Winter 2008

Legislative Update

Additional information to be posted 2-7-2008

State Legislative Activity

As the Advocate went to press, the Virginia General Assembly was in session and VJJA was actively monitoring a number of bills. The following is a list of bills of potential interest to juvenile justice workers and mental health practitioners:

Bills Scheduled to Be Heard on Thursday, February 7

SB 732 - Smith - Class 1 misdemeanors; local law-enforcement shall report to school superintendent, etc.

HB 267 - Albo - Involuntary commitment; enforcement of compliance with outpatient treatment.

HB 499 - Hamilton - Involuntary commitment; establishes new standard for outpatient commitment.

HB 1131 - Fralin - Children's Ombudsman, Office of; created, report.

SB 337 - Cuccinelli - Courtroom proceedings; provides general & juvenile & domestic relations district courts may record.

SB 394 - Edwards - Parental rights; appeal when terminated.

Other Bills Of Potential Interest

Look up the status of any bill at: http://legis.state.va.us/

HB 38 Incarcerated persons; court orders credit for time served in jail pending trial. A BILL to amend and reenact § 53.1-187 of the Code of Virginia, relating to credit for time spent in confinement while awaiting trial. Provides that when a court orders credit for time served in jail pending trial, etc., it may order that no time or a portion of the time be deducted from the sentence of a term of confinement when a person violates his terms of bail and is incarcerated in a local correctional facility for a violation of his terms of bail pending his trial or appeal.
Patron: Scott, E.T.

HB 103 Correctional facility; verification of citizenship and alien status of person committed.  A BILL to amend and reenact § 53.1-218 of the Code of Virginia, relating to reports on alien status of offenders. Clarifies the mandate that any person in charge of a correctional facility shall inquire as to the citizenship status of a person in his facility and to inquire of the Law Enforcement Support Center of the Bureau of Immigration and Customs Enforcement of the United States Department of Homeland Security as to the person's alien status, for purposes of reporting alien status to the Central Criminal Records Exchange.
Patrons: Albo, Rust and Frederick

HB 121 Mental health treatment for minors; parental notification required.A BILL to amend and reenact § 54.1-2969 of the Code of Virginia, relating to parental notification of minor's mental health treatment. Requires any state or local government employee providing mental health treatment to a minor to notify the minor's parent, legal guardian, or person standing in loco parentis of the provision of services within five days of the provision of services.
Patron: Lingamfelter

HB 136 School; definition thereof for purposes of prohibiting weapons on school grounds.  A BILL to amend and reenact § 18.2-308.1 of the Code of Virginia, relating to possession of firearm, stun weapon, or other weapon on school property; definition of school.Defines "school" for the purposes of prohibiting weapons on school grounds as any public school from kindergarten through grade 12 operated under the authority of any locality within the Commonwealth, or any private or religious school that offers instruction at any level or grade from kindergarten through grade 12. Currently the definition is limited to any elementary, middle, or secondary school.
Patron: Peace

HB 242 Standards of Learning; physical education requirements.  A BILL to amend and reenact § 22.1-253.13:1 of the Code of Virginia, relating to physical education requirements. Requires local school boards to implement a minimum of 150 minutes of physical education per week for all students in grades kindergarten through 12 by the 2013-2014 school year.  The requirement will be gradually phased in at the elementary school level, and recess must not be counted towards this requirement.
Patrons: O'Bannon and Hargrove

HB 267 Involuntary commitment; enforcement of compliance with outpatient treatment.  A BILL to amend and reenact § 37.2-817 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 37.2-816.1, relating to involuntary commitment; outpatient monitoring. Allows the judge or special justice when presiding over a civil commitment hearing to consider testimony from close family members as to the respondent's conduct and treatment history. The bill also allows for civil involuntary outpatient commitment for a person whose past commitment history and psychosis diagnosis indicated that when they are not taking their medicine they meet the involuntary commitment standard. The measure provides for the person to be transferred from inpatient to outpatient treatment upon a petition and a supporting affidavit from a psychologist or psychiatrist and allows a judge or special justice to bring a person back before him for a hearing for material noncompliance with an outpatient treatment order.
Patron: Albo

