by the General
Assembly, such portion of such law shall be void, and the Governor shall
appoint another person from the Commonwealth at large to fill such a
position. The provisions of this section shall not apply, however, to members
of the Board for Branch Pilots, who shall be appointed as provided for in §
54.1-901; to members of the Board on Veterans' Affairs, who shall be
appointed as provided for in § 2.1-741; to members of the Council on Indians,
who shall be appointed as provided for in § 9-138.1; to members of the
Virginia Technology Council, who shall be appointed as provided for in §
9-145.51; to members of the Board of Trustees of the Southwest Virginia
Higher Education Center, who shall be appointed as provided in § 23-231.3; to
members of the Maternal and Child Health Council, who shall be appointed as
provided for in § 9-318; to members of the Virginia Interagency Coordinating
Council who shall be appointed as provided in § 2.1-750; to members of the
Advisory Council on the Virginia Business-Education Partnership Program, who
shall be appointed as provided in § 9-326; or to members of the
Advisory Commission on Welfare Reform, who shall be appointed as provided in
§ 63.1-133.44; or to members of the Virginia Criminal Sentencing
Commission who shall be appointed as provided in § 9-335.
§ 9-6.25:1. Advisory boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following advisory boards, commissions and councils within the executive branch:
Advisory Board for the Department for the Deaf and Hard-of-Hearing
Advisory Board for the Department for the Aging
Advisory Board on Child Abuse and Neglect
Advisory Board on Medicare and Medicaid
Advisory Board on Occupational Therapy
Advisory Board on Physical Therapy to the Board of Medicine
Advisory Board on Rehabilitation Providers
Advisory Board on Respiratory Therapy to the Board of Medicine
Advisory Board on Teacher Education and Licensure
Advisory Council on Revenue Estimates
Advisory Council on the Virginia Business-Education Partnership Program
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Art and Architectural Review Board
(Effective until July 1, 1995) Board for the Visually Handicapped
Board of Directors, Virginia Truck and Ornamentals Research Station
Board of Forestry
Board of Military Affairs
Board of Rehabilitative Services
Board of Transportation Safety
Board of Trustees of the Family and Children's Trust Fund
Board of Visitors, Gunston Hall Plantation
Board on Veterans' Affairs
Catoctin Creek State Scenic River Advisory Board
Cave Board
Chickahominy State Scenic River Advisory Board
Clinch Scenic River Advisory Board
Coal Surface Mining Reclamation Fund Advisory Board
Council on Indians
Council on the Status of Women
Debt Capacity Advisory Committee
Emergency Medical Services Advisory Board
Falls of the James Committee
Film Office Advisory Board
Forensic Science Advisory Board
Goose Creek Scenic River Advisory Board
Governor's Council on Alcohol and Drug Abuse Problems
Governor's Mined Land Reclamation Advisory Committee
Hemophilia Advisory Board
Human Services Information and Referral Advisory Council
Industrial Development Services Advisory Board
Interagency Coordinating Council on Housing for the Disabled
Interdepartmental Board of the State Department of Minority Business Enterprise
Laboratory Services Advisory Board
Local Advisory Board to the Blue Ridge Community College
Local Advisory Board to the Central Virginia Community College
Local Advisory Board to the Dabney S. Lancaster Community College
Local Advisory Board to the Danville Community College
Local Advisory Board to the Eastern Shore Community College
Local Advisory Board to the Germanna Community College
Local Advisory Board to the J. Sargeant Reynolds Community College
Local Advisory Board to the John Tyler Community College
Local Advisory Board to the Lord Fairfax Community College
Local Advisory Board to the Mountain Empire Community College
Local Advisory Board to the New River Community College
Local Advisory Board to the Northern Virginia Community College
Local Advisory Board to the Patrick Henry Community College
Local Advisory Board to the Paul D. Camp Community College
Local Advisory Board to the Piedmont Virginia Community College
Local Advisory Board to the Rappahannock Community College
Local Advisory Board to the Southwest Virginia Community College
Local Advisory Board to the Thomas Nelson Community College
Local Advisory Board to the Tidewater Community College
Local Advisory Board to the Virginia Highlands Community College
Local Advisory Board to the Virginia Western Community College
Local Advisory Board to the Wytheville Community College
Long-Term Care Council
Maternal and Child Health Council
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Migrant and Seasonal Farmworkers Board
Motor Vehicle Dealer's Advisory Board
Nottoway State Scenic River Advisory Board
Personnel Advisory Board
Plant Pollination Advisory Board
Private College Advisory Board
Private Enterprise Commission
Private Security Services Advisory Board
Psychiatric Advisory Board
Radiation Advisory Board
Rappahannock Scenic River Advisory Board
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
St. Mary's Scenic River Advisory Committee
State Advisory Board on Air Pollution
State Advisory Board for the Virginia Employment Commission
State Building Code Technical Review Board
State Council on Local Debt
