Bill Text: VA SB411 | 2012 | Regular Session | Comm Sub
Bill Title: Va. Fire Services Board and State Board of Juvenile Justice; powers & duties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-03-07 - Governor: Acts of Assembly Chapter text (CHAP0164) [SB411 Detail]
Download: Virginia-2012-SB411-Comm_Sub.html
12104374D
Be it enacted by the General Assembly of Virginia: 1. That §§9.1-201 through 9.1-204, 9.1-1110, 16.1-235.1, 16.1-238, 16.1-240, 16.1-274, 16.1-275, 66-10, and 66-23 of the Code of Virginia are amended and reenacted as follows: §9.1-201. Powers of Executive Director. The Executive Director shall have the following powers to: 1. Supervise the administration of the Department; 2. Prepare, approve, and submit all requests for appropriations and be responsible for all expenditures pursuant to appropriations; 3. Employ such staff as is necessary to carry out the powers and duties of this chapter, within the limits of available appropriations; 4. Accept on behalf of the Department grants from the United
States government and agencies and instrumentalities thereof and any other
sources. To these ends, the Executive Director shall have the power to execute
such agreements in accordance with 5. Do all acts necessary or convenient to carry out the purpose of this chapter and to assist the Board in carrying out its responsibilities and duties; 6. Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, and agencies and governmental subdivisions of the Commonwealth; 7. Appoint a director of fire services training; 8. Receive funds as appropriated by the General Assembly collected pursuant to §38.2-401, on an annual basis to be used as provided in subsection C of §38.2-401; 9. Administer the Thermal Imaging Camera Grant Funds established pursuant to §9.1-205; and 10. Administer the provisions of the Statewide Fire Prevention Code (§27-94 et seq.). §9.1-202. Virginia Fire Services Board; membership; terms; compensation. A. The Virginia Fire Services Board (the Board) is established
as a policy board within the meaning of §2.2-2100 in the executive branch of
state government. The Board shall consist of 15 members to be appointed by the
Governor as follows: a representative of the insurance industry; two members of
the general public with no connection to the fire services, one of whom shall
be a representative of those industries affected by SARA Title III and OSHA
training requirements; and one member each from the Virginia Fire Chiefs
Association, the Virginia State Firefighters Association, the Virginia
Professional Fire Fighters, the Virginia Fire Service Council, the Virginia
Fire Prevention Association, the Virginia Chapter of the International Association
of Arson Investigators, the Virginia Municipal League, and the Virginia
Association of Counties, and a member of the Virginia Society of Fire Service
Instructors who is a faculty member who teaches fire science at a public
institution of higher education. Of these appointees, at least one shall be a
volunteer firefighter. The State Fire Marshal, the State Forester, and a
member of the Board of Housing and Community Development Each of the organizations represented shall submit at least three names for each position for the Governor's consideration in making these appointments. B. Members of the Board appointed by the Governor shall serve for terms of four years. An appointment to fill a vacancy shall be for the unexpired term. No appointee shall serve more than two successive four-year terms but neither shall any person serve beyond the time he holds the office or organizational membership by reason of which he was initially eligible for appointment. C. The Board annually shall elect its chairman and vice-chairman from among its membership and shall adopt rules of procedure. D. E. The Board shall meet no more than four times each calendar year. The Secretary of Public Safety may call a special meeting of the Board should circumstances dictate. A majority of the current membership of the Board shall constitute a quorum for all purposes. §9.1-203. Powers and duties of Virginia Fire Services Board; limitation. A. The Board shall have the responsibility for promoting the coordination of the efforts of fire service organizations at the state and local levels. To these ends, it shall have the following powers and duties to: 1. 2. 3. 4. Provide technical assistance and advice to local fire departments, other fire services organizations, and local governments through Fire and Emergency Medical Services studies done in conjunction with the Department of Fire Programs; 5. 6. 7. Make recommendations to the 8. Evaluate all 9. 10.
B. Except for those policies established in §38.2-401, compliance with the provisions of §9.1-201 and this section and any policies or guidelines enacted pursuant thereto shall be optional with, and at the full discretion of, any local governing body and any volunteer fire department or volunteer fire departments operating under the same corporate charters. §9.1-204. Fire service training facilities; allocation of funds therefor. A. At the beginning of each fiscal year, the B. Available funds shall be allocated at the discretion of the
Board through the Executive Director of the Department of Fire Programs,
based 1. The total amount of funds available for distribution; 2. Financial participation by counties, cities, towns, and volunteer fire companies, any such participation being optional on the part of the locality or the particular volunteer fire company; and 3. Anticipated use of such facilities by the Commonwealth, its subdivisions, or volunteer fire companies. C. Such funds shall be distributed to the counties, cities, and towns pursuant to contracts prepared by the office of the Attorney General. D. Allocations of such funds to volunteer fire companies shall not be contingent upon or conditioned in any way upon compliance with the provisions of §9.1-201 or with any rules, regulations, or guidelines enacted pursuant to the provisions of §9.1-201. §9.1-1110. Functions of Forensic Science Board. A. The Board shall have the power and duty to: 1. Adopt regulations, pursuant to the Administrative Process
Act (§2.2-4000 et seq.), for the administration of (i) this chapter or (ii) §§
18.2-268.6, 18.2-268.9, 19.2-188.1, and 19.2-310.5 and for any provisions of
the Code as they relate to the responsibilities of the Department 2. 3.
