Bill Text: VA SB5017 | 2020 | 1st Special Session | Engrossed


Bill Title: Correctional facility, local; clarifies definition.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Engrossed) 2020-09-29 - Read second time [SB5017 Detail]

Download: Virginia-2020-SB5017-Engrossed.html
20200488D
SENATE BILL NO. 5017
Senate Amendments in [ ] September 15, 2020
Prefiled August 9, 2020
A BILL to amend and reenact §53.1-1 of the Code of Virginia, relating to local correctional facility; definition.
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Patrons Prior to Engrossment--Senators -- Boysko, Deeds, Ebbin, Favola, Hashmi, Howell, Locke, Lucas, McClellan and Morrissey; Delegates: Kory, Rasoul, Samirah and Willett
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Referred to Committee on Rehabilitation and Social Services
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Be it enacted by the General Assembly of Virginia:

1. That §53.1-1 of the Code of Virginia is amended and reenacted as follows:

§53.1-1. Definitions.

As used in this title, unless the context requires a different meaning:

"Board" or "State Board" means the State Board of Local and Regional Jails.

"Community correctional facility" means any group home, halfway house or other physically unrestricting facility used for the housing, treatment or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision, combination of political subdivisions or privately operated agency within the Commonwealth.

"Community supervision" means probation, parole, postrelease supervision, programs authorized under the Comprehensive Community Corrections Act for local responsible offenders, and programs authorized under Article 7 (§53.1-128 et seq.) of Chapter 3.

"Correctional officer" means a duly sworn employee of the Department of Corrections whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any state correctional facility.

"Department" means the Department of Corrections.

"Deputy sheriff" means a duly sworn officer appointed by a sheriff pursuant to §15.2-1603 whose normal duties include, but are not limited to, maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility and may include those duties of a jail officer.

"Director" means the Director of the Department of Corrections.

"Jail officer" means a duly sworn employee of a local correctional facility, except for deputy sheriffs, whose normal duties relate to maintaining immediate control, supervision and custody of prisoners confined in any local correctional facility. This definition in no way limits any authority otherwise granted to a duly sworn deputy sheriff whose duties may include those of a jail officer.

"Local correctional facility" means any jail, jail farm or other place used for the detention or incarceration of adult offenders, excluding a lock-up, which is owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth. [ This term shall also include For the purposes of subsection B of §53.1-68 and §§53.1-69, 53.1-69.1, and 53.1-127, "local correctional facility" also includes ] any facility owned, maintained, or operated by any political subdivision or combination of political subdivisions of the Commonwealth that is used for the detention or incarceration of people pursuant to a [ contract or ] third-party contract with the federal government or any agency [ or contractor ] thereof.

"Lock-up" means a facility whose primary use is to detain persons for a short period of time as determined by the Board.

"State correctional facility" means any correctional center or correctional field unit used for the incarceration of adult offenders established and operated by the Department of Corrections, or operated under contract pursuant to §53.1-262. This term shall include "penitentiary" whenever used in this title or other titles of the Code.

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