2005 Session

Budget Amendments - HB1500 (Conference Report)

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Clarify language for "return to custody" program (language only)

Item 415 #1c

Item 415 #1c

Public Safety
Community Corrections, Division of

Page 388, strike lines 54 and 55.
Page 389, strike lines 1 through 38, and insert:
"C.1.  The Department of Corrections shall establish a pilot program to achieve effective punishment, control, and rehabilitation of felony offenders who are under parole, post-release, or probation supervision and are found to be in technical violation of their supervisory conditions.  No program shall be established without the agreement of the judge, commonwealth's attorney, and sheriff or regional jail superintendent of the relevant jurisdiction.  Following a revocation hearing as required by §§ 19.2-295.2, 19.2-306, or 53.1-165, Code of Virginia, a judge, or the Virginia Parole Board, if the offender's supervision is under the Board's control, may order a violator to be confined in jail for thirty days to participate in the pilot program.  For felons under probation supervision, candidates for the pilot program shall be those who are recommended by Virginia's sentencing guidelines for an active term of incarceration for the violation.  While confined in jail, violators in the pilot program shall be eligible to participate in work-release, educational, or other rehabilitative  programs as provided by § 53.1-131 of the Code of Virginia."  
Page 389, strike lines 39 through 48, and insert:
"2. The Department and the sheriffs or regional jail superintendents of any jails in which the pilot program is conducted shall enter into an agreement regarding the number of beds and the rate at which the jail will be reimbursed for housing these offenders.  The Department shall notify the Compensation Board, in a manner determined by the Compensation Board of the rate agreed upon by the Department and each sheriff or regional jail superintendent participating in the program.  Such rate shall not exceed existing rates authorized in this act and the total statewide average daily number of offenders housed in jails under the provisions of this pilot project shall not exceed 150.  The Compensation Board shall reimburse each jail participating in the pilot for such offenders housed, based on the agreed-upon rate.
D.  1.  The Department shall, effective July 1, 2005, establish a Return-to-Custody  Center program, with the capacity to hold a minimum of 100 offenders, utilizing one or more existing community corrections residential facilities.  Such program shall provide for a period of residential supervision of 30-60 days, as specified by the sentencing judge, and shall include opportunities for work release, public service, treatment or other rehabilitative programs as provided in § 53.1-131 of the Code of Virginia.
2.  Following a revocation hearing as required by § 19.2-295.2 or § 19.2-306 of the Code of Virginia, a judge may order a violator to be confined in a Return-to-Custody Center.  For felons under probation or post-release supervision, candidates for placement in such a center shall be those who are recommended by Virginia's sentencing guidelines for an active term of incarceration for the violation.  A violator placed into this program who fails to comply with supervision rules established by the Department for the program may be returned to the court for consideration of additional sanctions.
E.  The Department shall provide a report on the implementation of the programs set forth in Paragraphs C. and D. of this item to the Chairmen of the Senate Finance and House Appropriations Committees by September 30, 2005."

(This amendment clarifies the procedures for implementing the return-to-custody pilot program in selected jails, and authorizes the conversion of an existing diversion or detention center into a new Return-to-Custody Residential Center. This amendment also eliminates outdated language.)