Virginia HB 674: Telephone systems within correctional facilities; fees and records of communications.

Bill Text

2022SESSION
INTRODUCED
22100971D
1 HOUSEBILLNO.674
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend and reenact § 53.1-1.1 of the Code of Virginia, relating to telephone systems in
5 correctional facilities; fees and records of communications.
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Patron––Hope
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8 ReferredtoCommitteeonPublicSafety
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10 Be it enacted by the General Assembly of Virginia:
11 1. That §53.1-1.1 of the Code of Virginia is amended and reenacted as follows:
12 §53.1-1.1. Telephone systems within correctional facilities.
13 A. The Department of Corrections shall offer debit or prepaid telephone systems, in addition to any
14 existing collect calling systems, which allow telephone calls to be placed to the telephone number or
15 numbers on an approved call list. Such telephone systems may be established with the lowest available
16 rates.
17 B. No records of communications made from such telephone systems, including audio recordings or
18 transcripts, shall be disclosed to any person unless a search warrant is issued in accordance with the
19 provisions of Chapter 5 (§ 19.2-52 et seq.) of Title 19.2, except that an inmate or an attorney
20 representing an inmate shall have access to such inmate's records upon request of the inmate.
21 C. Each correctional facility shall create and maintain an audit log for each inmate for the purpose
22 of tracking access to the recordings or transcripts of an inmate's telephonic, electronic, or messaging
23 communications. Such audit log shall (i) identify each disclosed record and (ii) include a copy of the
24 search warrant issued in order to obtain such records.
25 Any records of communications obtained in violation of this section shall not be admissible as
26 evidence in a criminal prosecution or civil action.
INTRODUCED
HB674
7/29/22
6:55