2009 Session

Budget Amendments - HB1600 (Conference Report)

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Behavioral Corrections Program (language only)

Item 390 #3c

Item 390 #3c

Public Safety
Corrections, Department of

Page 432, strike lines 23 through 30 and insert:
"behavioral correction program.  Offenders eligible for such a  program shall be those offenders: (i) who have never been convicted of a violent felony as defined in Section 17.1-805 of the Code of Virginia and who have never been convicted of a felony violation of §§ 18.2-248 and 18.2-248.1 of the Code of Virginia; (ii) for whom the sentencing guidelines developed by the Virginia Criminal Sentencing Commission would recommend a sentence of three years or more in facilities operated by the Department of Corrections; and (iii) whom the court determines require treatment for drug or alcohol substance abuse."
Page 432, line 38, strike "18" and insert "24".

(This amendment restricts the definition of those offenders who would be eligible for the Behavioral Corrections Program, as proposed in the budget, as introduced, in order to exclude violent offenders, as defined for purposes of the sentencing guidelines system, and drug dealers. This exclusion specifically applies to previous as well as current convictions.)