State Codes and Statutes

Statutes > Virginia > Title-17-1 > Chapter-8 > 17-1-802

§ 17.1-802. Membership; terms; compensation and expenses.

A. The Commission shall be composed of 17 members as follows:

1. Six judges or justices, who may be judges of a circuit court who regularlyhear criminal cases or judges or justices of the Supreme Court or the Courtof Appeals, to be appointed by the Chief Justice of the Supreme Court ofVirginia;

2. One person who is not an active member of the judiciary, to be appointedas Chairman by the Chief Justice of the Supreme Court of Virginia for a termof four years subject to confirmation by the General Assembly. The Chairmanshall designate a vice-chairman from among the other members to serve a termcommensurate with that of the Chairman;

3. The Chairman of the House Committee for Courts of Justice or his designeewho shall be a member of the committee and two persons to be appointed by theSpeaker of the House of Delegates;

4. The Chairman of the Senate Committee for Courts of Justice or his designeewho shall be a member of the committee and one person to be appointed by theSenate Committee on Rules;

5. Four persons to be appointed by the Governor, at least one of whom shallbe a representative of a crime victims' organization or a victim of crime asdefined in subsection B of § 19.2-11.01; and

6. The Attorney General of Virginia or his designee for a term commensuratewith his term of office.

All members shall be citizens of the Commonwealth.

B. Except for legislative members and gubernatorial appointments,appointments to the Commission made on and after January 1, 2001, shall befor terms of four years. Legislative members shall serve terms coincidentwith their terms of office. Appointments to the Commission made by theGovernor on and after January 1, 2006, shall be for terms of four years.Members initially appointed to the Commission prior to January 1, 1998, mayserve no more than three consecutive terms. Members initially appointed onand after January 1, 1998, shall not be eligible to serve more than twoconsecutive terms except for the Attorney General who shall serve by virtueof his office. Vacancies occurring other than by expiration of a term shallbe filled for the unexpired term. Vacancies shall be filled in the samemanner as the original appointments. The remainder of any term to which amember is appointed to fill a vacancy or the service of an initial term ofthree years or less shall not constitute a term in determining the member'seligibility for reappointment.

C. Legislative members of the Commission shall receive compensation asprovided in § 30-19.12 and nonlegislative citizen members of the Commissionshall receive compensation as provided in § 2.2-2813 and all members shall bereimbursed for all reasonable and necessary expenses incurred in theperformance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Fundingfor the costs of compensation and expenses of the members shall be providedby the Virginia Sentencing Commission.

(1994, 2nd Sp. Sess., cc. 1, 2, § 17-234; 1997, cc. 795, 883; 1998, cc. 226,872; 2002, c. 79; 2004, c. 1000; 2005, c. 596.)

State Codes and Statutes

Statutes > Virginia > Title-17-1 > Chapter-8 > 17-1-802

§ 17.1-802. Membership; terms; compensation and expenses.

A. The Commission shall be composed of 17 members as follows:

1. Six judges or justices, who may be judges of a circuit court who regularlyhear criminal cases or judges or justices of the Supreme Court or the Courtof Appeals, to be appointed by the Chief Justice of the Supreme Court ofVirginia;

2. One person who is not an active member of the judiciary, to be appointedas Chairman by the Chief Justice of the Supreme Court of Virginia for a termof four years subject to confirmation by the General Assembly. The Chairmanshall designate a vice-chairman from among the other members to serve a termcommensurate with that of the Chairman;

3. The Chairman of the House Committee for Courts of Justice or his designeewho shall be a member of the committee and two persons to be appointed by theSpeaker of the House of Delegates;

4. The Chairman of the Senate Committee for Courts of Justice or his designeewho shall be a member of the committee and one person to be appointed by theSenate Committee on Rules;

5. Four persons to be appointed by the Governor, at least one of whom shallbe a representative of a crime victims' organization or a victim of crime asdefined in subsection B of § 19.2-11.01; and

6. The Attorney General of Virginia or his designee for a term commensuratewith his term of office.

All members shall be citizens of the Commonwealth.

