Virginia SB 1534: Adults charged with a criminal offense punishable by incarceration; collection & reporting of data.

Bill Text

2023SESSION
INTRODUCED
23102142D
1 SENATEBILLNO.1534
2 OfferedJanuary20,2023
3 A BILL to amend and reenact § 19.2-134.1 of the Code of Virginia, relating to collection and reporting
4 of data related to adults charged with a criminal offense punishable by confinement in jail or a term
5 of imprisonment; Virginia Longitudinal Data System.
6 ––––––––––
Patron––Deeds
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8 ReferredtoCommitteeontheJudiciary
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §19.2-134.1 of the Code of Virginia is amended and reenacted as follows:
12 § 19.2-134.1. Collection and reporting of data related to adults charged with a criminal offense
13 punishable by confinement in jail or a term of imprisonment.
14 A. The Virginia Criminal Sentencing Commission shall, on an annual basis, collect statewide and
15 locality-level data related to all adults charged with any criminal offense punishable by confinement in
16 jail or a term of imprisonment in the Commonwealth. The Virginia Criminal Sentencing Commission
17 may request data and shall be provided such data upon request from (i) every department, division,
18 board, bureau, commission, authority, or other agency created by the Commonwealth, or to which the
19 Commonwealth is a party, or any political subdivision thereof; (ii) any criminal justice agency as
20 defined in § 9.1-101; and (iii) the clerk of each circuit court. If the statewide Circuit Court Case
21 Management System is used by the circuit court clerk, the Executive Secretary of the Supreme Court
22 shall provide for the transfer of such data upon request of the Virginia Criminal Sentencing
23 Commission. The Virginia Criminal Sentencing Commission shall use the data only for research,
24 evaluation, or statistical purposes and shall ensure the confidentiality and security of the data.
25 B. The Virginia Criminal Sentencing Commission shall collect data as necessary to report on the
26 following:
27 1. Information about the individual charged, including sex, race, year of birth, and residential zip
28 code;
29 2. The type of charging document, including summons, warrant, direct indictment, or any other
30 charging document;
31 3. Information related to the offense or offenses with which the individual was charged, including (i)
32 the date on which the individual was charged; (ii) the total number of charges; (iii) the Code section or
33 county, city, or town ordinance under which the charge was issued; (iv) whether the charge was a
34 felony, misdemeanor, or other type of offense; and (v) the classification of each such felony,
35 misdemeanor, or other type of offense;
36 4. Whether, at the time the individual was charged, that individual was a named defendant in any
37 pending criminal proceeding in the Commonwealth;
38 5. Whether, at the time the individual was charged, that individual was under the supervision of the
39 Department of Corrections, any local community-based probation agency, or any pretrial services
40 agency;
41 6. Whether, at the time the individual was charged, that individual's criminal history record included
42 any charges or convictions for failure to appear within the Commonwealth, and if so, the date of such
43 charge or conviction;
44 7. Whether, at the time the individual was charged, that individual's criminal history record included
45 any conviction for any criminal offense committed within the Commonwealth, and if so, the offense for
46 which that individual was convicted and the date of such conviction;
47 8. Whether, at the time the individual was charged, that individual's criminal history record included
48 any convictions for which the individual was ordered to serve an active term of incarceration;
49 9. Information related to the individual's detention status at the time of the charge and any changes
50 to the individual's detention status prior to the final disposition of the charge, including whether that
51 individual was released on a summons, denied bail, or admitted to bail, and if admitted to bail, the date
52 of release from custody;
53 10. For those individuals who were detained at the time of the charge, information related to the
54 conditions of bail and the bond initially ordered on the charge, including (i) whether bail was denied,
55 (ii) whether the bond was secured or unsecured, and (iii) all monetary amounts set on the bond;
56 11. For those individuals admitted to bail prior to the final disposition of the charge, whenever
57 available, information related to the conditions of bail and the bond at the time that individual was
58 admitted to bail, including (i) whether the bond was secured or unsecured, (ii) all monetary amounts set
INTRODUCED
SB1534
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SB1534 2of2
59 on the bond, (iii) whether that individual was ordered to be supervised by a pretrial services agency, and
60 (iv) whether that individual utilized the services of a bail bondsman;
61 12. Whether the individual was charged with failure to appear i