70#2s (CB) Comm Attorneys - Career Development. SB5003 - Committee Approved

State Budget

2014 Special Session I

Budget Amendments - SB5003 (Committee Approved)

Bill Order » Item 70 #2s

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Comm Attorneys - Career Development

Item 70 #2s

Item 70 #2s	First Year - FY2015	Second Year - FY2016
Administration
Compensation Board	FY2015 $123,778	FY2016 $123,778	GF

Language
Page 52, line 11, strike "$70,045,082" and insert "$70,168,860".
Page 52, line 11, strike "$70,045,082" and insert "$70,168,860".
Page 53, line 41, strike "109,425" and "109,425" and insert "233,203" and "233,203".

Explanation
(This amendment provides $123,778 each year from the general fund to support the participation of currently eligible Assistant Commonwealth's Attorneys in the career development program. The budget as introduced included $109,425 each year, which is about 23.5 percent of the total amount required to fully fund 43 assistant attorneys that have already met the criteria to participate in the program but are not currently funded. This amendment provides about 50 percent of the needed funding to align the salaries of these assistant attorneys with others in their offices who also meet the criteria but are already funded for program participation. This represents the next step in the implementation of the career development program.)

Item 70

Item 70	First Year - FY2015	Second Year - FY2016
Financial Assistance for Attorneys for the Commonwealth (77200)	$70,045,082	$70,045,082
Financial Assistance to Attorneys for the Commonwealth (77201)	FY2015 $15,852,086	FY2016 $15,852,086
Financial Assistance for Operations of Local Attorneys for the Commonwealth (77202)	FY2015 $54,192,996	FY2016 $54,192,996
Fund Sources:
General	FY2015 $70,045,082	FY2016 $70,045,082

Authority: Title 15.2, Chapter 16, Articles 4 and 6.1, Code of Virginia.

A.1. The annual salaries of attorneys for the Commonwealth shall be as hereinafter prescribed according to the population of the city or county served except as otherwise provided in § 15.2-1636.12, Code of Virginia.

July 1, 2014	July 1, 2015	December 1, 2015
to	to	to
June 30, 2015	November 30, 2015	June 30, 2016

Less than 10,000	$53,257	$53,257	$53,257
10,000-19,999	$59,182	$59,182	$59,182
20,000-34,999	$65,098	$65,098	$65,098
35,000-44,999	$117,173	$117,173	$117,173
45,000-99,999	$130,189	$130,189	$130,189
100,000-249,999	$135,073	$135,073	$135,073
250,000 and above	$139,958	$139,958	$139,958

2. The attorneys for the Commonwealth and their successors who serve on a full-time basis pursuant to §§ 15.2-1627.1, 15.2-1628, 15.2-1629, 15.2-1630 or § 15.2-1631, Code of Virginia, shall receive salaries as if they served localities with populations between 35,000 and 44,999.

3. Whenever an attorney for the Commonwealth is such for a county and city together, or for two or more cities, the aggregate population of such political subdivisions shall be the population for the purpose of arriving at the salary of such attorney for the Commonwealth under the provisions of this paragraph and such attorney for the Commonwealth shall receive as additional compensation the sum of one thousand dollars.

B. No expenditure shall be made out of this Item for the employment of investigators, clerk-investigators or other investigative personnel in the office of an attorney for the Commonwealth.

C. Consistent with the provisions of § 19.2-349, Code of Virginia, attorneys for the Commonwealth may, in addition to the options otherwise provided by law, employ individuals to assist in collection of outstanding fines, costs, forfeitures, penalties, and restitution. Notwithstanding any other provision of law, beginning on the date upon which the order or judgment is entered, the costs associated with employing such individuals may be paid from the proceeds of the amounts collected provided that the cost is apportioned on a pro rata basis according to the amount collected which is due the state and that which is due the locality. The attorneys for the Commonwealth shall account for the amounts collected and apportion costs associated with the collections consistent with procedures issued by the Auditor of Public Accounts.

D. The provisions of this act notwithstanding, no Commonwealth's attorney, public defender or employee of a public defender, shall be paid or receive reimbursement for the state portion of a salary in excess of the salary paid to judges of the circuit court. Nothing in this paragraph shall be construed to limit the ability of localities to supplement the salaries of locally elected constitutional officers or their employees.

E. The Statewide Juvenile Justice project positions, as established under the provisions of Item 74 E, of Chapter 912, 1996 Acts of Assembly, and Chapter 924, 1997 Acts of Assembly, are continued under the provisions of this act. The Commonwealth's attorneys receiving such positions shall annually certify to the Compensation Board that the positions are used primarily, if not exclusively, for the prosecution of delinquency and domestic relations felony cases, as defined by Chapters 912 and 924. In the event the positions are not primarily or exclusively used for the prosecution of delinquency and domestic relations felony cases, the Compensation Board shall reallocate such positions by using the allocation provisions as provided for the board in Item 74 E of Chapters 912 and 924.

F. The Compensation Board shall monitor the Department of Taxation program regarding the collection of unpaid fines and court costs by private debt collection firms contracted by Commonwealth's attorneys and shall include, in its annual report to the General Assembly on the collection of court-ordered fines and fees for clerks of the courts and Commonwealth's attorneys, the amount of unpaid fines and costs collected by this program.

G. Out of this appropriation, $389,165 the first year and $389,165 the second year from the general fund is designated for the Compensation Board to fund five additional positions in Commonwealth's attorney's offices that shall be dedicated to prosecuting gang-related criminal activities. The board shall ensure that these positions work across jurisdictional lines, serving the Northern Virginia area (counties of Fairfax, Loudoun, Prince William, and Arlington and the cities of Falls Church, Alexandria, Manassas, Manassas Park and Fairfax).

H. Included within this appropriation is $2,120,757 the first year and $2,120,757 the second year from the general fund to increase the salary of each assistant Commonwealth's attorney by $3,308.

I. In accordance with the provisions of § 19.2-349, Code of Virginia, attorneys for the Commonwealth may, in addition to the options otherwise provided by law, contract with or employ individuals, or other state or local agencies, to assist in collection of outstanding fines, costs, forfeitures, penalties, and restitution. Notwithstanding any other provision of law, the amounts owed and collected shall be increased, up to a maximum of seventeen percent, to reflect the costs associated with employing or contracting with such agencies or individuals. The attorneys for the Commonwealth are authorized to increase the amount up to twenty-five percent if the amount owed is more than 180 days delinquent. These fees shall be paid on a contingency basis out of the proceeds of the amounts collected. The attorneys for the Commonwealth shall account for the amounts collected and apportion costs associated with the collections consistent with procedures issued by the Auditor of Public Accounts.

J. Included in the appropriation for this Item is $109,425 the first year and $109,425 the second year from the general fund for the Assistant Commonwealth's Attorneys' Career Development Program.