State Health Benefits Advisory Council
State Insurance Advisory Board
State Land Evaluation Advisory Council
State Networking Users Advisory Board
State Public Records Advisory Council
Statewide Independent Living Council
Statewide Rehabilitation Advisory Council
Statewide Rehabilitation Advisory Council for the Blind
Staunton Scenic River Advisory Committee
Telecommunications Relay Service Advisory Board
Tourism and Travel Services Advisory Board
Toxic Substances Advisory Board
Virginia Advisory Commission on Intergovernmental Relations
Virginia Advisory Council for Adult Education and Literacy
Virginia Coal Mine Safety Board
Virginia Coal Research and Development Advisory Board
Virginia Commission for the Arts
Virginia Commission on the Bicentennial of the United States Constitution
Virginia Council on Coordinating Prevention
Virginia Criminal Sentencing Commission
Virginia Equal Employment Opportunity Council
Virginia Interagency Coordinating Council
Virginia Military Advisory Council
Virginia Public Buildings Board
Virginia Recycling Markets Development Council
Virginia Technology Council
Virginia Transplant Council
Virginia Water Resources Research Center, Statewide Advisory Board
Virginia Winegrowers Advisory Board.
§ 9-334. Virginia Criminal Sentencing Commission created.
There is hereby created within the executive branch the Virginia Criminal Sentencing Commission, hereinafter referred to in this chapter as the Commission.
§ 9-335. Membership; compensation.
A. The Commission shall be composed of twenty-one members as follows:
1. Four members of the House of Delegates, to be appointed by the Speaker of the House;
2. Three members of the Senate, to be appointed by the Senate Committee on Privileges and Elections;
3. A justice of the Supreme Court of Virginia or a judge of the Court of Appeals of Virginia, to be appointed by the Chief Justice of the Supreme Court of Virginia;
4. Two circuit court judges, to be appointed by the Chief Justice of the Supreme Court of Virginia;
5. An attorney for the Commonwealth from a rural area, to be appointed by the Governor;
6. An attorney for the Commonwealth from a metropolitan area, to be appointed by the Governor;
7. A sheriff, to be appointed by the Governor;
8. A chief of police, to be appointed by the Governor;
9. Four citizens of the Commonwealth, at least three of whom have been victims of crime, to be appointed by the Governor;
10. The Attorney General or his designee;
11. The Secretary of Public Safety or his designee; and
12. A Chairman of the Commission, appointed by the Governor subject to confirmation by the General Assembly.
B. Appointments to the Commission shall be for terms of three years. Members shall not be eligible to serve more than two consecutive full terms, except the Attorney General and the Secretary of Public Safety. All initial appointments to the Commission shall be made at the earliest possible time so that the Commission may begin its work immediately after the effective date of this chapter.
C. Notwithstanding the provisions of § 2.1-20.3, members of the Commission shall receive compensation as provided in § 14.1-18 and shall be paid their necessary expenses incurred in the performance of their duties.
§ 9-336. Powers and duties.
The Commission shall:
1. Develop, maintain and modify as may be deemed necessary, a proposed system of statewide discretionary sentencing guidelines for use in all felony cases which will take into account historical data concerning time actually served for various felony offenses committed prior to January 1, 1995, and sentences imposed for various felony offenses committed on or after January 1, 1995, and which will reflect appropriate sentencing recommendations for all felony offenders;
2. Prepare, periodically update, and distribute sentencing worksheets for the use of sentencing courts which, when used, will produce a recommended sentencing range for a felony offense in accordance with the discretionary sentencing guidelines established pursuant to subdivision 1;
3. Prepare, periodically update, and distribute a form for the use of sentencing courts which will assist such courts in recording the reason or reasons for any sentence imposed in a felony case which is greater or less than the sentence recommended by the discretionary sentencing guidelines;
4. Monitor sentencing practices in felony cases throughout the Commonwealth, including the use of and compliance with the discretionary sentencing guidelines, and maintain a database containing the information obtained through the monitoring process;
5. Monitor felony sentence lengths, crime trends, correctional facility population trends and correctional resources and make recommendations regarding projected correctional facilities capacity requirements and related correctional resource needs;
6. Study felony statutes in the context of judge- and jury-sentencing patterns as they evolve after January 1, 1995, and make recommendations for the revision of general criminal offense statutes to provide more specific offense definitions and more narrowly prescribed ranges of punishment;
7. Report upon its work and recommendations annually on or before December 1 to the General Assembly, the Governor and the Chief Justice of the Supreme Court of Virginia; and
8. Perform such other functions as may be otherwise required by law or as may be necessary to carry out the provisions of this chapter.