HB 321 Juvenile correctional officer; assault or an assault and battery upon is Class 6 felony.  A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to penalty for assault on a juvenile correctional officer.  Provides that an assault or an assault and battery upon any juvenile correctional officer or other person directly involved in the care, treatment, or supervision of juveniles who are in a juvenile correctional facility, in a secure juvenile detention facility, or in a secure facility operated by or under contract with the Department of Juvenile Justice is a Class 6 felony. This bill expands the class of individuals for whom, if they are victims of an assault, there is a greater penalty for the crime.
Patron: Saxman

HB 325 Guardians ad litem; dissemination of criminal records.  A BILL to amend and reenact § 19.2-389 of the Code of Virginia, relating to the dissemination of criminal history records to Guardians ad litem.  Allows the dissemination of criminal records to GALs.
Patron: Saxman

HB 441 Correctional facilities; enforcement of federal civil immigration laws.  A BILL to amend and reenact § 53.1-218 of the Code of Virginia, relating to correctional facilities; enforcement of federal civil immigration laws.  Requires the officer in charge of a correctional facility to ensure that at least one officer on duty at the facility is authorized to enforce federal civil immigration laws, pursuant to a memorandum of understanding with federal Immigration and Customs Enforcement. Such an agreement is often referred to as a "287(g)" agreement.
Patron: Rust

HB 496 Crimes by Gangs Act; definition of predicate criminal act.  A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to the definition of "predicate criminal act" under the Crimes by Gangs Act.  Includes within the definition the shooting at certain vehicles (§ 18.2-154) and the shooting within an occupied dwelling (§ 18.2-279).
Patron: Cosgrove

HB 527 Juveniles; retention of fingerprints for those given deferred disposition in criminal case.  A BILL to amend and reenact § 16.1-299 of the Code of Virginia, relating to retention of fingerprints of juveniles given deferred disposition in a criminal case. Requires that fingerprints of a juvenile whose criminal charges are deferred and dismissed be sent to and retained by the Central Criminal Records Exchange. Currently such fingerprints are retained only upon a finding of delinquency or guilt.
Patron: Pogge

HB 531 Gang-related criminal information; law-enforcement agencies to forward to Dept. of State Police.  A BILL to amend the Code of Virginia by adding a section numbered 52-28.1, relating to reporting of gang-related criminal information.  Requires law-enforcement agencies to forward gang-related criminal information to the Department of State Police for inclusion in the annual Crime in Virginia report.
Patron: Mathieson

HB 536 Court-appointed counsel; compensation in district court for those defending juvenile offenders.  A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel; juvenile offenders. Provides that court-appointed counsel who are appointed to defend a juvenile in district court for an offense that would be a felony if committed by an adult may request a waiver on the compensation cap up to certain specified amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The maximum amounts of the waivers allowed are fixed at the level of the compensation cap for defending adults of the same crimes in circuit court.
Patron: Peace

HB 553 Criminal case; deferred disposition.  A BILL to amend and reenact § 19.2-303.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-303.5, relating to ability of a court to defer disposition.  Allows a court to defer disposition in and discharge and dismiss any criminal case.
Patron: Griffith

HB 567 Sexual offenses; those convicted prohibited entry onto school property.  A BILL to amend and reenact § 18.2-370.5 of the Code of Virginia, relating to sex offenses prohibiting entry onto school property; penalty.  Provides that every adult who is convicted of a sexually violent offense, as defined in § 9.1-902, shall be prohibited from entering and being present upon any property he knows or has reason to know is a public or private elementary or secondary school or child day center property. Currently, the prohibition only applies during school hours.
Patrons: Crockett-Stark and Gilbert

HB 582 Psychiatric inpatient treatment of minors; timing of petition and hearing.  A BILL to amend and reenact §§ 16.1-338, 16.1-339, 16.1-340, and 16.1-341 of the Code of Virginia, relating to psychiatric inpatient treatment of minors; timing of petition and hearing.  Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the filing of the petition for such hearing. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission.
Patron: Marsden

HB 585 Juvenile care facilities; Board of Juvenile Justice to est. regulations for smoke detectors, etc.  A BILL to amend the Code of Virginia by adding a section numbered 66-10.2, relating to regulations regarding smoke detectors, fire detection, and suppression systems; noncombustible construction in certain newly constructed juvenile care facilities. Requires the Board of Juvenile Justice to promulgate regulations requiring smoke detectors, fire suppression systems, and fire-safe construction materials for use in juvenile facilities.
Patron: Marsden

