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2023 - FINES AND FEES

HB 1655 Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment.  FAILED.
Introduced by: Marcia S. "Cia" Price [D]

Fines, costs, forfeitures, penalties, and restitution; collection fees; assessment against incarcerated defendant. Provides that no collection fees, including the fees of any private attorneys or collection agencies, administrative fees, or any other fees related to collection activities, shall be assessed for the collection of any fines, costs, forfeitures, penalties, or restitution imposed in a criminal case or in a case involving a traffic infraction (i) for any period during which the defendant is incarcerated and (ii) for a period of 180 days following the date of the defendant's release from incarceration if the sentence includes an active term of incarceration.

The bill also extends from 90 days without payment to 180 days without payment the period of delinquency for which the clerk of circuit court and district court is required to submit monthly lists of delinquent accounts.

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01/08/23  House: Prefiled and ordered printed; offered 01/11/23 23101838D
01/18/23  House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

HB 1914 Department of Corrections; operations and costs.  FAILED.
Introduced by: Patrick A. Hope [D]
Department of Corrections; operations and costs. Establishes a formula for determining the estimated appropriations in a fiscal impact statement of any bill that adds a new felony for which imprisonment or commitment is authorized. The bill also provides that the cost of goods and services sold in stores in state correctional facilities shall not exceed 10 percent of the cost of the typical market rate for such goods and services in major retail stores that are not affiliated with any correctional facility and that the Department shall not receive any commissions or markups from the goods and services sold.

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01/26/23  House: Subcommittee recommends laying on the table (5-Y 3-N)

HB 2039 Local correctional facilities; fees; report.  FAILED.
Introduced by: Irene Shin [D]
Local correctional facilities; fees; report. Eliminates or caps certain fees charged to inmates in local correctional facilities and repeals provisions that allow a sheriff or jail superintendent to establish a deferred or installment payment agreement or contract with a collections agency when an inmate is unable to pay fees owed to the local correctional facility. The bill establishes the manner in which the balance of all accounts maintained for an inmate's use must be transferred to the inmate upon release.

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01/17/23  House: Assigned PS sub: Subcommittee #2

01/19/23  House: Subcommittee recommends laying on the table (5-Y 3-N)

HB 2159 Community service work in lieu of payment of fines and costs; work performed while incarcerated.  FAILED.
Introduced by: Marcia S. "Cia" Price [D]
Community service work in lieu of payment of fines and costs; work performed while incarcerated. Requires a court to establish a program and allow any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work or work performed while incarcerated, defined in the bill as any work done on or after July 1, 2020, by a person confined in any penal or corrective institution of the Commonwealth or any of its political subdivisions who is paid a wage that is less than the Virginia minimum wage.

The bill requires such program be available during imprisonment in a local, regional, or state correctional facility. The bill provides that a person who is performing work while incarcerated shall be credited at the same rate as the community service work rate less any wages received. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory.

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01/10/23  House: Prefiled and ordered printed; offered 01/11/23 23104027D
01/10/23  House: Referred to Committee for Courts of Justice

01/18/23  House: Subcommittee recommends laying on the table (5-Y 3-N)

SB 889 Local correctional facilities; fees; report.  FAILED
Introduced by: Joseph D. Morrissey [D]
Eliminates or caps certain fees charged to inmates in local correctional facilities and repeals provisions that allow a sheriff or jail superintendent to establish a deferred or installment payment agreement or contract with a collections agency when an inmate is unable to pay fees owed to the local correctional facility. The bill establishes the manner in which the balance of all accounts maintained for an inmate's use must be transferred to the inmate upon release. The bill directs the State Board of Local and Regional Jails to create a work group to study implementation of the provisions of the bill and report to the General Assembly by October
1, 2023. The remainder of the bill has a delayed effective date of July 1, 2024.

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01/04/23  Senate: Referred to Committee on Rehabilitation and Social Services

01/20/23  Senate: Reported from Rehabilitation and Social Services (8-Y 7-N)
01/20/23  Senate: Rereferred to Finance and Appropriations

02/01/23  Senate: Passed by indefinitely in Finance and Appropriations (11-Y 5-N)

SB 1274 State correctional facilities; Electronic communication systems, free telephone calls.  FAILED
Introduced by: Jennifer B. Boysko [D]
Electronic communication systems within state correctional facilities; free telephone calls and communication services. Requires the Department of Corrections to provide telephone systems and web-based or electronic communications systems free of charge to any person, whether such person is initiating or receiving the communication. The bill also requires that a minimum ratio of one telephone per every 10 inmates be available within each housing unit at each correctional facility and that a maximum number of telephone numbers permitted on an approved call list must be no fewer than 20.

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01/10/23  Senate: Referred to Committee on Rehabilitation and Social Services
01/20/23  Senate: Reported from Rehabilitation and Social Services with amendments (9-Y 5-N)
01/20/23  Senate: Rereferred to Finance and Appropriations

02/02/23  Senate: Reported from Finance and Appropriations (12-Y 4-N)

02/07/23  Senate: Read third time and passed Senate (22-Y 18-N)
02/10/23  House: Referred to Committee on Public Safety

02/10/23  House: Reported from Public Safety (11-Y 10-N)
02/10/23  House: Referred to Committee on Appropriations
02/10/23  House: Assigned App. sub: Transportation & Public Safety

02/13/23  House: Tabled in Appropriations (11-Y 10-N)

SB 1282 Community service work in lieu of payment of fines and costs; work performed while incarcerated.  FAILED
Introduced by: Jennifer B. Boysko [D]
Community service work in lieu of payment of fines and costs; work performed while incarcerated. Provides that in the program established by a court to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work, work performed while incarcerated, defined in the bill as work performed for a wage that is less than the Virginia minimum wage, is added as an option for earning such credits during imprisonment at a state, local, or regional correctional facility. The bill makes offering such option for community service work or work performed while incarcerated mandatory. The bill provides that a person who is performing work performed while incarcerated shall be credited at the same rate as the community service work rate less any wages received for such work performed while incarcerated. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory.

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01/10/23  Senate: Referred to Committee on the Judiciary

01/30/23  Senate: Reported from Judiciary (9-Y 6-N)
01/02/02/23  Senate: Reported from Finance and Appropriations (11-Y 5-N)
02/03/23  Senate: Constitutional reading dispensed (38-Y 0-N)30/23  Senate: Rereferred to Finance and Appropriations

02/09/23  House: Referred to Committee for Courts of Justice

02/13/23  House: Subcommittee recommends passing by indefinitely (5-Y 3-N)

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