§ 9-337. Meetings; staff support.
A. Regular meetings of the Commission shall be held on a quarterly basis and at such other times as the Chairman may determine or upon the call of at least five members of the Commission. Eleven members of the Commission shall constitute a quorum.
B. Staff support for the Commission shall be provided by the Criminal Justice Research Center with assistance from the following agencies: the Department of Corrections, the Virginia Parole Board, the Department of Planning and Budget, the Department of Criminal Justice Services, the Executive Secretary of the Supreme Court of Virginia, and the staffs of the Senate Finance Committee and the House of Delegates Appropriations Committee.
§ 9-338. Adoption of initial discretionary sentencing guideline midpoints.
A. As used in this chapter, "midpoint" means, for each felony offense, the average (mean) term of confinement upon a conviction for that felony offense as recommended in the discretionary sentencing guidelines.
B. At its first meeting, to be held no later than January 31, 1995, the Commission shall adopt an initial set of discretionary felony sentencing guidelines. The midpoint of the initial recommended sentencing range for each felony offense shall be determined by computing the average (mean) time served upon a conviction for that offense during the base period of calendar years 1988 through 1992, increased by 13.4 percent, and subject to the following additional enhancements:
1. The midpoint of the initial recommended sentencing range for first degree murder, second degree murder, voluntary manslaughter, forcible rape, forcible sodomy, aggravated sexual battery, robbery through use of a firearm, aggravated malicious wounding, malicious wounding, and burglary and its related offenses as defined in Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2, shall be further increased by (i) 100 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense with a maximum punishment of less than forty years, or (iii) 700 percent in cases in which the defendant has previously been convicted of a violent felony offense with a maximum punishment of forty years or more, except that the recommended sentence for a defendant convicted of first degree murder who has a criminal history as described in this clause shall be imprisonment for life;
2. The midpoint of the initial recommended sentencing range for manufacturing, selling, giving or distributing, or possessing with the intent to manufacture, sell, give or distribute ten grams or more of a Schedule I or II controlled substance shall be increased by (i) 50 percent in cases in which the defendant has no previous conviction of a violent felony offense, (ii) 300 percent in cases in which the defendant has previously been convicted of a violent felony offense with a maximum punishment of less than forty years, or (iii) 700 percent in cases in which the defendant has previously been convicted of a violent felony offense with a maximum punishment of forty years or more; and
3. The midpoint of the initial recommended sentencing range for felony offenses not specified in subdivision 1 or 2 shall be increased by 300 percent in cases in which the defendant has a criminal history as described in clause (ii) of subdivision 1 and by 500 percent in cases in which the defendant has a criminal history as described in clause (iii) of subdivision 1.
C. For purposes of this section, previous convictions shall include prior adult convictions and juvenile convictions and adjudications of delinquency under the laws of any state, the District of Columbia, the United States or its territories. Violent felony offenses shall include any violation of §§ 18.2-22, 18.2-25, 18.2-26, 18.2-31, 18.2-32, 18.2-33, 18.2-35, 18.2-36 or 18.2-41; any felony violation of Article 3 (§ 18.2-47 et seq.) of Chapter 4 of Title 18.2; any violation of §§ 18.2-51, 18.2-51.1, 18.2-51.2, 18.2-52, 18.2-53, 18.2-54.1, 18.2-54.2, § 18.2-55, or any felony violation of § 18.2-57.2; any violation of § 18.2-58.1; any felony violation of Article 6 (§ 18.2-59 et seq.) of Chapter 4 of Title 18.2; any violation of §§ 18.2-61, 18.2-64.1, 18.2-67.1, 18.2-67.2, 18.2-67.2:1, 18.2-67.3, or any felony violation of §§ 18.2-63 or 18.2-67.5; any violation of subsection A of § 18.2-77; any Class 3 felony violation of § 18.2-79 or § 18.2-80; any violation of Article 2 (§ 18.2-89 et seq.) of Chapter 5 of Title 18.2; any grand larceny from the person in violation of § 18.2-95; any felony violation of § 18.2-152.7; any violation of § 18.2-154; any Class 2 or 3 felony violation of §18.2-162; any violation of § 18.2-279 involving an occupied dwelling; any violation of § 18.2-289; any violation of subsection A of § 18.2-300; any violation of §§ 18.2-355, 18.2-356, 18.2-357, 18.2-358, or 18.2 -361; any violation of §§ 18.2-362, 18.2-367, 18.2-368, 18.2-370, 18.2-370.1, or 18.2-371.1; any violation of subsection B of § 18.2-366; any felony violation of § 18.2-369; any violation of § 18.2-374.1; any felony violation of § 18.2-374.1:1; any second or subsequent offense under § 18.2-379; any felony violation of § 18.2-405 or § 18.2-406; any violation of §§ 18.2-408, 18.2-413 or § 18.2-414; any felony violation of § 18.2-460 or § 18.2-477.1; any violation of §§ 18.2-477, 18.2-478 or § 18.2-480; any felony violation of § 29.1-740; or any felony violation as described in § 46.2-900; and any substantially similar offense under the laws of any state, the District of Columbia, the United States or its territories.