HB 587 Juvenile convicts; payment of restitution.  A BILL to amend and reenact § 19.2-305.2 of the Code of Virginia, relating to the payment of restitution by juvenile convicts. States that if the juvenile is under the age of 16, the court may not order restitution exceeding $2,500 and that in any case of juvenile restitution, the court may order the parents of the juvenile to pay.
Patron: Marsden

HB 589 Gangs; voluntarily submitting to hazing as part of initiation.  A BILL to amend and reenact § 18.2-55.1 of the Code of Virginia, relating to participating in hazing of youth gang members. Provides that voluntarily submitting to hazing as a part of gang initiation is a Class 3 misdemeanor and that engaging in an act of carnal knowledge with the subject of such hazing is a Class 1 misdemeanor.
Patron: Marsden

HB 590 Predicate criminal act; adds simple larceny of motor vehicle to list.  A BILL to amend and reenact § 18.2-46.1 of the Code of Virginia, relating to crimes by gangs; predicate criminal act. Adds to the list of predicate criminal acts the simple larceny of a motor vehicle.
Patron: Marsden

HB 591 Probation officers; removes court services staff from list to advise child of right to counsel.  A BILL to amend and reenact §§ 16.1-266 and 16.1-267 of the Code of Virginia, relating to advisement of right to counsel; determination of indigency; probation officers. Removes probation officers and other court services staff from the list of persons who are permitted to advise a child of his right to counsel in cases in which the child is alleged to be in need of services, in need of supervision, or delinquent and from the list of persons who are permitted to advise a parent or guardian of his right to counsel in cases in which a child is alleged to be abused or neglected or at risk of abuse or neglect or in which a parent could be subjected to the loss of residual parental rights. The bill also provides that probation officers and other court services staff are not responsible for determining whether or not parties who request court-appointed counsel are indigent.
Patron: Marsden

HB 606 Juvenile defendants; electronic recording of interrogations.  A BILL to amend and reenact § 16.1-228 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-274.2, relating to electronic recording of statements made by juvenile defendants. Requires that statements made by a juvenile criminal defendant accused of committing a violent juvenile felony are to be electronically recorded and that failure to record such statements shall be a factor to be considered by the court re admissibility.
Patron: Eisenberg

HB 705 Sex offenses prohibiting proximity to children; penalty.  A BILL to amend and reenact §§ 18.2-10, 18.2-370.2, 18.2-370.3 and 18.2-370.4 of the Code of Virginia, relating to sex offenses prohibiting proximity to children; penalties. Adds publicly operated recreation centers and community center facilities serving children to those places where a person convicted of certain sexual offenses defined as "sex offenses prohibiting proximity to children" is prohibited from loitering within 100 feet of.
Patron: BaCote

HB 750 Termination of parental rights; juvenile court as court of record.  A BILL to amend and reenact §§ 16.1-241, 16.1-296, 16.1-298, and 17.1-405 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-296.3, relating to termination of parental rights; juvenile and domestic relations district court functions as a court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.
Patrons: Toscano and Kilgore

HB 893 Assault and battery of juvenile detention facility employee; penalty.  Summary as introduced: Assault and battery of juvenile detention facility employee; penalty. Provides that any person who commits an assault or an assault and battery against a person employed in a secure juvenile detention facility who is directly involved in the control, care, treatment, or supervision of detainees confined in such a facility while that employee is engaged in the performance of his duties is guilty of a Class 6 felony with a mandatory minimum sentence of six months.
Patron: Lohr

HB 1131 Office of the Children's Ombudsman.  Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and the provision of information for children, parents, and citizens involved with child-serving agencies.
Patrons: Fralin and Brink

HB 1182 Grand larceny as a predicate criminal act for gang membership.  Adds grand larceny to the list of predicate criminal acts upon which gang participation is predicated.
Patron: Lingamfelter

HB 1207 Serious juvenile offenders. Allows a juvenile convicted as an adult and sentenced to an active term of incarceration with the Department of Juvenile Justice and followed by an active term of incarceration with the Department of Corrections to gain earned sentence credits while serving the juvenile portion of the sentence in a juvenile correctional center.
Patron: Melvin

HB 1254 Juvenile records; confidentiality. Summary as introduced:
Juvenile records; confidentiality.  Allows the Department of Juvenile Justice to share with law enforcement the information of a juvenile, without request, if the Department reasonably believes that it would aid in a criminal investigation involving a predicate criminal act or a criminal street gang as those terms are defined in § 18.2-46.1. Also, the bill provides that when such information is exchanged, it shall not include identifying information of the juvenile.
Patron: Marsden

