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2010 Session

Budget Amendments - HB30 (Conference Report)

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Criminal Fund - CDC Oversight of Changes in Misdemeanor Prosecution

Item 42 #1c

Item 42 #1c

First Year - FY2011 Second Year - FY2012
Judicial Department
General District Courts FY2011 ($3,500,000) FY2012 ($3,500,000) GF

Language
Page 21, line 12, strike "$94,874,301" and insert "$91,374,301".
Page 21, line 12, strike "$94,874,301" and insert "$91,374,301".
Page 21, line 36, after "D." insert "1."
Page 21, after line 37, insert:
"2. The Committee on District Courts, in consultation with the Virginia Association of Commonwealth's Attorneys and the Virginia Indigent Defense Commission, shall develop policies and procedures to reduce the number of misdemeanor charges for which the Commonwealth will seek incarceration, thereby reducing expenditures through the Criminal Fund for court-appointed counsel or for public defenders.  The Executive Secretary of the Supreme Court shall provide a report by October 30, 2010, to the Governor and to the Chairmen of the Senate and House Courts of Justice Committees, and the Chairmen of the Senate Finance and House Appropriations Committees on the implementation of these policies and procedures."


Explanation
(This amendment reduces the Criminal Fund by $3,500,000 each year from the general fund, to reflect a reduction in the number of attorneys appointed to represent defendants charged with misdemeanor offenses. The language specifies that the Committee on District Courts, in consultation with the Virginia Association of Commonwealth's Attorneys and the Virginia Indigent Defense Commission, shall develop policies and procedures to reduce the number of misdemeanor charges for which the Commonwealth will seek incarceration, thereby reducing expenditures through the Criminal Fund for court-appointed counsel or for public defenders. This is one of a series of amendments to enable the criminal justice system to manage its workload effectively during a period of severe budget reductions.)