Virginia SB 150: Criminal fiscal impact statement; bills resulting in a net increase of period of imprisonment.

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2020 SESSION

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20102535D

SENATE BILL NO. 150 

Offered January 8, 2020 

Prefiled December 18, 2019 

A BILL to amend and reenact �� 30-19.1:4 and 30-28.18 of the 
 Code of Virginia, relating to fiscal impact statements for bills resulting in a 
 net increase of periods of imprisonment or commitment. 
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Patron-- Howell 

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Referred to Committee on Rules 

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Be it enacted by the General Assembly of Virginia:

1. That �� 30-19.1:4 and 30-28.18 of the Code of Virginia are 
 amended and reenacted as follows:

� 30-19.1:4. Increase in terms of imprisonment or commitment; 
 fiscal impact statements; appropriations for operating costs.

A. The Virginia Criminal Sentencing Commission shall prepare a 
 fiscal impact statement reflecting the operating costs attributable to and 
 necessary appropriations for any bill which would result in a net increase in 
 periods of imprisonment in state adult correctional facilities. The Department 
 of Planning and Budget shall annually provide the Virginia Criminal Sentencing 
 Commission with the operating cost per inmate.

B. The Department of Planning and Budget, in conjunction with 
 the Department of Juvenile Justice, shall prepare a fiscal impact statement 
 reflecting the operating costs attributable to and necessary appropriations for 
 any bill that would result in a net increase in periods of commitment to the 
 custody of the Department of Juvenile Justice.

C. The requirement for a fiscal impact statement includes, but 
 is not limited to, those bills which add new crimes for which imprisonment or 
 commitment is authorized, increase the periods of imprisonment or commitment 
 authorized for existing crimes, impose minimum or mandatory minimum terms of imprisonment 
 or commitment, or modify the law governing release of prisoners or juveniles in 
 such a way that the time served in prison, or the time committed to the custody 
 of the Department of Juvenile Justice, will increase.

D. The fiscal impact statement of any bill introduced on or 
 after July 1, 2002, that would result in a net increase in periods of 
 imprisonment in state correctional facilities or periods of commitment to the 
 custody of the Department of Juvenile Justice, shall include an analysis of the 
 fiscal impact on local and regional jails, state and local pretrial and 
 community-based probation services agencies and juvenile detention facilities.

E. No bill described in 
 subsection A or B shall be (i) reported from a standing committee to the House 
 of Delegates or the Senate or (ii) passed by the House of Delegates or the 
 Senate unless a fiscal impact statement for the current 
 version of the bill has been prepared, and the amount of 
 the estimated appropriation is reflected in 
 the fiscal impact statement is printed on the face of the 
 bill or reported or passed as an amendment to such bill. The amount of the estimated appropriation refl