2010 Session

Budget Bill - HB30 (Introduced)

View Item amendments

Juvenile and Domestic Relations District Courts

Item 43

Item 43

First Year - FY2011Second Year - FY2012
Pre-Trial, Trial, and Appellate Processes (32100)$75,266,476$75,266,476
Trial Processes (32103)FY2011 $51,822,723FY2012 $51,822,723
Other Court Costs and Allowances (Criminal Fund) (32104)FY2011 $23,136,398FY2012 $23,136,398
Involuntary Mental Commitments (32105)FY2011 $307,355FY2012 $307,355
Fund Sources:  
GeneralFY2011 $75,266,476FY2012 $75,266,476

Authority: Article VI, Section 8, Constitution of Virginia; §§ 16.1-69.1 through 16.1-69.58, 16.1-226 through 16.1-334, 19.2-163 and 37.1-67.1 et seq., Code of Virginia.

A. Out of the amounts in this Item for Trial Processes shall be paid:

1. The annual salaries of all full-time Juvenile and Domestic Relations District Court Judges, $142,329 from July 1, 2010, to November 24, 2010, $142,329 from November 25, 2010, to November 24, 2011, and $142,329 from November 25, 2011, to June 30, 2012. Such salary shall be 90 percent of the annual salary fixed by law for judges of the Circuit Courts and shall represent the total compensation for Juvenile and Domestic Relations District Court Judges.

2. The salaries of substitute judges and court personnel.

B. There is hereby reappropriated the unexpended balances remaining at the close of business on June 30, 2010, in the appropriation made in Item 42, Chapter 781, Acts of Assembly of 2009, in the Item details Other Court Costs and Allowances (Criminal Fund) and Involuntary Mental Commitments and the balances remaining in these item details on June 30, 2011.

C. Any balance, or portion thereof, in the Item detail Involuntary Mental Commitments, may be transferred between Items 42, 43, 44, and 295, as needed, to cover any deficits incurred for Involuntary Mental Commitments by the Supreme Court or the Department of Medical Assistance Services.

D. The appropriation in this Item for Other Court Costs and Allowances (Criminal Fund) shall be used to implement the provisions of § 8.01-384.1:1, Code of Virginia.

E. Notwithstanding any other provision of law, when a Guardian ad Litem is appointed for a child by the Commonwealth, the juvenile and domestic relations district court or the circuit court, as the case may be, shall order the parent, parents, adoptive parent or adoptive parents of the child, or another party with a legitimate interest therein who has filed a petition with the court to reimburse the Commonwealth the costs of such services in an amount not to exceed the amount awarded the Guardian ad Litem by the court. If the court determines such party is unable to pay, the required reimbursement may be reduced or eliminated. In addition, it is the intent of the General Assembly that the Supreme Court actively administer the Guardian ad Litem program to ensure that payments made to Guardians ad Litem do not exceed that which is required. The Executive Secretary of the Supreme Court shall report August 1 and January 1 of each year to the Chairmen of the House Appropriations and Senate Finance Committees on the amounts paid for Guardian ad Litem purposes, amounts reimbursed by parents and/or guardians, savings achieved, and management actions taken to further enhance savings under this program.

F. Out of the amount appropriated from the general fund for  Other Court Costs and Allowances (Criminal Fund) in this Item, there shall be transferred an amount not to exceed $870,000 the first year and not to exceed $870,000 the second year to the Criminal Injuries Compensation Fund, administered by the Virginia Workers' Compensation Commission for the administration of the physical evidence recovery kit (PERK) program.

G. Included in the appropriation for this Item is $30,240 the first year and $30,240 the second year from the general fund to pay attorneys appointed by Juvenile and Domestic Relations judges to assist individuals confined in a state juvenile correctional facility in a court's jurisdiction regarding any legal matter relating to their incarceration.