SB 215 — Inmates; review of death in local correctional facilities, report.

SESSION history | hilite | pdf | print version 20110070DCHAPTER SENATE1287 BILLAn NO.Act to amend and reenact § 53.1-69.1 of the Code of Virginia, relating to review of death of inmates in local correctional facilities;

215 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Governor on April 11, 2020) (Patron Prior to Substitute--Senator Suetterlein) A BILL to amend and reenact § 53.1-5 of the Code of Virginia, relating to review of death of inmates in local correctional facilities;

[S 215] Approved May 21, 2020   Be it enacted by the General Assembly of Virginia:

That § 53.1-553.1-69.1 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-5.53.1-69.1.

PowersReview andof dutiesdeath of Board.inmates in local correctional facilities.

TheA. Board shall have the following powers and duties:

1.The Board shall have the power to review the death of any inmate who was incarcerated in a local correctional facility at the time of his death in order to determine (i) the circumstances surrounding the inmate's death, including identifying any act or omission by the facility or any employee or agent thereof that may have directly or indirectly contributed to the inmate's death, and (ii) whether the facility was in compliance with the regulations promulgated by the Board.

ToB. develop and establish operational and fiscal standards governing the operation of local, regional, and community correctional facilities;

2.Any review conducted pursuant to this section shall be conducted in accordance with the policies and procedures for such review developed and implemented by the Board in accordance with subdivision 5 of § 53.1-5.

ToIn adviseconducting a review pursuant to this section, the GovernorBoard andmay Directorexercise onits matterspower relatingunder § 53.1-6 to corrections;hold and conduct hearings, issue subpoenas, and administer oaths and take testimony thereunder.

3.If the Board determines that it cannot adequately conduct any particular review pursuant to this section because of the conduct by the Board of another ongoing review, the Board may request that the Department assist in the conduct of such review.

ToDepartment make,staff adoptconducting anda promulgatereview suchpursuant rulesto andthis regulationssection asshall may be necessaryconsidered toagents carry out the provisions of this title and other laws of the CommonwealthBoard. pertaining to local, regional, and community correctional facilities;

4.C.

ToIf ensurethe Board determines during the developmentconduct of programsany review pursuant to educatethis citizenssection andthat elicitit publicis supportnecessary forto review the activitiesoperation of an entity other than the Department;local correctional facility in order to complete the review, the Board shall request that the Office of the State Inspector General review the operation of such entity if such entity falls within the authority vested in the Office of the State Inspector General pursuant to Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2.

5.Nothing in this section shall limit the authority of the Office of the State Inspector General to exercise any of the powers and duties set forth in Chapter 3.2 (§ 2.2-307 et seq.) of Title 2.2.

ToD. develop and implement policies and procedures for the review of the death of any inmate that the Board determines warrants review that occurs in any local, regional, or community correctional facility.

SuchUpon policiescompletion andof proceduresany shallreview incorporateconducted pursuant to this section, the Board'sBoard authorityshall underprepare §a 53.1-6detailed toreport ensureof the productionfindings of evidenceany necessaryreview, which shall be submitted to conductthe aGovernor, thoroughthe reviewSpeaker of anythe suchHouse death;of Delegates, and the President pro tempore of the Senate.

6.Such report may contain recommendations for changes to the minimum standards for the construction, equipment, administration, and operation of local correctional facilities in order to prevent problems, abuses, and deficiencies in and improve the effectiveness of such facilities.

ToIn establishaddition, minimumthe standardsBoard formay healthissue careany services,order includingauthorized medical,under dental,§ pharmaceutical,53.1-69 andto behavioralcorrect healthany services,failure inby local,the regional,facility andto communitycomply correctional facilities and procedures for enforcing such minimum standards, with the adviceBoard's ofregulations. and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner or their designees.

SuchExcept minimumas standardsotherwise shallrequired requireby thatlaw, eachthe local,Board regional,shall andmaintain communitythe correctionalconfidentiality facilityof submitany aconfidential standardizedrecords quarterlyor continuousinformation qualityobtained improvementfrom reporta documentingfacility during the deliverycourse of healtha carereview services,in alongaccordance with anystate improvementsand madefederal tolaw. those services, to the Board.

TheE. Board shall make such reports available to the public on its website.

The Board mayshall determinepublish thatan anyannual local,report regional,summarizing orthe communityreviews correctionalconducted facility that is accredited by the AmericanBoard Correctionalwithin Associationthat oryear. National Commission on Correctional Health Care meets such minimum standards solely on the basis of such facility's accreditation status;

however,Such withoutreport exception,shall theinclude requirementany thattrends eachor local,similarities regional,among andthe communitydeaths correctionalof facilityinmates submitin alocal standardizedcorrectional quarterlyfacilities continuousand qualitypresent improvementrecommendations reporton policy changes to reduce the Boardnumber shallof bedeaths ain mandatorylocal minimumcorrectional standard;facilities.

7.The Board shall publish such report on its website and submit the report to the Governor, the Chairmen of the Senate Committee on Rehabilitation and Social Services and the House Committee on Public Safety, the Chair of the House Committee for Courts of Justice, the Speaker of the House of Delegates, and the President pro tempore of the Senate.

To establish and promulgate regulations regarding the provision of educational and vocational programs within the Department;

and 8.

To adopt and promulgate regulations and require the Director and Department to enforce regulations prohibiting the possession of obscene materials, as defined and described in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2, by prisoners incarcerated in state correctional facilities report annually on or before December 1 to the General Assembly and the Governor on the results of the inspections and audits of local, regional, or community correctional facilities conducted pursuant to § 53.1-68 and the reviews of the deaths of inmates that occur in any local, regional, or community correctional facility conducted pursuant to § 53.1-69.1.

The report shall include (i) a summary of the results of such inspections, audits, and reviews, including any trends identified by such inspections, audits, and reviews and the frequency of violations of each standard established for local, regional, or community correctional facilities, and (ii) any recommendations for changes to the standards established for local, regional, or community correctional facilities or the policies and procedures for conducting reviews of the death of inmates to improve the operations, safety, and security of local, regional, or community correctional facilities.