Authority: Title 17.1, Chapter 8, Code of Virginia
A. For any fiscal impact statement prepared by the Virginia Criminal Sentencing Commission pursuant to § 30-19.1:4, Code of Virginia, for which the commission does not have sufficient information to project the impact, the commission shall assign a minimum fiscal impact of $50,000 to the bill and this amount shall be printed on the face of each such bill, but shall not be codified. The provisions of § 30-19.1:4, paragraph H. shall be applicable to any such bill.
B. The clerk of each circuit court shall provide the Virginia Criminal Sentencing Commission case data in an electronic format from its own case management system or the statewide Circuit Case Management System. If the statewide Circuit Case Management System is used by the clerk, when requested by the Commission, the Executive Secretary of the Supreme Court shall provide for the transfer of such data to the Commission. The Commission may use the data for research, evaluation, or statistical purposes only and shall ensure the confidentiality and security of the data. The Commission shall only publish statistical reports and analyses based on this data as needed for its annual reports or for other reports as required by the General Assembly. The Commission shall not publish personal or case identifying information, including names, social security numbers and dates of birth, that may be included in the data from a case management system. Upon transfer to the Virginia Criminal Sentencing Commission, such data shall not be subject to the Virginia Freedom of Information Act. Except for the publishing of personal or case identifying information, including names, social security numbers and dates of birth, the restrictions in this section shall not prohibit the Commission from sharing aggregate data when requested by a member of the General Assembly, the Office of the Attorney General, the Office of the Governor, or a member of the Governor's Cabinet.
C. The Executive Secretary of the Supreme Court shall provide for the transfer of juvenile case information maintained in electronic format in a case management system to the Virginia Criminal Sentencing Commission. Such information shall include: (i) case identifying information, including names, complete dates of birth and social security numbers, and case or docket numbers; (ii) charges, including statutes, descriptions, and Virginia Crime Codes established by § 19.2-390.01; (iii) offenses for which the juvenile was found delinquent, including statutes, descriptions, and Virginia Crime Codes; (iv) dispositions in delinquency cases, and; (v) information to identify cases in which a preliminary hearing was held pursuant to § 16.1-269.1 and cases transferred for trial in circuit court. The Commission may use the data only for research, evaluation, or statistical purposes, for the preparation or assistance with the preparation of sentencing guidelines required by § 19.2-298.01, or for aggregate analysis necessary for the development or revision of sentencing guidelines as provided in § 17.1-806. The data may also be used in the preparation of aggregate reports required by law or requested by a member or office of the General Assembly, the Office of the Attorney General, the Office of the Governor, or a member of the Governor's Cabinet. The Commission shall ensure the confidentiality and security of the data. The Commission shall not publish personal or case identifying information, including names, social security numbers, and dates of birth, included in the data. Upon transfer, such data shall not be subject to the Virginia Freedom of Information Act.