HB 1255 Venue; transfer of jurisdiction of a juvenile. Summary as introduced:
Venue; transfer of jurisdiction of a juvenile.  Provides that a child released to a legal residence in a court services unit jurisdiction other than the committing jurisdiction shall be the responsibility of the court services unit in the jurisdiction of the legal residence.
Patron: Marsden

HB 1258 Expungement of juvenile records.  States that when a clerk destroys records pursuant to a juvenile record expungement, he shall obtain an order requiring all law-enforcement agencies, social services offices, correctional facilities, and Commonwealth attorneys' offices to destroy their records as well. Also the bill requires the CCRE to notify federal criminal justice agencies of the expungement and clarifies that a circuit court may be the court required to expunge records in certain cases.
Patron: Marsden

HB 1263 Truancy and school dropout prevention.  Provides that local school boards must implement school dropout prevention programs and services that include an emphasis on truancy prevention. The bill amends relevant Code sections pertaining to compliance with the compulsory school attendance law to strengthen the authority of local school boards.
Patron: Hall

HB 1290 Restorative justice programs.  Provides that courts may order offenders to be assessed for their suitability to enter a restorative justice program and, if found suitable, the offender may enter such a program. Restorative justice programs are intended to facilitate meetings or dialogues between victims of crime and the offenders, as well as other individuals and community members if appropriate, with the goal of addressing the needs of the victim and the community through agreements with the offenders addressing issues such as reparation, restitution, and community service.
Patron: Athey

HB 1300 Threatening state employee; penalty.  Creates a Class 1 misdemeanor for any person to threaten to take the life of or inflict bodily harm upon a state employee for the purpose of interfering with such employee's official duties.
Patron: Frederick (by request)

HB 1324 Mental health records; mandatory sharing.  Requires mental health care providers to share the medical information of persons, including juveniles and incarcerated persons, who are being examined pursuant to the civil commitment process with magistrates, courts and others involved in the evaluation of the person.
Patron: Toscano

HB 1382 Department of Social Services; petitions.  Authorizes nonattorney employees of the Department of Social Services to complete, sign and file petitions in Department cases and provides that any orders entered prior to the effective date of this bill are not deemed void or voidable solely because the petitions and motions were signed by nonattorney employees.
Patron: Iaquinto

HB 1400 Disclosure of minor's drug test results.  Provides that a minor shall not be deemed an adult for the purpose of consenting to a drug test when the minor is not receiving outpatient care, treatment or rehabilitation for substance abuse and that a parent, legal guardian or person standing in loco parentis may obtain the results of a minor's drug test.
Patron: Pogge

HJ 113 Juvenile justice system; State Crime Commission to continue its study.  Summary as introduced:  Study; juvenile justice; Virginia State Crime Commission. Directs the Commission to continue its study of juvenile justice.
Patron: Moran

HJ 160 Juvenile justice system; joint subcommittee to study efficacy and possible changes to improve.  Provides for a two-year study of the juvenile justice system and how to make it more effective at protecting society and rehabilitating juveniles.
Patron: Phillips

HJ 179 Chronic truancy and dropout preventions; Board of Education to study need for and ways of improving.  Requests the Board of Education to study the need for and ways of improving the coordination between chronic truancy and dropout prevention in Virginia. In conducting its study, the Board of Education shall, among other things, (i) review state laws and its policies relating to the enforcement of compulsory school attendance, truancy, and dropout prevention for consistency and clarity; (ii) evaluate the need for and duties of school attendance officers as provided by state law, and the need for conformity in statutory requirements pertaining to school attendance officers; (iii) evaluate the need to clarify and enhance the responsibilities of division superintendents to enforce compulsory school attendance laws; (iv) assess factors related to the causes of academic underachievement, chronic truancy, and school dropout and determine whether, and under what conditions, such students should also be considered “children in need of services” for compulsory school attendance purposes; (v) consider the need and efficacy of defining “truancy” and “chronic truancy” in the Code of Virginia; and (vi) recommend to the General Assembly such changes to state law and public policies, including funding, and such other initiatives as the Board may deem appropriate and necessary to effect a comprehensive approach to chronic truancy and dropout prevention. The Board must submit its findings and recommendations to the 2009 Session of the General Assembly.
Patron: Hall

SB 28 Child-friendly visiting rooms; state correctional facilities required to provide.  Requires each state correctional facility to provide child-friendly visiting rooms to promote positive bonds between incarcerated parents and their children. This bill requires the Department of Corrections to promulgate regulations governing the use of these visiting rooms that do not penalize inmates with sanctions, such as termination of a visit, due to normal child behavior.
Patron: Miller, Y.B.