§ 9-339. Sentencing guidelines modifications; legislative review; effective date.
Unless otherwise provided by law, any modification to a discretionary sentencing guideline midpoint proposed by the Commission shall be contained in the annual report required under § 9-336 and shall become effective on the first day of the next following July.
§ 18.2-10. Punishment for conviction of felony.
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term not less than twenty years and, subject to subdivision (g), a fine of not more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than twenty years and, subject to subdivision (g), a fine of not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than ten years and, subject to subdivision (g), a fine of not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than ten years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only.
For any felony offense committed on or after January 1, 1995, the court is authorized to impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require; however, such additional term may only be imposed when the sentence includes an active term of incarceration in a state or local correctional facility.
§ 19.2-295.2. Post-release supervision of felons sentenced for offenses committed on and after January 1, 1995.
A. At the time the court fixes sentence upon a conviction for any felony offense committed on or after January 1, 1995, the court shall, in addition to any other punishment imposed if such other punishment includes an active term of incarceration in a state or local correctional facility, impose an additional term of not less than six months nor more than three years, as the court may determine. Such additional term shall be suspended and the releasee placed under post-release supervision upon release from the active term of incarceration. The period of supervision shall be established by the court; however, such period shall not be less than six months nor more than three years.
B. The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the releasee shall abide by such terms and conditions as the court may establish. Failure to successfully abide by such terms and conditions shall be grounds to terminate the period of post-release supervision and recommit the releasee to the correctional facility from which he was previously released. Procedures for any such termination and recommitment shall be conducted in the same manner as procedures for the revocation of probation and imposition of a suspended sentence.
C. Post-release supervision programs shall be operated through the probation and parole districts established pursuant to § 53.1-141.
D. Periods of post-release supervision imposed pursuant to this section upon more than one felony conviction may be ordered to run concurrently; however, any person released from incarceration after serving a sentence imposed upon a conviction for a felony offense committed on or after January 1, 1995, shall be subject to at least one court-ordered period of post-release supervision.
E. Nothing in this section shall be construed to prohibit the court from exercising the authority granted pursuant to § 19.2-303.
§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies.
A. Any person convicted of two or more separate acts of violence when such offenses were not part of a common act, transaction or scheme, and who has been at liberty as defined in 53.1-151 between each conviction, shall, upon conviction of a third or subsequent act of violence, be sentenced to life imprisonment and shall not have all or any portion of the sentence suspended, provided it is admitted, or found by the jury or judge before whom he is tried, that he has been previously convicted of two or more such acts of violence. For the purposes of this section, "act of violence" means (i) any one of the following violations of Chapter 4 (§ 18.2-30 et seq.) of Title 18.2:
a. First and second degree murder and voluntary manslaughter under Article 1 (§ 18.2-30 et seq.);
b. Mob-related felonies under Article 2 (§ 18.2-38 et seq.);
c. Any kidnapping or abduction felony under Article 3
(§ 18.2-47 et seq.);
d. Any malicious felonious assault or malicious bodily wounding under Article 4 (§ 18.2-51 et seq.);
e. Robbery under § 18.2-58 and carjacking under § 18.2-58.1; or
f. Any criminal sexual assault punishable as a felony under Article 7 (§ 18.2-61 et seq.);
(ii) conspiracy to commit any of the violations enumerated in clause (i) of this section; and (iii) violations as a principal in the second degree or accessory before the fact of the provisions enumerated in clause (i) of this section.
B. Prior convictions shall include convictions under the laws of any state or of the United States for any offense substantially similar to those listed under "act of violence" if such offense would be a felony if committed in the Commonwealth.
The Commonwealth shall notify the defendant in writing, at least thirty days prior to trial, of its intention to seek punishment pursuant to this section.
