Judicial performance evaluation program; risk assessment tool, use of alternative sanction.
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SB 438 — Judicial performance evaluation program; risk assessment tool, use of alternative sanction.
Last action — Left in Courts of Justice
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Judicial performance evaluation program; risk assessment tool; use of alternative sanction. Requires the Virginia Criminal Sentencing Commission to use sentencing guidelines to determine the cost of incarceration for an offender who receives the minimum recommended sentence and to include the cost on the sentencing guideline form. The bill also requires the Commission to determine the number of offenders during a judge's term who qualify for the use of the offender risk assessment tool and, on the basis of such assessment, are recommended to receive an alternative sanction and do not receive an alternative sanction.
Bill Text
What changed in the latest version
23 added · 20 removedPlain-language change summary
The recent amendments to Bill SB 438 clarify how historical sentencing data will be used in assessing penalties for felony cases. The revised language specifies that courts should consider historical information about time served for offenses committed before 1995, alongside a set of guidelines for considering alternative sanctions. This change aims to create a more informed and equitable system for sentencing, potentially leading to alternatives to incarceration for certain offenders. Overall, these adjustments help ensure that sentencing reflects both past practices and current rehabilitative options.
438 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 3, 2020) (Patron Prior to Substitute--Senator Surovell) Senate Amendments in [ ] February 5, 2020 A BILL to amend and reenact § 17.1-803 of the Code of Virginia, relating to judicial performance evaluation;
The [ sentencing courts Commission ] shall use the recommended sentencing range to determine the cost of incarceration for an offender who is sentenced to the minimum recommended sentence.
View plain text versions (3)
- Committee Substitute Engrossed by Senate - committee substitute with amendment SB438ES1 Current html February 05, 2020
- SB438S1 View text html February 03, 2020
- Committee Substitute Engrossed by Senate - committee substitute with amendment SB438ES1 html January 07, 2020
Action History
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Left in Courts of Justice
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Subcommittee failed to recommend reporting (2-Y 6-N)
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Assigned Courts sub: Criminal
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Read third time and passed Senate (21-Y 19-N)
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Printed as engrossed 20107500D-ES1
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Engrossed by Senate - committee substitute with amendment SB438ES1
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Amendment by Senator Surovell agreed to
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Reading of amendment waived
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Committee substitute agreed to 20107500D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Judiciary with substitute (9-Y 6-N)
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Committee substitute printed 20107500D-S1
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Assigned Judiciary sub: Criminal Law
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Moved from Courts of Justice to Judiciary due to a change of the committee name
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20100176D
Sponsors
- Scott A. Surovell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 23 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 6 | 0 | 1 |
| Total | 2 | 6 | 0 | 1 |
| % of votes cast | 22% | 67% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Collins, Christopher E. | — | Nay |
| Adams, Les R. | — | Nay |
| Bell, Robert B. | — | Nay |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Don Scott | — | Yea |
| Karrie K. Delaney | — | Nay |
| Mullin, Michael P. | — | Nay |
| Vivian E. Watts | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 19 | 0 | 0 |
| Total | 21 | 19 | 0 | 0 |
| % of votes cast | 53% | 48% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 6 | 0 | 0 |
| Total | 9 | 6 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Chafin, A. Benton "Ben" | — | Nay |
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Nay |
Subjects
Frequently asked questions
- What does SB 438 do?
- Judicial performance evaluation program; risk assessment tool; use of alternative sanction. Requires the Virginia Criminal Sentencing Commission to use sentencing guidelines to determine the cost of incarceration for an offender who receives the minimum recommended sentence and to include the cost on the sentencing guideline form. The bill also requires the Commission to determine the number of offenders during a judge's term who qualify for the use of the offender risk assessment tool and, on the basis of such assessment, are recommended to receive an alternative sanction and do not receive an alternative sanction.
- Who sponsors SB 438?
- SB 438 is sponsored by Scott A. Surovell.
- What is the current status of SB 438?
- This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 438?
- Track SB 438 free on One Click Politics — get push/email alerts when it moves.
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