B. By November 1 of each year, the Board shall review and make
recommendations to the 1. New major programs and plans for the activities of the Department and elimination of programs no longer needed; 2. Policy and priorities in response to agency needs; 3. General fiscal year operational budget and any major changes in appropriated funds; 4. Actions to foster and promote coordination and cooperation between the Department and the user programs which are served; 5. Rules and regulations necessary to carry out the purposes and intent of this chapter; and 6. Any recommendations submitted to the Board or the Director by the Scientific Advisory Committee. §16.1-235.1. Provision of court services; replacement intake officers. The chief judge may make arrangements for a replacement intake
officer from another court service unit to ensure the capability of a prompt
response in matters under §16.1-255 or §16.1-238. Compensation of probation officers, court service staff members and related court service personnel; reimbursement; traveling and other expenses. The compensation of probation officers and other court service
staff members appointed in accordance with subsection B of §16.1-235 Compensation of all other probation officers and related court
service personnel appointed in accordance with subsection A of §
16.1-235 The salary and expenses provided for personnel appointed in
accordance with subsection A of §16.1-235 §16.1-240. Citizens advisory council. A. The governing bodies of each county and city served by a
court service unit may appoint one or more members to a citizens advisory
council, in total not to exceed 1. To advise and cooperate with the court upon all matters affecting the working of this law and other laws relating to children, their care and protection and to domestic relations; 2. To consult and confer with the court and director of the court service unit from time to time relative to the development and extension of the court service program; 3. To encourage the member selected by the council to serve on
the central advisory council to visit, as often as the member conveniently can,
institutions and associations receiving children under this law, and to report
to the court from time to time and at least annually in its report made
pursuant to subdivision 5 4. To make themselves familiar with the work of the court under this law; and 5. To make an annual report to the court and the participating governing bodies on the work of the council. B.
§16.1-274. Time for filing of reports; copies furnished to attorneys; amended reports; fees. A. Whenever any court directs an investigation pursuant to B. Notwithstanding the provisions of §§16.1-69.48:2 and
17.1-275, when the court directs the appropriate local department of social
services to conduct supervised visitation or directs the appropriate local
department of social services or court services unit to conduct an
investigation pursuant to §16.1-273 or to provide mediation services in
matters involving a child's custody, visitation, or support, the court shall
assess a fee against the petitioner, the respondent, or both, in accordance
with fee schedules established by the appropriate local board of social
services when the service is provided by a local department of social services C. When a local department of social services or any court services unit is requested by another local department or court services unit in the Commonwealth or by a similar department or entity in another state to conduct an investigation involving a child's custody, visitation or support pursuant to §16.1-273 or, in the case of a request from another state pursuant to a provision corresponding to §16.1-273, or to provide mediation services, or for a local department of social services to provide supervised visitation, the local department or the court services unit performing the service may require payment of fees prior to conducting the investigation or providing mediation services or supervised visitation. §16.1-275. Physical and mental examinations and treatment; nursing and medical care. The juvenile court or the circuit court may cause any juvenile within its jurisdiction under the provisions of this law to be physically examined and treated by a physician or to be examined and treated at a local mental health center. If no such appropriate facility is available locally, the court may order the juvenile to be examined and treated by any physician or psychiatrist or examined by a clinical psychologist. The Commissioner of Behavioral Health and Developmental Services shall provide for distribution a list of appropriate mental health centers available throughout the Commonwealth. Upon the written recommendation of the person examining the juvenile that an adequate evaluation of the juvenile's treatment needs can only be performed in an inpatient hospital setting, the court shall have the power to send any such juvenile to a state mental hospital for not more than 10 days for the purpose of obtaining a recommendation for the treatment of the juvenile. No juvenile sent to a state mental hospital pursuant to this provision shall be held or cared for in any maximum security unit where adults determined to be criminally insane reside; the juvenile shall be kept separate and apart from such adults. However, the Commissioner of Behavioral Health and Developmental Services may place a juvenile who has been certified to the circuit court for trial as an adult pursuant to §16.1-269.6 or 16.1-270 or who has been convicted as an adult of a felony in the circuit court in a unit appropriate for the care and treatment of persons under a criminal charge when, in his discretion, such placement is necessary to protect the security or safety of other patients, staff or the public. Whenever the parent or other person responsible for the care
and support of a juvenile is determined by the court to be financially unable
to pay the costs of such examination as ordered by the juvenile court or the
circuit court, such costs may be paid according to The juvenile court or the circuit court may cause any juvenile within its jurisdiction who is found to be delinquent for an offense that is eligible for commitment pursuant to subdivision A 14 of §16.1-278.8 or § 16.1-285.1 to be placed in the temporary custody of the Department of Juvenile Justice for a period of time not to exceed 30 days for diagnostic assessment services after the adjudicatory hearing and prior to final disposition of his or her case. Prior to such a placement, the Department shall determine that the personnel, services and space are available in the appropriate correctional facility for the care, supervision and study of such juvenile and that the juvenile's case is appropriate for referral for diagnostic services. Whenever a juvenile concerning whom a petition has been filed appears to be in need of nursing, medical or surgical care, the juvenile court or the circuit court may order the parent or other person responsible for the care and support of the juvenile to provide such care in a hospital or otherwise and to pay the expenses thereof. If the parent or other person is unable or fails to provide such care, the juvenile court or the circuit court may refer the matter to the authority designated in accordance with law for the determination of eligibility for such services in the county or city in which such juvenile or his parents have residence or legal domicile. In any such case, if a parent who is able to do so fails or refuses to comply with the order, the juvenile court or the circuit court may proceed against him as for contempt or may proceed against him for nonsupport. §66-10. Powers and duties of Board. The Board shall have the following powers and duties: 1.
§66-23. Authority of superintendents with regard to application for operator's licenses and employment certificates. The superintendents of facilities established by the
Department shall have the authority, commensurate with that of a parent in like
cases, to give consent for those children placed in their respective facilities
to (i) application for a motor vehicle operator's license and (ii) issuance of
an employment certificate. 2. That §§2.2-223 and 66-11 of the Code of Virginia are repealed. |