C. Any person sentenced to life imprisonment pursuant to this section shall not be eligible for parole and shall not be eligible for any good conduct allowance or any earned sentence credits under Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. However, any person subject to the provisions of this section who has reached the age of sixty-five or older and who has served at least five years of the sentence imposed may petition the Parole Board for conditional release. The Parole Board shall promulgate regulations to implement the provisions of this subsection.
§ 19.2-298.01. Use of discretionary sentencing guidelines.
A. In all felony cases, no sentence shall be imposed upon a conviction until the court has (i) had presented to it the appropriate discretionary sentencing guidelines worksheets and (ii) reviewed and maturely considered the suitability of the applicable discretionary sentencing guidelines established pursuant to Chapter 43 (§ 9-334 et seq.) of Title 9. Before pronouncing sentence, the court shall cause the record of the case to reflect that such review and consideration has been accomplished.
B. In any felony case in which the court imposes a sentence which is either greater or less than that contemplated by the discretionary sentencing guidelines, the court shall file with the record of the case a written explanation of such departure.
C. In felony cases tried by a jury and in felony cases tried by the court without a jury upon a plea of not guilty, the court shall direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets. In felony cases tried upon a plea of guilty, including cases which are the subject of a plea agreement, the court may direct a probation officer of such court to prepare the discretionary sentencing guidelines worksheets, or, with the concurrence of the accused, the court and the attorney for the Commonwealth, the worksheets may be prepared by the attorney for the Commonwealth.
D. Except as provided in subsection E, discretionary sentencing guidelines worksheets and any written departure explanation prepared pursuant to this section shall be subject to the same requirements of distribution, confidentiality and filing as presentence investigation reports prepared pursuant to subsection A of § 19.2-299.
E. Following the entry of a final order of conviction and sentence in a felony case, the clerk of the circuit court in which the case was tried shall cause a copy of such order or orders, a copy of the discretionary sentencing guidelines worksheets prepared in the case, and a copy of any departure explanation prepared pursuant to subsection D to be forwarded to the Virginia Criminal Sentencing Commission. As may be convenient, the clerk may elect to hold such documents and forward them at a later time when he has accumulated documents from several cases; however, no such documents may be held by the clerk for a period of time in excess of three months.
F. The failure to follow any or all of the provisions of this section or the failure to follow any or all of the provisions of this section in the prescribed manner shall not be reviewable on appeal.
§ 53.1-20. Commitment of convicted persons to custody of Director.
A. Beginning July 1, 1996, every person convicted of a felony and sentenced
to the Department for a total period of more than two years six
months shall be committed by the court to the custody of the Director
of the Department. The Director shall receive all such persons into the state
corrections system within sixty days of his receipt of the complete final
order from the clerk of the committing court.
B. Until July 1, 1996, persons convicted of felonies and sentenced to the Department shall be committed to the custody of the Department and received by the Director into the state corrections system within sixty days of his receipt of the complete final order from the clerk of the committing court as follows:
1. From July 1, 1991, through June 30, 1992, all persons sentenced for a total period of more than six years.
2. From July 1, 1992, through June 30, 1993, all persons sentenced for a total period of more than five years.
3. From July 1, 1993, through June 30, 1994, all persons sentenced for a total period of more than four years.
4. From July 1, 1994, through June 30, 1996, all persons sentenced for a total period of more than three years for a felony offense committed before January 1, 1995, and all persons sentenced for a total period of more than one year for a felony offense committed on or after January 1, 1995.
5. From July 1, 1996, and thereafter, all persons sentenced for a total
period of more than two years six months.
C. If the Governor finds that the number of prisoners in state facilities poses a threat to public safety, it shall be within the discretion of the Director to determine the priority for receiving prisoners into the state corrections system from local correctional facilities.
D. All felons sentenced to a period of incarceration and not placed in an adult state correctional facility pursuant to this section shall serve their sentences in local correctional facilities which shall not include a secure facility or detention home or local juvenile detention homes as defined in § 16.1-228.
E. Felons committed to the custody of the Department for a new felony offense shall be received by the Director into the state corrections system in accordance with the provisions of this section without any delay for resolution of (i) issues of alleged parole violations set for hearing before the Parole Board or (ii) any other pending parole-related administrative matter.
§ 53.1-20.1. Compensation of local jails for cost of incarceration.
Beginning July 1, 1996, if the Director is unable to accommodate in a state
correctional facility any convicted state felon who is sentenced to a total
period of more than two years six months in a state
correctional facility, the Department of Corrections shall compensate local
jails for the cost of incarceration beginning sixty days after the date of
sentencing of such felon as provided for in the general appropriations act.
