Chief Patron: McClellan
Collection and Publication of Pre-Trial Data

Item 49 #2s

Language
Page 43, line 44, strike "$1,240,651" and insert "$1,740,651".

Page 44, after line 25, insert:

"C.1. The Virginia Criminal Sentencing Commission shall collect statewide, locality-level and individual-level data related to the pretrial process and outcomes of all adults charged with any criminal offense punishable by confinement in jail or a term of imprisonment in the Commonwealth.  The information collected shall include individual demographic information, information related to the charge(s) pending against the individual, bail hearing dates, bail determinations, confinement and release dates, and any other data relevant to the functioning of the pretrial system. The Virginia Criminal Sentencing Commission may request data and shall be provided such data upon request from (i) every department, division, board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the Commonwealth is a party, or any political subdivision thereof; (ii) any criminal justice agency as defined in § 9.1-101; and (iii) the clerk of each circuit court. If the statewide Circuit Court Case Management System is used by the circuit court clerk, the Executive Secretary of the Supreme Court shall provide for the transfer of such data upon request of the Virginia Criminal Sentencing Commission.

2. The Virginia Criminal Sentencing Commission shall make publicly available the raw data collected at the statewide, locality-level, and individual-level pursuant to this section on a website established and maintained by the Virginia Criminal Sentencing Commission. This data should be uploaded onto the Virginia Criminal Sentencing Commission's website as often is practicable but not less than every three (3) months. The data shall be made available as: (i) an electronic dataset, excluding any personal and case identifying information, that may be downloaded by members of the public; and (ii) an electronic interactive data dashboard tool that displays aggregated data based on characteristics or indicators selected by the user.

3. The Virginia Criminal Sentencing Commission should make data that is collected and anonymized accessible on their website as soon as practical prior to completion of the full dashboard release. The Virginia Criminal Sentencing Commission shall submit an annual report on the statewide, locality-level, and individual-level data collected pursuant to this budget amendment on or before December 1, 2022 to the General Assembly, the Governor, and the Office of the Executive Secretary of the Supreme Court of Virginia. Such report may include recommendations related to the collection of data.

4. The Virginia State Crime Commission shall provide the Virginia Criminal Sentencing Commission with the final Pretrial Data Project dataset of all adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment in October 2017. The Virginia Criminal Sentencing Commission shall make the statewide, locality-level and individual-level raw data publicly available in a downloadable format by July 1, 2021. The Virginia Criminal Sentencing Commission shall make such statewide, locality-level, and individual-level data publicly available on a website established and maintained by the Virginia Criminal Sentencing Commission as: (i) an electronic dataset, excluding any personal and case identifying information, that may be downloaded by members of the public; and (ii) an electronic interactive data dashboard tool that displays aggregated data based on characteristics or indicators selected by the user, by October 1, 2021. The Virginia Criminal Sentencing Commission shall not be required to provide electronic data in a format not regularly used by the agency. Data from this dataset containing any personal or case identifying information shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia) and shall not be made publicly available."