General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Prisons and Other Methods of Correction

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Prisons and Other Methods of Correction

Passed

P HB235

State Compensation Board. Requires the State Compensation Board to (i) maintain in the Local Inmate Data System (LIDS) specific data fields for an inmate's country of birth and country of citizenship, (ii) require all jail facilities that are subject to LIDS reporting to complete the additional fields for all inmates housed at such facilities, (iii) annually encourage all jail facilities subject to LIDS reporting to request compensation from the United States Department of Justice State Criminal Alien Assistance Program (SCAAP) for costs associated with incarcerating undocumented aliens; (iv) provide information to all jail facilities on the eligibility requirements to obtain such funds; and (v) monitor local jail participation in the SCAAP program.
Patron - Cox

P HB504

Assessment for courthouse and courtroom security. Broadens the use of the $5 fee collected by the courts for assessment for courthouse and courtroom security to allow the fee to be used to fund equipment and other personal property to be used in connection with courthouse security, if requested by the sheriff, and not just security personnel as under current law. This bill is identical to SB 214.
Patron - Keister

P HB792

Parenting programs; Department of Correctional Education. Authorizes the Department of Correctional Education to arrange for noncustodial parent offenders committed to the custody of the Department of Corrections to be afforded the opportunity to participate in pre-release parenting programs that include parenting skills training and anger management. The programs must be administered by the Department directly or by contract and must include integration with transitional programs and other programs for offenders as appropriate. The individuals may be required to establish, reestablish, or maintain family ties and communications in order to continue to participate in the programs. A pre-release parenting program may be part of an offender's treatment program. The provisions of this bill will not become effective unless an appropriation of general funds effectuating the purposes of the bill is included in the appropriation act and signed into law by the Governor. This bill is identical to SB 98.
Patron - Watts

P HB1042

State correctional facilities; private contracts. Provides that on or after July 1, 2004, no new prison financing, site selection, acquisition, construction or maintenance, leasing, management or operation of a new prision facility shall be commenced unless based upon a written analysis of the benefit to the Department of Corrections, including an analysis of the costs and benefits of utilizing the Corrections Private Management Act (§ 53.1-261 et seq.) or the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.).
Patron - Saxman

P SB98

P SB214

P SB389

Jails; good time policies. Clarifies that it is the responsibility of each individual jailer to determine the manner in which discretionary additional credits are awarded for institutional work assignments, participation in classes and local work force programs. The jailer is required to have written policy stating the criteria for and conditions of the credits. The bill does not change the rate of five days for every 30 days served.
Patron - Norment

P SB448

Interstate Compact for the Supervision of Adult Offenders. Establishes a new interstate compact to replace the existing Compact. The former Compact (Out of State Supervision of Parolees or Probationers, 1937) will stay in effect to deal with those states that do not adopt the new Compact. The Compact takes effect on the later of July 1, 2004, or the date that 35 states adopt it. Under the new Compact, an Interstate Commission is created. The Commission's duties include establishing uniform procedures to manage the movement of adult offenders under community supervision between participating states; ensuring the opportunity for input and providing a timely notice to victims and jurisdictions where offenders are authorized to travel or relocate across state lines; establishing a uniform data collection system; monitoring compliance of interstate movement of offenders and initiating interventions to address noncompliance; and coordinating training programs regarding interstate movement for officials involved in such activities. Each Compacting State is responsible for supervision of adult offenders in its communities who are authorized by the Compact to travel across state lines. Such responsibilities include tracking the location of offenders, transferring supervision, and returning offenders to originating jurisdictions. The bill also creates a council to oversee the operations of the Compact within Virginia.
Patron - Rerras

P SB516

Property conveyance; former Staunton Correctional Center. Authorizes the Governor to convey the former Staunton Correctional Center, upon consulation with the Attorney General, for fair market value.
Patron - Hanger

P SB615

State correctional facilities; stores. Provides that a portion of the profits from stores or commissaries within correctional facilities may be expended for pre-release and post-release reentry and transition services. Currently, the profits are used for recreational and educational purposes and other purposes beneficial to the inmates. This bill incorporates SB 613.
Patron - Bell

Failed

F HB112

State Board of Corrections; composition; jurisdiction. Increases the size of the State Board from nine members to 12 members (the quorum being seven instead of five). The bill requires that the members include three community leaders, three elected officials, three members of the medical profession and three citizens with an immediate family member incarcerated within the Commonwealth of Virginia. The bill also empowers the State Board to enter and inspect state correctional facilities at any time.
Patron - Van Landingham

F HB245

Assessment for courthouse and courtroom security. Broadens the use of the $5 fee collected by the courts for assessment for courthouse and courtroom security to funding all courthouse security, not just security personnel.
Patron - Nutter

F HB259

Discharge of prisoner; required records to be provided to prisoner upon release. Requires the Director of the Department of Corrections to provide each prisoner with the following documents upon discharge: (i) the prisoner's medical records, including copies of current prescriptions and a physician's summary of continuing or pending medical treatment; (ii) verification of the prisoner's work history while in custody; and (iii) verification of all educational and treatment programs completed by the prisoner while in custody.
Patron - Jones, D.C.

