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2012 Session

Budget Bill - HB1300 (Introduced)

General District Courts

Item 42

Item 42

First Year - FY2011Second Year - FY2012
Pre-Trial, Trial, and Appellate Processes (32100)$93,766,638$94,114,187
Trial Processes (32103)FY2011 $76,503,740FY2012 $76,503,740
Other Court Costs and Allowances (Criminal Fund) (32104)FY2011 $12,579,826FY2012 $12,864,147
Involuntary Mental Commitments (32105)FY2011 $4,683,072FY2012 $4,746,300
Fund Sources:  
GeneralFY2011 $93,766,638FY2012 $94,114,187

Authority: Article VI, Section 8, Constitution of Virginia; §§ 16.1-69.1 through 16.1-137, 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 General 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 General District Court Judges and incorporate all supplements formerly paid by the various localities.


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 41, 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.1. 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.


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.


E. 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 $40,000 the first year and not to exceed $40,000 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.


F. A district court judge shall only be reimbursed for mileage for commuting if the judge has to travel to a courthouse in a county or city other than the one in which the judge resides and the distance between the judge's residence and the courthouse is greater than 25 miles.