Electronic Incarceration Pilot Program (SB 1540) (language only)

Item 387 #3s

Language
Page 426, following line 12, insert:
"G.1. The Department of Corrections, in cooperation with the Virginia Sheriffs' Association, the Virginia Association of Regional Jails, the Virginia Association of Commonwealth's Attorneys, and the Virginia Criminal Sentencing Commission, shall develop a pilot program in selected probation and parole districts, in cooperation with selected local and regional jails.  The purpose of the pilot program is to expand the utilization of electronic incarceration programs for nonviolent, lower-risk offenders who have been sentenced by a court to a combination of jail and electronic incarceration, pursuant to Senate Bill 1540 of the 2009 Session of the General Assembly.  For purposes of this program, nonviolent offenders are those defined as such, pursuant to Section 17.1-805 of the Code of Virginia for purposes of the felony sentencing guidelines, and lower-risk offenders are those asssessed as such, pursuant to the risk assessment instrument promulgated by the Virginia Criminal Sentencing Commission.
2. It is the intent of the General Assembly that, consistent with public safety, at least an additional 500 nonviolent, lower-risk offenders should be placed on electronic incarceration during fiscal year 2010, and that a total of at least an additional 1,600 additional offenders should be placed on electronic incarceration in each year of the 2010-12 biennium.  This pilot program may include provisions for charging fees, pursuant to Section 53.1-131.2 of the Code of Virginia, to cover all or part of the cost of the program, with due consideration for indigent offenders for whom the fee may be waived.
3. The Department shall form a task force to address the implementation of this pilot program.  The task force shall provide a report with recommendations, including any suggested amendments to Senate Bill 1540 as it may deem appropriate, to the Secretary of Public Safety, the Chairmen of the Senate and House Courts of Justice Committees, and the Chairmen of the Senate Finance and House Appropriations Committees, on or before June 1, 2009.  The Department of Planning and Budget and the Virginia Criminal Sentencing Commission shall provide such assistance to this task force as may be necessary."

Explanation
(This amendment directs the Department of Corrections, in cooperation with Sheriffs, Regional Jail Superintendents, Commonwealth's Attorneys, and the Virginia Criminal Sentencing Commission, to develop a pilot program to expand electronic incarceration, pursuant to Senate Bill 1540 of the 2009 General Assembly.)