Virginia HB 553: Corrections, Department of; language services for offenders.

Bill Text

2026 SESSION

INTRODUCED

26101313D

HOUSE BILL NO. 553

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 53.1 a section numbered 53.1-1.3, relating to Department of Corrections; language services for offenders.

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Patrons—Anderson, Schmidt, Anthony, Henson, Keys-Gamarra, Mehta, Rasoul and Shin

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Referred to Committee on Public Safety

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Be it enacted by the General Assembly of Virginia: 

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 1 of Title 53.1 a section numbered 53.1-1.3 as follows: 

§ 53.1-1.3. Language services for offenders.

A. An offender is considered to have limited English proficiency if (i) such offender states or indicates that he cannot effectively communicate in English or requires the use of sign language, (ii) an employee of the Department discerns that the offender is not English proficient or requires the use of sign language based on an interaction or multiple interactions with such offender, (iii) the offender was provided an interpreter at a court hearing or other legal proceeding, or (iv) a Comprehensive Adult Student Assessment Systems test determines the lack of English proficiency of such offender.

B. The Department shall take reasonable steps to provide offenders with limited English proficiency with meaningful access to Department facilities, services, programs, and activities to ensure that language does not prevent employees from communicating effectively with such offenders. The limited English proficiency status of an offender shall not prevent him from accessing vital services such as programs, treatment, education, and classification assignments.

C. Department employees shall ensure that offenders with limited English proficiency are not penalized and that their rights are not adversely affected due to a lack of language assistance. A lack of language assistance also shall not negatively impact the length of the incarceration, facility assignment, postrelease status, supervision, or classification of such offender. No offender with limited English proficiency shall be penalized for failing to obey a command if such failure is due to a lack of free language assistance.

D. Department employees shall provide offenders with limited English proficiency verbal and written language assistance in the areas of treatment and education programming, safety, medical, mental health, grievance, and proceedings such as disciplinary and classification at no cost to the offender.

E. All offenders designated as limited English proficient shall be provided an "I Speak" card to assist employees in identifying such offender's primary language for both oral and written communication, which shall be recognized by Department employees in all interactions.

F. Department employees shall provide public notice of language services and these notices shall be posted in areas accessible by all offenders.

G. The Director shall designate a language services coordinator responsible for overseeing and directing language services for offenders with limited English proficiency, including the development and management of applicable contracts, documents, and resources. The language services coordinator shall:

1. Coordinate language assistance services with facility and office language services monitors. Such services shall include (i) academic, job training, and cognitive programming; (ii) substance use treatment and testing; (iii) mandatory programming or programming that impacts the term of incarceration or supervised release; (iv) classification and Institutional Classification Authority hearings; (v) disciplinary hearings; (vi) medical assessment and treatment; (vii) mental health assessments and treatment; (viii) visitation; (ix) court hearings, as requested by the court; (x) job or program assignments and pay level; (xi) Prison Rape Elimination Act (P.L. 108-79) screening, orientation, and education; and (xii) filing of inmate grievances, including informal complaints;

2. Coordinate the identification of language service needs in the Department and strategies for responding to those needs;

3. Serve as the contract administrator for all Department language services contracts for interpreter and translator services;

4. Identify, in coordination with facility or office language services monitors, the regularly encountered languages of the offenders with limited English proficiency of such facility or office;

5. Translate the general conditions of supervision and all intake documents to the language spoken by the offender with limited English proficiency and provide such offender a printed copy;

6. Maintain a directory of all qualified bilingual employees throughout the Department, including the non-English languages they speak and their contact information, work locations, assignments, and shifts;

7. Ensure that the current offenders with limited English proficien