Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020        

Bail; data collection and reporting standards, report.

Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person who is held in custody pending trial or hearing for an offense, civil or criminal contempt or otherwise, in every locality; (ii) create a uniform reporting mechanism for criminal justice agencies to submit such data; and (iii) submit an annual report on the data collected to the Governor and the General Assembly, as well as publish the annual report on the Department's website. The bill also provides that the law addressing bail is to be construed so as to give effect to a general presumption in favor of pretrial release. The bill also requires the Department to report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms. The bill has a delayed effective date of July 1, 2021, for provisions related to the creation of uniform reporting mechanisms and data collection by the Department.

Date Version PDF TXT
02/05/2020 Senate: Committee substitute printed 20107865D-S1 Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20102492D Open

            

2020 SESSION

    20107865D
    SENATE BILL NO. 723
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the Senate Committee on the Judiciary
    on February 5, 2020)
    (Patron Prior to Substitute--Senator McClellan)
    A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 9 of Title 19.2 a section numbered 19.2-134.1, relating to bail; data collection and reporting standards; report.

    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding in Article 1 of Chapter 9 of Title 19.2 a section numbered 19.2-134.1 as follows:

    19.2-134.1. Department of Criminal Justice Services to collect bail determination data; data reporting standards; report.

    A. The Department of Criminal Justice Services (the Department) shall create uniform reporting mechanisms for appropriate criminal justice agencies, as defined in � 9.1-101, in every locality to collect data relating to bail determinations made by judicial officers conducting hearings pursuant to � 19.2-80, 19.2-120, or 19.2-124, in order to facilitate the purpose of this article as set out in � 19.2-119.1. Collected data shall be disaggregated by locality and by individual. In order to maintain anonymity of the individual, localities shall use a unique identifier for each individual. The minimum required data collected by the Department shall include:

    1. The hearing date of any hearing conducted pursuant to � 19.2-80, 19.2-120, or 19.2-124 and the date any individual is admitted to bail;

    2. Information about the individual, including the individuals year of birth, race, ethnicity, gender, primary language, and residential zip code;

    3. The determination of the individuals indigency pursuant to � 19.2-159;

    4. Information related to the individuals charges, including the number of charges; the most serious offense the individual is charged with; the code section for such offense; the general description of such offense; whether such offense is a felony, misdemeanor, civil infraction, or other type of offense; and the specific classification of any felony or misdemeanor offense;

    5. If the individual is admitted to bail, information related to the conditions of bail and the bond, including (i) whether the bond was secured or unsecured; (ii) all monetary amounts set on the bond, including amounts set on both secured and unsecured bonds; (iii) any initial nonmonetary conditions of release imposed; (iv) any subsequent modifications; and (v) whether the individual utilized the services of a bail bondsman;

    6. If the individual is not admitted to bail, the reason for the denial;

    7. Any outstanding arrest warrants or other bars to release from any other jurisdiction;

    8. Any revocation of bail due to a violation of such individuals conditions of release, failure to appear for a court hearing, or the commission of a new offense by such individual;

    9. The date the individual is sentenced to an active term of incarceration and the date such individual begins serving such active term;

    10. All dates the individual is released or discharged from custody, including release upon satisfaction of the terms of any recognizance, release upon the disposition of any charges, or release upon completion of any active sentence;

    11. The reason for any release or discharge from custody, including whether the individual posted a bond, was released on a recognizance, or was released under terms of supervision, or whether there was a disposition of the charges that resulted in release of the individual. If the reason for release is due to a court order or a disposition of the charges resulting in release, the data collected shall include the specific reason for release, including the nature of the court order or, if there was a conviction, the particular sentence imposed. The data shall also include a list of definitions of any terms used by the locality to indicate reasons for release or discharge; and

    12. The average cost for housing the individual in the local correctional facility, as defined in � 53.1-1, for one night.

    B. The Department shall submit an annual report on the data collected pursuant to this section to the Governor and the General Assembly on or before December 31 as provided in the procedures of the Division of Legislative Automated Services for the processing of legislative documents and reports and the annual report shall be posted on the General Assemblys website. The Department shall publish the annual report on the Departments website no later than 10 days following its submission to the Governor and the General Assembly.

    2. That the provisions of � 19.2-134.1 of the Code of Virginia, as created by this act, shall become effective on July 1, 2021.

    3. That the Department of Criminal Justice Services (the Department) shall report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms required by � 19.2-134.1 of the Code of Virginia, as created by this act. In developing the uniform reporting mechanisms, the Department may work with one or more local jurisdictions to pilot the implementation of the provisions of this act and shall have access to the data from and consider prior studies of the Virginia State Crime Commission pertaining to pretrial data and process and any other relevant information necessary to carry out the requirements of � 19.2-134.1 of the Code of Virginia, as created by this act.

    Picture Name From Date Type
    Jennifer L. McClellan D-Richmond Sponsor
    Date Branch Action
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20102492D
    01/07/2020 Senate Senate: Referred to Committee on the Judiciary
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki




    Start Description.
    Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person who is held in custody pending trial or hearing for an offense, civil or criminal contempt or otherwise, in every locality; (ii) create a uniform reporting mechanism for criminal justice agencies to submit such data; and (iii) submit an annual report on the data collected to the Governor and the General Assembly, as well as publish the annual report on the Departme
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Courts
    That the Department of Criminal Justice Services (the Department) shall report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms required by � 19

    Bail



    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type