B. Except for legislative members and gubernatorial appointments,appointments to the Commission made on and after January 1, 2001, shall befor terms of four years. Legislative members shall serve terms coincidentwith their terms of office. Appointments to the Commission made by theGovernor on and after January 1, 2006, shall be for terms of four years.Members initially appointed to the Commission prior to January 1, 1998, mayserve no more than three consecutive terms. Members initially appointed onand after January 1, 1998, shall not be eligible to serve more than twoconsecutive terms except for the Attorney General who shall serve by virtueof his office. Vacancies occurring other than by expiration of a term shallbe filled for the unexpired term. Vacancies shall be filled in the samemanner as the original appointments. The remainder of any term to which amember is appointed to fill a vacancy or the service of an initial term ofthree years or less shall not constitute a term in determining the member'seligibility for reappointment.

C. Legislative members of the Commission shall receive compensation asprovided in § 30-19.12 and nonlegislative citizen members of the Commissionshall receive compensation as provided in § 2.2-2813 and all members shall bereimbursed for all reasonable and necessary expenses incurred in theperformance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Fundingfor the costs of compensation and expenses of the members shall be providedby the Virginia Sentencing Commission.

(1994, 2nd Sp. Sess., cc. 1, 2, § 17-234; 1997, cc. 795, 883; 1998, cc. 226,872; 2002, c. 79; 2004, c. 1000; 2005, c. 596.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-17-1 > Chapter-8 > 17-1-802

§ 17.1-802. Membership; terms; compensation and expenses.

A. The Commission shall be composed of 17 members as follows:

1. Six judges or justices, who may be judges of a circuit court who regularlyhear criminal cases or judges or justices of the Supreme Court or the Courtof Appeals, to be appointed by the Chief Justice of the Supreme Court ofVirginia;

2. One person who is not an active member of the judiciary, to be appointedas Chairman by the Chief Justice of the Supreme Court of Virginia for a termof four years subject to confirmation by the General Assembly. The Chairmanshall designate a vice-chairman from among the other members to serve a termcommensurate with that of the Chairman;

3. The Chairman of the House Committee for Courts of Justice or his designeewho shall be a member of the committee and two persons to be appointed by theSpeaker of the House of Delegates;

4. The Chairman of the Senate Committee for Courts of Justice or his designeewho shall be a member of the committee and one person to be appointed by theSenate Committee on Rules;

5. Four persons to be appointed by the Governor, at least one of whom shallbe a representative of a crime victims' organization or a victim of crime asdefined in subsection B of § 19.2-11.01; and

6. The Attorney General of Virginia or his designee for a term commensuratewith his term of office.

All members shall be citizens of the Commonwealth.

B. Except for legislative members and gubernatorial appointments,appointments to the Commission made on and after January 1, 2001, shall befor terms of four years. Legislative members shall serve terms coincidentwith their terms of office. Appointments to the Commission made by theGovernor on and after January 1, 2006, shall be for terms of four years.Members initially appointed to the Commission prior to January 1, 1998, mayserve no more than three consecutive terms. Members initially appointed onand after January 1, 1998, shall not be eligible to serve more than twoconsecutive terms except for the Attorney General who shall serve by virtueof his office. Vacancies occurring other than by expiration of a term shallbe filled for the unexpired term. Vacancies shall be filled in the samemanner as the original appointments. The remainder of any term to which amember is appointed to fill a vacancy or the service of an initial term ofthree years or less shall not constitute a term in determining the member'seligibility for reappointment.

C. Legislative members of the Commission shall receive compensation asprovided in § 30-19.12 and nonlegislative citizen members of the Commissionshall receive compensation as provided in § 2.2-2813 and all members shall bereimbursed for all reasonable and necessary expenses incurred in theperformance of their duties as provided in §§ 2.2-2813 and 2.2-2825. Fundingfor the costs of compensation and expenses of the members shall be providedby the Virginia Sentencing Commission.

(1994, 2nd Sp. Sess., cc. 1, 2, § 17-234; 1997, cc. 795, 883; 1998, cc. 226,872; 2002, c. 79; 2004, c. 1000; 2005, c. 596.)