§ 30-19.1:4. Increase in terms of imprisonment or commitment; fiscal impactstatements; appropriations for operating costs.
A. The Virginia Criminal Sentencing Commission shall prepare a fiscal impactstatement reflecting the operating costs attributable to and necessaryappropriations for any bill which would result in a net increase in periodsof imprisonment in state adult correctional facilities. The Department ofPlanning and Budget shall annually provide the Virginia Criminal SentencingCommission with the operating cost per inmate.
B. The Department of Planning and Budget, in conjunction with the Departmentof Juvenile Justice, shall prepare a fiscal impact statement reflecting theoperating costs attributable to and necessary appropriations for any billthat would result in a net increase in periods of commitment to the custodyof the Department of Juvenile Justice.
C. The requirement for a fiscal impact statement includes, but is not limitedto, those bills which add new crimes for which imprisonment or commitment isauthorized, increase the periods of imprisonment or commitment authorized forexisting crimes, impose minimum or mandatory minimum terms of imprisonment orcommitment, or modify the law governing release of prisoners or juveniles insuch a way that the time served in prison, or the time committed to thecustody of the Department of Juvenile Justice, will increase.
D. The fiscal impact statement of any bill introduced on or after July 1,2002, that would result in a net increase in periods of imprisonment in statecorrectional facilities or periods of commitment to the custody of theDepartment of Juvenile Justice, shall include an analysis of the fiscalimpact on local and regional jails, state and local pretrial andcommunity-based probation services agencies and juvenile detention facilities.
E. The amount of the estimated appropriation reflected in the fiscal impactstatement shall be printed on the face of each such bill, but shall not becodified. If the agency responsible for preparing the fiscal impact statementdoes not have sufficient information to project the impact, the fiscal impactstatement shall state this, and the words "Cannot be determined" shall beprinted on the face of each such bill.
F. The fiscal impact statement shall include, but not be limited to, detailsas to any increase or decrease in the offender population. Statementsprepared by the Virginia Criminal Sentencing Commission shall detail anynecessary adjustments in guideline midpoints for the crime or crimes affectedby the bill as well as adjustments in guideline midpoints for other crimesaffected by the implementation of the bill that, in the opinion of theCommission, are necessary and appropriate.
G. The agency preparing the fiscal impact statement shall forward copies ofsuch impact statements to the Clerk of the House of Delegates and the Clerkof the Senate for transmittal to each patron of the legislation and to thechairman of each committee of the General Assembly to consider thelegislation.
H. For each law enacted which results in a net increase in periods ofimprisonment in state correctional facilities or a net increase in periods ofcommitment or the time committed to the custody of the Department of JuvenileJustice, a one-year appropriation shall be made from the general fund equalto the estimated increase in operating costs of such law, in current dollars,of the highest of the next six fiscal years following the effective date ofthe law. "Operating costs" means all costs other than capital outlay costs.
I. The Corrections Special Reserve Fund (the Fund) is hereby established as anonreverting special fund on the books of the Comptroller. The Fund shallconsist of all moneys appropriated by the General Assembly under theprovisions of this section and all interest thereon. Any moneys deposited inthe Fund shall remain in the Fund at the end of the biennium. Moneys in theFund shall be expended solely for capital expenses, including the cost ofplanning or preplanning studies that may be required to initiate capitaloutlay projects.
(1993, c. 804; 1996, c. 972; 2000, cc. 825, 833; 2004, c. 461; 2007, c. 133.)
§ 30-19.1:4. Increase in terms of imprisonment or commitment; fiscal impactstatements; appropriations for operating costs.
A. The Virginia Criminal Sentencing Commission shall prepare a fiscal impactstatement reflecting the operating costs attributable to and necessaryappropriations for any bill which would result in a net increase in periodsof imprisonment in state adult correctional facilities. The Department ofPlanning and Budget shall annually provide the Virginia Criminal SentencingCommission with the operating cost per inmate.
B. The Department of Planning and Budget, in conjunction with the Departmentof Juvenile Justice, shall prepare a fiscal impact statement reflecting theoperating costs attributable to and necessary appropriations for any billthat would result in a net increase in periods of commitment to the custodyof the Department of Juvenile Justice.
C. The requirement for a fiscal impact statement includes, but is not limitedto, those bills which add new crimes for which imprisonment or commitment isauthorized, increase the periods of imprisonment or commitment authorized forexisting crimes, impose minimum or mandatory minimum terms of imprisonment orcommitment, or modify the law governing release of prisoners or juveniles insuch a way that the time served in prison, or the time committed to thecustody of the Department of Juvenile Justice, will increase.
D. The fiscal impact statement of any bill introduced on or after July 1,2002, that would result in a net increase in periods of imprisonment in statecorrectional facilities or periods of commitment to the custody of theDepartment of Juvenile Justice, shall include an analysis of the fiscalimpact on local and regional jails, state and local pretrial andcommunity-based probation services agencies and juvenile detention facilities.
E. The amount of the estimated appropriation reflected in the fiscal impactstatement shall be printed on the face of each such bill, but shall not becodified. If the agency responsible for preparing the fiscal impact statementdoes not have sufficient information to project the impact, the fiscal impactstatement shall state this, and the words "Cannot be determined" shall beprinted on the face of each such bill.
