2005 Session

Budget Amendments - SB700 (Committee Approved)

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

Item 415 #1s

Item 415 #1s

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 directed at achieving 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.  Following a revocation hearing as required by Sections 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.  The Department shall consult with the Virginia Criminal Sentencing Commission in selecting pilot circuits, in order to coordinate the pilot program with the pilot testing of the Commission's risk assessment instrument applicable to technical probation violators.  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 Section 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 the localities in which the pilot program is conducted shall enter into an agreement regarding the number of beds and the rate at which jails 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.
3.  The Department shall provide a report on the implementation of this pilot program 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. This amendment also eliminates outdated language that has been superceded by the new sentencing guidelines and risk assessment instrument of the Virginia Criminal Sentencing Commission for offenders who are appropriate candidates for the state diversion and detention center incarceration programs.)