F HB362

Good conduct allowance; mandatory functional literacy requirement. Provides for good conduct allowance for prisoners depending on their performance and conduct in which escalating credits toward good conduct allowance are available in four class levels. The highest level available is 50 percent credit for those prisoners with exemplary behavior and who have earned or are making progress toward earning their general educational development (GED) certificate.
Patron - Miles

F HB457

Assessment for courthouse and courtroom security. Broadens the use of the $5 fee collected by the courts for assessment for courthouse and courtroom security to funding all courthouse security, not just security personnel. This bill is incorporated into HB 504.
Patron - Athey

F HB670

Good conduct credit. Provides that no good conduct credit is earned for any day on which a prisoner was under the influence of alcohol or illegal drugs. An arrestee is presumed to be under the influence of alcohol or illegal drugs for the first 24 hours following his arrest for driving under the influence.
Patron - Bell

F HB1140

Courthouse security fee. Allows the funds from the courthouse security fee to be used for equipment related to courthouse security. This bill is incorporated into HB 504.
Patron - McDonnell

F HB1400

Telephone systems within correctional facilities. Requires each state, local and regional correctional facility to offer debit telephone systems, in addition to any existing collect calling system, which allow telephone calls to be placed to an incarcerated person's children in order to encourage healthy bonds between the incarcerated parents and their children.
Patron - Ebbin

F SB43

Residential community programs. Requires the Department of Corrections to give nonviolent prisoners who have not been sentenced upon a conviction of murder in the first degree, rape in violation of § 18.2-61, forcible sodomy, animate or inanimate object sexual penetration or aggravated sexual battery or sentenced to a term of life imprisonment or two or more life sentences the opportunity to participate in a residential community program, work release, or a community-based program. Current law requires that the prisoner not be convicted of any violent crime and be sentenced to at least three years. The bill also restricts the cost of keep to up to 30 percent of gross earnings.
Patron - Miller

F SB474

F SB613

Prisons and correctional facilities; stores. Requires that a portion of the profits from inmate canteen or stores within correctional facilities be expended for employment and housing assistance for inmates, prerelease and postrelease. Currently, the profits are used for recreational and educational purposes and other purposes beneficial to the inmates. This bill is incorporated into SB 615.
Patron - Ticer

F SB658

Mandatory release on parole. Provides that a prisoner whose parole is revoked on a technical violation is not required to serve the minimum six months. Under this bill, the prisoner would receive credit for good time if the parole violation was technical, but not if the violation involved a new and subsequent charge. "Technical violation" means any failure to adhere to conditions of parole that is not deliberate defiance of those conditions or does not constitute further criminal conduct or both. This bill incorporates SB 474.
Patron - Quayle

Carried Over

C HB150

Jail fees paid by those convicted of crimes. Provides that a sheriff or jail superintendent may charge an inmate convicted of a criminal offense, for each night spent in the facility, an amount equal to the average annual cost to house an inmate for one day at that facility, or he may charge $70 per day, whichever is less. The bill also provides that the sheriff or jail superintendent may not charge the inmate for more than five nights, or $350, whichever is less. The charge is based upon the 2002 average annual, statewide cost of housing a jail inmate of $67.19.
Patron - Albo

C HB223

C HB673

Organization of regional jail board. Provides that only a sheriff shall be eligible to be chairman of a regional jail board.
Patron - Bell

C HB790

Reading for Good Time. Establishes a Reading for Good Time credits program in which inmates can receive additional good conduct allowance for reading and passing examinations on such material. Good conduct allowance is applied to reduce the person's maximum term of confinement in any state correctional facility.
Patron - Watts

C HB815

Department of Corrections; prisoner visitation. Requires the Department of Corrections to provide for family friendly visitors' areas.
Patron - Eisenberg

C HB1306

State Police; executive protective services. Provides for the State Police to render executive protective services to the Governor, his immediate family for certain events or periods of time, and to government officials for certain events or periods of time. The bill exempts from public access information related to plans or resources used to provide such services.
Patron - Miles

C HB1384

Inmate workers; court orders allowing work. Provides that the circuit or district court of any county or city may enter an order allowing a person confined in a jail operated by that city or county to work on state, county, city, or town property, certain private property, or nonprofit organization property. Currently, the law only allows the courts to enter such orders for persons confined in a jail of that city or county. The amendment would clarify that a court in one county or city could enter such an order for a person confined in a facility operated by that county or city, but that is physically located in another jurisdiction.
Patron - McDougle

C SB75

C SB82

Restoration of right to vote. Provides that a person convicted of a felony for the distribution of marijuana or possession with the intent to distribute marijuana where the amount of marijuana was five pounds or less, who completed his sentence at least 10 years previously and has no other criminal convictions can petition for restoration of his civil right to be eligible to vote. The existing Code requirement of the demonstration of civic responsibility through community or comparable service will apply. In addition, the applicant must go through the procedure established by the Governor, who will determine whether to grant the petition.
Patron - Puller

C SB83

C SB89

C SB441

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Prisons and Other Methods of Correction

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