SB 138 Prisoners; medical and psychiatric benefits.  Requires the Department of Corrections to take reasonable steps to identify any benefits, including any Social Security or Veterans Administration benefits, for which a prisoner may be eligible and take such steps as may be necessary to ensure that benefits are available to the prisoner at the time of release.
Patron: Puller

SB 222 Possession of firearms by persons who committed felonies while juveniles.  Provides that despite the date of his conviction, a juvenile adjudicated delinquent of certain heinous felonies shall not, when he reaches the age of 29 years, be entitled to possess a firearm. Currently, the prohibition on possession after the age of 29 exists only for juvenile felonies committed on or after July 2005.
Patron: McDougle

SB 315 Office of the Children's Ombudsman.  Creates the Office of the Children's Ombudsman to provide ombudsman services, including investigation of complaints, advocacy, and the provision of information for children, parents, and citizens involved with child-serving agencies.
Patrons: Edwards and Houck; Delegate: Brink
STATUS: On Friday, February 1, the Senate Committee on Rehabilitation and Social Services responded favorably to the Children’s Ombudsman bill and reported it out of committee with only one opposing vote.  It was then referred to Senate Finance where it was heard on Wednesday, February 6. The bill passed out of Senate Finance 9 to 7 but with the following amendment: That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriations act passed by the 2008 Session of the General Assembly, which becomes law. The companion bill was reported out of the House General Laws Committee unanimously Tuesday and may be heard in the House Appropriations Committee Wednesday as well. 

SB 337 Recording courtroom proceedings.  Provides that proceedings in general and juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices. The bill also provides that the proceedings in misdemeanor cases may be recorded in the same manner. The bill also imposes a fee of $50 upon any party who uses mechanical or electronic devices provided by the court to make a verbatim recording of the evidence and incidents of a trial or proceeding in both circuit and district courts. The fee shall be retained locally and paid into a special fund for the purpose of repairing, replacing, or supplementing such devices or to pay for the purchase price of such devices or for renovations to the courtroom necessary for the use of such devices.
Patron: Cuccinelli

SB 372 Placement of juveniles on the sex offender registry.  Provides that juveniles adjudicated delinquent for an offense for which registration on the sex offender registry is required and who are 12 years of age or older at the time of the offense shall be required to register.
Patron: Stuart STATUS: After representatives from VJJA met with this delegate, he asked the committee to "pass by for the year"

SB 472 Licensure of group homes and residential facilities for children.  Eliminates provisions requiring the Department of Education and the Department of Mental Health, Mental Retardation and Substance Abuse Services to regulate group homes and residential facilities for children. This bill requires the Department of Social Services to regulate group homes and residential facilities for children, requires the Department of Education to regulate educational programs and the Department of Mental Health, Mental Retardation and Substance Abuse Services to regulate mental health, mental retardation or substance abuse services offered in group homes and residential facilities for children licensed by the Department of Social Services.
Patron: Hanger

SB 590 Sex offenders; registration; penalty.  Makes various amendments addressing the Sex Offender and Crimes Against Minors Registry including what crimes require registration, the effect of a failure to register or reregister, the effect of providing false information or failing to provide registration information, and the procedures to petition for removal of a name from the Registry to ensure that Virginia law complies with the federal Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. § 16901 et seq.).
Patron: Howell

SB 610 Compensation of court-appointed counsel; juvenile offenders.  Provides that court-appointed counsel who are appointed to defend a juvenile in district court for an offense that would be a felony if committed by an adult may request a waiver on the compensation cap up to certain specified amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The maximum amounts of the waivers allowed are fixed at the level of the compensation cap for defending adults of the same crimes in circuit court.
Patron: Stolle

SJ 90 Study; restorative justice; report. Directs the Virginia State Crime Commission to study restorative justice and specifically, victim-offender reconciliation programs.
Patron: Norment

Federal Legislative Activity

To Be Posted 2-7-2008