F. The fiscal impact statement shall include, but not be limited to, detailsas to any increase or decrease in the offender population. Statementsprepared by the Virginia Criminal Sentencing Commission shall detail anynecessary adjustments in guideline midpoints for the crime or crimes affectedby the bill as well as adjustments in guideline midpoints for other crimesaffected by the implementation of the bill that, in the opinion of theCommission, are necessary and appropriate.
G. The agency preparing the fiscal impact statement shall forward copies ofsuch impact statements to the Clerk of the House of Delegates and the Clerkof the Senate for transmittal to each patron of the legislation and to thechairman of each committee of the General Assembly to consider thelegislation.
H. For each law enacted which results in a net increase in periods ofimprisonment in state correctional facilities or a net increase in periods ofcommitment or the time committed to the custody of the Department of JuvenileJustice, a one-year appropriation shall be made from the general fund equalto the estimated increase in operating costs of such law, in current dollars,of the highest of the next six fiscal years following the effective date ofthe law. "Operating costs" means all costs other than capital outlay costs.
I. The Corrections Special Reserve Fund (the Fund) is hereby established as anonreverting special fund on the books of the Comptroller. The Fund shallconsist of all moneys appropriated by the General Assembly under theprovisions of this section and all interest thereon. Any moneys deposited inthe Fund shall remain in the Fund at the end of the biennium. Moneys in theFund shall be expended solely for capital expenses, including the cost ofplanning or preplanning studies that may be required to initiate capitaloutlay projects.
(1993, c. 804; 1996, c. 972; 2000, cc. 825, 833; 2004, c. 461; 2007, c. 133.)
§ 30-19.1:4. Increase in terms of imprisonment or commitment; fiscal impactstatements; appropriations for operating costs.
A. The Virginia Criminal Sentencing Commission shall prepare a fiscal impactstatement reflecting the operating costs attributable to and necessaryappropriations for any bill which would result in a net increase in periodsof imprisonment in state adult correctional facilities. The Department ofPlanning and Budget shall annually provide the Virginia Criminal SentencingCommission with the operating cost per inmate.
B. The Department of Planning and Budget, in conjunction with the Departmentof Juvenile Justice, shall prepare a fiscal impact statement reflecting theoperating costs attributable to and necessary appropriations for any billthat would result in a net increase in periods of commitment to the custodyof the Department of Juvenile Justice.
C. The requirement for a fiscal impact statement includes, but is not limitedto, those bills which add new crimes for which imprisonment or commitment isauthorized, increase the periods of imprisonment or commitment authorized forexisting crimes, impose minimum or mandatory minimum terms of imprisonment orcommitment, or modify the law governing release of prisoners or juveniles insuch a way that the time served in prison, or the time committed to thecustody of the Department of Juvenile Justice, will increase.
D. The fiscal impact statement of any bill introduced on or after July 1,2002, that would result in a net increase in periods of imprisonment in statecorrectional facilities or periods of commitment to the custody of theDepartment of Juvenile Justice, shall include an analysis of the fiscalimpact on local and regional jails, state and local pretrial andcommunity-based probation services agencies and juvenile detention facilities.
E. The amount of the estimated appropriation reflected in the fiscal impactstatement shall be printed on the face of each such bill, but shall not becodified. If the agency responsible for preparing the fiscal impact statementdoes not have sufficient information to project the impact, the fiscal impactstatement shall state this, and the words "Cannot be determined" shall beprinted on the face of each such bill.
F. The fiscal impact statement shall include, but not be limited to, detailsas to any increase or decrease in the offender population. Statementsprepared by the Virginia Criminal Sentencing Commission shall detail anynecessary adjustments in guideline midpoints for the crime or crimes affectedby the bill as well as adjustments in guideline midpoints for other crimesaffected by the implementation of the bill that, in the opinion of theCommission, are necessary and appropriate.
G. The agency preparing the fiscal impact statement shall forward copies ofsuch impact statements to the Clerk of the House of Delegates and the Clerkof the Senate for transmittal to each patron of the legislation and to thechairman of each committee of the General Assembly to consider thelegislation.
H. For each law enacted which results in a net increase in periods ofimprisonment in state correctional facilities or a net increase in periods ofcommitment or the time committed to the custody of the Department of JuvenileJustice, a one-year appropriation shall be made from the general fund equalto the estimated increase in operating costs of such law, in current dollars,of the highest of the next six fiscal years following the effective date ofthe law. "Operating costs" means all costs other than capital outlay costs.
I. The Corrections Special Reserve Fund (the Fund) is hereby established as anonreverting special fund on the books of the Comptroller. The Fund shallconsist of all moneys appropriated by the General Assembly under theprovisions of this section and all interest thereon. Any moneys deposited inthe Fund shall remain in the Fund at the end of the biennium. Moneys in theFund shall be expended solely for capital expenses, including the cost ofplanning or preplanning studies that may be required to initiate capitaloutlay projects.
(1993, c. 804; 1996, c. 972; 2000, cc. 825, 833; 2004, c. 461; 2007, c. 133.)