Between July 1, 1991, and July 1, 1996, the Department shall compensate local
jails, as provided for in the appropriations act, (i) for the cost of
incarceration, on and after the date of sentencing, of any felon sentenced to
the Department for a felony committed before January 1, 1995,
whose sentence totals more than two years and whose transfer to a state
correctional facility is not yet required pursuant to § 53.1-20
and , (ii) for the cost of incarceration, on and
after the date of sentencing, of any felon sentenced to the Department for a
felony committed on or after January 1, 1995, whose sentence totals more that
six months and whose transfer to a state correctional facility is not yet
required pursuant to § 53.1-20, (iii) for the cost of incarceration of
any felon sentenced to the Department for a felony committed before
January 1, 1995, whose sentence totals more than two years and whose
transfer to a state correctional facility is required pursuant to § 53.1-20
and who remains in the local jail for longer than sixty days after the
Director's receipt of the complete final order sentencing such felon and
(iv) for the cost of incarceration of any felon sentenced to the Department
for a felony committed on or after January 1, 1995, whose sentence totals
more than six months and whose transfer to a state correctional facility is
required pursuant to § 53.1-20 and who remains in the local jail for longer
than sixty days after the Director's receipt of the complete final order
sentencing such felon.
§ 53.1-32.1. Classification system; program assignments; mandatory participation.
A. The Director shall maintain a system of classification which (i) evaluates all prisoners according to background, aptitude, education, and risk and (ii) based on an assessment of needs, determines appropriate program assignments including vocational and technical training, work activities and employment, academic activities which at a minimum meet the requirements of § 22.1-344.1, counseling, alcohol and substance abuse treatment, and such related activities as may be necessary to assist prisoners in the successful transition to free society and gainful employment.
B. The Director shall, subject to the availability of resources and sufficient program assignments, place prisoners in appropriate full-time program assignments or a combination thereof to satisfy the objectives of a treatment plan based on an assessment and evaluation of each prisoner's needs. Compliance with specified program requirements and attainment of specific treatment goals shall be required as a condition of placement and continuation in such program assignments. The Director may suspend programs in the event of an institutional emergency.
C. For the purposes of implementing the requirements of subsection B, prisoners shall be required to participate in such programs according to the following schedule:
1. From July 1, 1994, through June 30, 1995, an average of twenty-four hours per week.
2. From July 1, 1995, through June 30, 1996, an average of twenty-eight hours per week.
3. From July 1, 1996, through June 30, 1997, an average of thirty hours per week.
4. From July 1, 1997, through June 30, 1998, an average of thirty-six hours per week.
5. From July 1, 1998, and thereafter, an average of forty hours per week.
D. Notwithstanding any other provision of law, prisoners refusing to accept a program assignment shall not be eligible for good conduct allowances or earned sentence credits authorized pursuant to Chapter 6 (§ 53.1-186 et seq.) of Title 53.1. Such refusal shall also constitute a violation of the rules authorized pursuant to § 53.1-25 and the Director shall prescribe appropriate disciplinary action.
E. The Director shall maintain a master program listing, by facility and program location, of all available permanent and temporary positions. The Director may, consistent with § 53.1-43 and subject to the approval of the Board, establish a system of pay incentives for such assignments based upon difficulty and level of effort required.
F. Inmates employed pursuant to Article 2 (§ 53.1-32 et. seq.) of Chapter 2 of this title shall not be deemed employees of the Commonwealth of Virginia or its agencies and shall be ineligible for benefits under Chapter 10 (§ 2.1-110 et seq.) of Title 2.1, Chapter 6 (§ 60.2-600 et seq.) of Title 60.2, Chapter 5 (§ 65.2-500 et seq.) of Title 65.2 or any other provisions of the Code pertaining to the rights of state employees.
§ 53.1-145. (For effective date - See notes) Powers and duties of probation and parole officers.
