SB 696 — Marijuana-related offenses; modification of sentence.

SESSION SENATEENROLLED SUBSTITUTEVIRGINIA 24106867DACTS SENATEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to N modification of sentence for marijuana-related offenses.

696R AMENDMENTO IN[S THE696] NATUREApproved OFL AL SUBSTITUTE (Proposed by the Senate Committee for Courts of Justice on January 31, 2024) (Patron Prior to Substitute––Senator Williams Graves) A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to Be it enacted by the General Assembly of Virginia:enses.Virginia:

E § 19.2-303.03.

A.D felony offense involving the possession, manufacture, selling, giving, distribution, transportation, or delivery of marijuana in violation of § 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-255, 18.2-255.2, 18.2-256, 18.2-257, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.3, or 18.2-474.1 committed prior to July 1, 2021;

Notwithstanding other provisions of law or rule of court, if a person who (i) was convicted of a felony offense involving the possession, manufacture, selling, giving, distribution, transportation, or 18.2-255.2, 18.2-256, 18.2-257, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.3, or 18.2-474.1 committed prior to July 1, 2021;

and (iii) remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving the sentence for such conviction or a combination of such convictions or remains on community supervision as defined in § 53.1-153.1-1Bfor for such conviction or a combination of such convictions on July 1, 2024, the circuit court modificationthat ofen9ered the such person's sentence.

The Commonwealth shall be made party to the proceeding anderand receive noticenotiEe of such hearing.

TR B.

Notwithstanding other provisions of law or rule of court, if a person who (i) was convicted of a felony offense involving the possession, manufacture, selling, giving, distribution, transportaEion,transportation, or delivery of marijuana in violation of § 18.2-248, 18.2-248.01, 18.2-248.1, 18.2-250, 18.2-255, 18.2-255.2, 18.2-256, 18.2-257, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.3, or 18.2-474.1 committed prior to July 1, 2021, and on the date of such conviction was also convicted of any other offense other than an act of violence as defined in § 19.2-297.1;

(ii) was sentenced to jail or to the Department ofrof Corrections or placedincarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228, serving the sentence for such conviction or a combination of such convictions or remains on community supervision as defined in § 53.1-1 for such convictions;conviction or a combination of such convictions on July 1, 2024, the circuit court that entered the original judgment or order shall schedule a hearing by April 1, 2025, to consider modification of such person's sentence.

andThe (iii)Commonwealth remainsshall incarceratedbe inmade aparty stateto or local correctional facility or secure facility, as defined iU § 16.1-228, serving the sentenceproceeding forand suchreceive convictionnotice or a combination of such convictionshearing. or remains on comBunity supervision as defined in § 53.1-1 for such conviction or a combination of such convictions on July 1, 2025, to consider modification of such person's sentence.

TheC. Commonwealth shall be made party to the 1, proceeding and receive notice of such hearing.

TAny 36person C.eligible for modification of his sentence under this section may file a petition for the assistance of counsel and a statement of indigency with the court on a form provided by the Supreme be entitled to assistance of counsel for the hearing on modification of his sentence without the filing of such petition.

AnyNo personfee eligibleshall forbe modificationcharged offor hisfiling sentence under this section may file a petition forunder thethis 37subsection. assistance of counsel and a statement of indigency with the court on a form provided by the Supreme / 38 Court of Virginia;

however,D. if such person was found to be indigent at his original sentencing,The shall 39 be entitled to assistance of counsel for the hearing on modification of his sentence without thU filing of sucD.

Upon a hearing for modification of a sentence pursuant to this section, the court shall consider that marijuana has been legalized, and shall reduce, including a reduction to time served, vacate, or otherwise modify the person's sentence, including removing such person from community supervisiEn,supervision, unless the Commonwealth demonstrates it would not be compatible with the public interest to do so.

followingE. the sentence modification hearing.

IfThe modificationcircuit ofcourt shall make a sentencedecision isas denied,to thewhether courtto shallmodify filea sentence within 30 days with the record of the case a written explanation for the denial and shall provide a copy of such writtenwrittene explanation to the person whose sentence was considered for modification, his attorney if he is represented, and to the attorney for the Commonwealth.

Following the entry of an order to modify a sentence pursuant to this section, the clerk Sfof the circuit court shall cause a copy of such order to be forwarded to the Virginia Criminal Sentenc6ngSentencing whereCommission, the petitionerDepartment isof incarceratedState withinPolice, fiveand days.atethe state or local correctional facility or sec6resecure facility G.where the petitioner is incarcerated within five days.

TheG. decision of a circuit court to modify a sentence pursuant to this section shall not form the basis for any relief in any habeas corpus or appellate proceeding, unless such decision was contrary to law.

The decision of a circuit court to modify a sentence pursuant to this section shall not form the law.s for any relief in any habeas corpus or appellate proceeding, unless such decision was contrary to 2.

That on or before September 1, 2024, the Department of Corrections, sheriff of a local jail, of 2 regional director of a regional jail, and the Department of Juvenile Justice, respectively, shall SB696S1 2 of 2 determine which individuals currently incarcerated in such state correctional facility, local correctional facility, or secure facility, or placed on community supervision, respectively, meet the criteria for a hearing on the modification of sentence as set forth in subsections A and B of § 19.2-303.03 of the Code of Virginia, as created by this act, and shall (i) provide an electronic list of such individuals to the clerk of each circuit court in the jurisdiction where the individual was sentenced and (ii) notify all such individuals that they may be eligible for modification of their sentence, a hearing will be scheduled for such determination, and that they may file a petition for assistance of counsel and a statement of indigency.