2008 Session

Budget Amendments - SB30 (Committee Approved)

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Task Force on Wrongful Incarceration (language only)

Item 381 #1s

Item 381 #1s

Public Safety
Public Safety, Secretary of

Page 350, following line 30, insert:
"C. The Secretary shall convene a task force, including representatives of the Office of the Attorney General, the Virginia State Bar, Commonwealth's Attorneys, the Virginia Indigent Defense Commission, the Virginia Parole Board, the Department of Forensic Science, the criminal defense bar, and such other representatives as he may deem appropriate, to develop protocols for persons convicted of crimes in cases when the Department of Forensic Science has determined that biological evidence has been located which may exonerate such persons of the crimes for which they were convicted.  Any such protocol shall give priority to those persons who are currently incarcerated in Virginia state correctional facilities for such crimes.  The task force shall also address the feasibility of providing legal representation on a pro bono basis for such persons who, if they are exonerated for the crimes for which they were convicted and who were wrongfully incarcerated for those crimes in Virginia state correctional facilities, may seek relief pursuant to Sections 8.01-195.10 through 8.01-195.12 of the Code of Virginia.  The Secretary shall provide a report, including protocols, timeframes, and costs associated with the implementation of such notifications, to the Governor and the Chairmen of the Senate Committees on Courts of Justice and Finance and the House Committees on Courts of Justice and Appropriations, no later than September 1, 2008."

(This amendment directs the Secretary of Public Safety to report on steps to address the notification and representation of persons convicted of crimes who may subsequently be exonerated through further testing of biological evidence.)