In addition to other powers and duties prescribed by this article, each probation and parole officer shall:
1. Investigate and report on any case pending in any court or before any judge in his jurisdiction referred to him by the court or judge;
2. Supervise and assist all persons within his territory placed on probation or post-release supervision pursuant to § 19.2-295.2, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and furnish every such person with a written statement of the conditions of his probation or post-release supervision and instruct him therein;
3. Supervise and assist all persons within his territory released on parole, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and, in his discretion, assist any person within his territory who has completed his parole or has been mandatorily released from any correctional facility in the Commonwealth and requests assistance in finding a place to live, finding employment, or in otherwise becoming adjusted to the community;
4. Arrest and recommit to the place of confinement from which he was released, or in which he would have been confined but for the suspension of his sentence or of its imposition, for violation of the terms of probation, post-release supervision pursuant to § 19.2-295.2 or parole, any probationer, person subject to post-release supervision or parolee under his supervision, or as directed by the Chairman, Board member or the court, pending a hearing by the Board or the court, as the case may be;
5. Keep such records, make such reports, and perform other duties as may be required of him by the Director or by regulations prescribed by the Board of Corrections, and the court or judge by whom he was appointed;
6. Order and conduct, in his discretion, drug and alcohol screening tests of any probationer, person subject to post-release supervision pursuant to § 19.2-295.2 or parolee under his supervision who the officer has reason to believe is engaged in the illegal use of controlled substances or marijuana or the abuse of alcohol. The cost of the test may be charged to the person under supervision. Regulations governing the officer's exercise of this authority shall be promulgated by the Board; and
7. Have the power to carry a concealed weapon in accordance with regulations promulgated by the Board and upon the certification of appropriate training and specific authorization by a judge of the circuit court to which the officer is assigned.
Nothing in this article shall require probation and parole officers to investigate or supervise cases before juvenile and domestic relations district courts.
§ 53.1-145. (Delayed effective date - See notes) Powers and duties of probation and parole officers.
In addition to other powers and duties prescribed by this article, each probation and parole officer shall:
1. Investigate and report on any case pending in any court or before any judge in his jurisdiction referred to him by the court or judge;
2. Supervise and assist all persons within his territory placed on probation or post-release supervision pursuant to § 19.2-295.2, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and furnish every such person with a written statement of the conditions of his probation or post-release supervision and instruct him therein;
3. Supervise and assist all persons within his territory released on parole, secure, as appropriate and when available resources permit, placement of such persons in a substance abuse treatment program which may include utilization of acupuncture and other treatment modalities, and, in his discretion, assist any person within his territory who has completed his parole or has been mandatorily released from any correctional facility in the Commonwealth and requests assistance in finding a place to live, finding employment, or in otherwise becoming adjusted to the community;
4. Arrest and recommit to the place of confinement from which he was released, or in which he would have been confined but for the suspension of his sentence or of its imposition, for violation of the terms of probation, post-release supervision pursuant to § 19.2-295.2 or parole, any probationer, person subject to post-release supervision or parolee under his supervision, or as directed by the Chairman, Board member or the court, pending a hearing by the Board or the court, as the case may be;
5. Keep such records, make such reports, and perform other duties as may be required of him by the Director or by regulations prescribed by the Board of Corrections, and the court or judge by whom he was appointed;
6. Order and conduct, in his discretion, drug and alcohol screening tests of any probationer, person subject to post-release supervision pursuant to § 19.2-295.2 or parolee under his supervision who the officer has reason to believe is engaged in the illegal use of controlled substances or marijuana or the abuse of alcohol. The cost of the test may be charged to the person under supervision. Regulations governing the officer's exercise of this authority shall be promulgated by the Board; and
7. Have the power to carry a concealed weapon in accordance with regulations promulgated by the Board and upon certification of appropriate training and specific authorization by a judge of the circuit court to which the officer is assigned.
Nothing in this article shall require probation and parole officers to investigate or supervise cases before family courts.
§ 53.1-165.1. Limitation on the application of parole statutes.
The provisions of this article, except §§ 53.1-160 and 53.1-160.1, shall not apply to any sentence imposed or to any prisoner incarcerated upon a conviction for a felony offense committed on or after January 1, 1995. Any person sentenced to a term of imprisonment for a felony offense committed on or after January 1, 1995, shall not be eligible for parole upon that offense.
§ 53.1-187. Credit for time spent in confinement while awaiting trial.
Any person who is sentenced to a term of confinement in a correctional facility shall have deducted from any such term all time actually spent by the person in a state hospital for examination purposes or treatment prior to trial, in a state or local correctional facility awaiting trial or pending an appeal, or in a juvenile detention facility awaiting trial for an offense for which, upon conviction, such juvenile is sentenced to an adult correctional facility. When entering the final order in any such case, the court shall provide that the person so convicted be given credit for the time so spent.
In no case shall a person be allowed credit for time not actually spent in confinement or in detention. In no case is a person on bail to be regarded as in confinement for the purposes of this statute. No such credit shall be given to any person who escapes from a state or local correctional facility or is absent without leave from a juvenile detention facility.
