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2010 Session

Budget Bill - HB29 (Chapter 872)

Department of Corrections

Item 387

Item 387 (Not set out)

First Year - FY2009Second Year - FY2010
Supervision of Offenders and Re-Entry Services (35100)$86,951,259$87,363,009
Probation and Parole Services (35106)FY2009 $78,795,738FY2010 $79,207,488
Day Reporting Centers (35107)FY2009 $4,679,052FY2010 $4,679,052
Community Residential Programs (35108)FY2009 $1,115,107FY2010 $1,115,107
Administrative Services (35109)FY2009 $2,361,362FY2010 $2,361,362
Fund Sources:  
GeneralFY2009 $85,538,779FY2010 $85,950,529
SpecialFY2009 $85,000FY2010 $85,000
Dedicated Special RevenueFY2009 $1,327,480FY2010 $1,327,480

Authority: §§ 53.1-67.2 through 53.1-67.6 and §§ 53.1-140 through 53.1-176.3, Code of Virginia.


A. By September 1 of each year, the Department of Corrections shall provide a status report on the Statewide Community-Based Corrections System for State-Responsible Offenders to the Chairmen of the House Courts of Justice; Health, Welfare and Institutions; and Appropriations Committees and the Senate Courts of Justice; Rehabilitation and Social Services; and Finance Committees.


B. The Department of Corrections and the Virginia Parole Board shall analyze the comparative costs and benefits of state operation compared to contracting for privately-operated minimum security assisted living or nursing facilities, or other appropriate facilities or programs for lower-risk geriatric offenders. Copies of the analysis shall be provided to the Chairmen of the Senate Finance and House Appropriations Committees by September 1, 2008.


C. The Department of Corrections shall report on its progress in implementing evidence-based practices in selected probation and parole districts, and recommend steps to expand this initiative into additional districts. The report shall place particular emphasis on measuring the effectiveness of these practices in reducing recidivism. Copies of the report shall be provided to the Chairmen of the Senate Finance and House Appropriations Committees by September 1, 2008.


D. The Department of Corrections shall report on the potential costs and benefits of steps which would be required to divert up to 50 percent of prison-bound, nonviolent offenders who have scored no more than 38 points on the risk assessment instrument of the Virginia Criminal Sentencing Commission. The department shall consult with the commission on developing appropriate steps to secure the input of the Judicial Department in conducting this report. Copies of the report shall be provided to the Chairmen of the Senate Finance and House Appropriations Committees by September 1, 2008.


E. The Department of Corrections shall report on the comparative costs and benefits of state operation compared to contracting for privately-operated minimum security pre-release or transitional facilities for offenders who are leaving prison, and return-to-custody facilities for habitual technical probation violators. Copies of the report shall be provided to the Chairmen of the Senate Finance and House Appropriations Committees by September 1, 2008.


F. This Item includes no funds for the lease of facilities located at the following location:  Southwest Virginia Day Reporting Center, 11313 Highland Ave., Pound, Virginia 24279.


G.1. The Secretary of Public Safety, in cooperation with the Supreme Court of Virginia, the Virginia Sheriffs' Association, the Virginia Association of Regional Jails, the Virginia Association of Commonwealth's Attorneys, and the Virginia Criminal Sentencing Commission, shall form a task force to develop recommendations to expand the utilization of alternative methods of punishment for nonviolent, lower-risk offenders who have been sentenced by a court to a term of incarceration. The Departments of Planning and Budget, Corrections, and Criminal Justice Services, the Compensation Board, and the Virginia Criminal Sentencing Commission shall provide such assistance as may be necessary.


2. The Chairmen of the Senate Finance and House Appropriations Committees shall appoint a joint subcommittee to consider steps which may be appropriate to reduce the growth in the numbers of nonviolent, lower risk offenders entering state correctional facilities. The consideration of such steps shall recognize the need to protect public safety; to enable the courts to sentence offenders to appropriate alternative punishment options; and, to provide the Department of Corrections, regional and local jails, and local community corrections and pretrial release programs with the appropriate programs and management tools to operate within the resources available. Consideration shall also be given to other issues as determined by the joint subcommittee. The Chairmen may include such representatives from the Senate and House Committees on Courts of Justice as they may deem appropriate. The Secretary of Public Safety shall provide such assistance to the joint subcommittee as may be requested by the joint subcommittee.