Any person sentenced to confinement in a state correctional facility, in whose case the final order entered by the court in which he was convicted fails to provide for the credit authorized by this section, shall nevertheless receive credit for the time so spent in a state correctional facility. Such allowance of credit shall be in addition to the good conduct allowance provided for in Articles 2 (§ 53.1-192 et seq.) and 3 (§ 53.1-198 et seq.) of this chapter or the earned sentence credits provided for in Article 4 (§ 53.1-202.2 et seq.) of this chapter.
§ 53.1-189. Forfeiture and restoration of good conduct allowance and earned sentence credits.
A. Except for credits allowed under § 53.1-191, all or any part of a person's accrued good conduct allowance and earned sentence credits earned after admission to a state correctional facility on any sentence or combination of sentences being served may be forfeited in accordance with rules and regulations of the Board for violation of any written prison rules or regulations.
B. If a prisoner is convicted of escape or attempted escape from any correctional facility, such person shall, upon being returned to custody, forfeit all accrued good conduct allowance and all earned sentence credits on any sentence or combination of sentences being served, except for credits allowed under § 53.1-191.
C. No good conduct allowance or earned sentence credit which has been forfeited shall be restored except by the Director, whose authority shall not be delegated.
§ 53.1-191. Credits allowed in cases of injuries to or extraordinary services performed by prisoners; nonforfeiture of credits hereunder.
The Board, with the consent of the Governor, may allow to any prisoner confined in a state correctional facility a credit toward his term of confinement if he (i) renders assistance in preventing the escape of another prisoner or in the apprehension of an escaped prisoner; (ii) gives a blood donation to another prisoner; (iii) voluntarily or at the instance of a prison official renders other extraordinary services; or (iv) suffers bodily injury while in the prison system. The Board shall determine the amount of any such credit for each such service or injury. In unusual circumstances a prisoner may receive credit for donating blood, under regulations prescribed by the Board, to blood banks licensed by or subject to regulations of the State Board of Health.
Except as provided hereafter, any credit allowed under the provisions of this section shall be applied as provided in § 53.1-199. A prisoner who has been sentenced to a term of life imprisonment or to two or more life sentences shall be eligible for credits allowed under the provisions of this section. One-half of such credit shall be applied to reduce the period of time such prisoner shall serve before being eligible for parole.
Credits allowed under the provisions of this section may not be forfeited under § 53.1-189. Credits shall not be allowed under the provisions of this section to apply toward a term of confinement imposed upon a conviction of a felony offense committed on or after January 1, 1995.
§ 53.1-197.1. Limitation upon applicability of this article.
The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.
§ 53.1-202.1. Limitation upon applicability of this article.
The provisions of this article shall not apply to any sentence imposed upon a conviction of a felony offense committed on or after January 1, 1995.
Earned Sentence Credits for Persons
Committed Upon Felony Offenses Committed On or After January 1, 1995.
§ 53.1-202.2. Eligibility for earned sentence credits.
Every person who is convicted of a felony offense committed on or after January 1, 1995, and who is sentenced to serve a term of imprisonment in a state or local correctional facility shall be eligible to earn sentence credits in the manner prescribed by this article. Such eligibility shall commence upon the person's incarceration in any correctional facility following entry of a final order of conviction by the committing court. As used in this chapter, the terms "sentence credit" and "earned sentence credit" shall mean deductions from a person's term of confinement earned through adherence to rules prescribed pursuant to § 53.1-25, through program participation as required by §§ 53.1-32.1 and 53.1-202.3, and by meeting such other requirements as may be established by law or regulation. One earned sentence credit shall equal a deduction of one day from a person's term of imprisonment.
§ 53.1-202.3. Rate at which sentence credits may be earned; prerequisites.
A maximum of four and one-half sentence credits may be earned for each calendar month served. The earning of sentence credits shall be conditioned, in part, upon full participation in and cooperation with programs to which a person is assigned pursuant to § 53.1-32.1. Notwithstanding any other provision of law, no portion of any sentence credits earned shall be applied to reduce the period of time a person must serve before becoming eligible for parole upon any sentence.
§ 53.1-202.4. Board of Corrections to establish certain rules, criteria, etc.
The Board shall:
1. Establish the criteria upon which a person shall be deemed to have earned sentence credits;
2. Establish the bases upon which earned sentence credits may be taken;
3. Establish the number of earned sentence credits which will be taken for violations of various (i) institutional rules, (ii) program participation requirements or (iii) other requirements for the retention of sentence credits; and
4. Establish such additional requirements for the earning of sentence credits as may be deemed advisable and as are consistent with the purposes of this article.
2. That the provisions of this act may result in a net increase in periods of imprisonment in state correctional facilities. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $25,675,440