                                 CODE OF VIRGINIA

COLLECTION AND REPORTING OF DATA RELATED TO ADULTS CHARGED WITH A CRIMINAL
OFFENSE PUNISHABLE BY CONFINEMENT IN JAIL OR A TERM OF IMPRISONMENT (§
19.2-134.1)

A. The Virginia Criminal Sentencing Commission shall, on an annual basis,
collect statewide and locality-level data related to all adults charged with any
criminal offense punishable by confinement in jail or a term of imprisonment in
the Commonwealth. The Virginia Criminal Sentencing Commission may request data
and shall be provided such data upon request from (i) every department,
division, board, bureau, commission, authority, or other agency created by the
Commonwealth, or to which the Commonwealth is a party, or any political
subdivision thereof; (ii) any criminal justice agency as defined in &#xA7;
9.1-101; and (iii) the clerk of each circuit court. If the statewide Circuit
Court Case Management System is used by the circuit court clerk, the Executive
Secretary of the Supreme Court shall provide for the transfer of such data upon
request of the Virginia Criminal Sentencing Commission. The Virginia Criminal
Sentencing Commission shall use the data only for research, evaluation, or
statistical purposes and shall ensure the confidentiality and security of the
data.

B. The Virginia Criminal Sentencing Commission shall collect data as necessary
to report on the following:

   1. Information about the individual charged, including sex, race, year of
   birth, and residential zip code;

   2. The type of charging document, including summons, warrant, direct
   indictment, or any other charging document;

   3. Information related to the offense or offenses with which the individual
   was charged, including (i) the date on which the individual was charged; (ii)
   the total number of charges; (iii) the Code section or county, city, or town
   ordinance under which the charge was issued; (iv) whether the charge was a
   felony, misdemeanor, or other type of offense; and (v) the classification of
   each such felony, misdemeanor, or other type of offense;

   4. Whether, at the time the individual was charged, that individual was a
   named defendant in any pending criminal proceeding in the Commonwealth;

   5. Whether, at the time the individual was charged, that individual was under
   the supervision of the Department of Corrections, any local community-based
   probation agency, or any pretrial services agency;

   6. Whether, at the time the individual was charged, that individual&#8217;s
   criminal history record included any charges or convictions for failure to
   appear within the Commonwealth, and if so, the date of such charge or
   conviction;

   7. Whether, at the time the individual was charged, that individual&#8217;s
   criminal history record included any conviction for any criminal offense
   committed within the Commonwealth, and if so, the offense for which that
   individual was convicted and the date of such conviction;

   8. Whether, at the time the individual was charged, that individual&#8217;s
   criminal history record included any convictions for which the individual was
   ordered to serve an active term of incarceration;

   9. Information related to the individual&#8217;s detention status at the time
   of the charge and any changes to the individual&#8217;s detention status prior
   to the final disposition of the charge, including whether that individual was
   released on a summons, denied bail, or admitted to bail, and if admitted to
   bail, the date of release from custody;

   10. For those individuals who were detained at the time of the charge,
   information related to the conditions of bail and the bond initially ordered
   on the charge, including (i) whether bail was denied, (ii) whether the bond
   was secured or unsecured, and (iii) all monetary amounts set on the bond;

   11. For those individuals admitted to bail prior to the final disposition of
   the charge, whenever available, information related to the conditions of bail
   and the bond at the time that individual was admitted to bail, including (i)
   whether the bond was secured or unsecured, (ii) all monetary amounts set on
   the bond, (iii) whether that individual was ordered to be supervised by a
   pretrial services agency, and (iv) whether that individual utilized the
   services of a bail bondsman;

   12. Whether the individual was charged with failure to appear in the
   Commonwealth prior to the final disposition of the charge, and if so, the date
   on which the failure to appear was alleged to have occurred and whether the
   individual was convicted of the charge of failure to appear;

   13. Whether the individual was charged with any other criminal offense
   punishable by confinement in jail or a term of imprisonment in the
   Commonwealth prior to the final disposition of the charge, and if so, the
   offense for which the individual was charged, the date of the offense, the
   date of arrest, and whether the individual was convicted of the offense;

   14. Information related to the final disposition of the charge, including (i)
   the date of final disposition; (ii) whether the charge resulted in a
   conviction, dismissal, entry of a nolle prosequi, finding of not guilty, or
   other disposition; (iii) whether the individual was sentenced to a term of
   incarceration for such charge, and if so, the length of such term of
   incarceration and the length of time that the individual was incarcerated for
   such charge; (iv) whether the individual was placed under the supervision of
   the Department of Corrections; and (v) when available, whether the individual
   was placed under the supervision of any local community-based probation agency
   for such charge;

   15. Whether the individual was represented by a public defender or
   court-appointed attorney on the charge at the time of the final disposition of
   the case; and

   16. Any other data deemed relevant and reliable by the Virginia Criminal
   Sentencing Commission.

C. The Virginia Criminal Sentencing Commission shall submit an annual report on
the statewide and locality-level data collected pursuant to this section on or
before December 1 to the General Assembly, the Governor, and the Office of the
Executive Secretary of the Supreme Court of Virginia. Such report may include
recommendations related to the collection of data.

D. The Virginia Criminal Sentencing Commission shall annually make the statewide
and locality-level data collected pursuant to this section publicly available on
a website established and maintained by the Virginia Criminal Sentencing
Commission on or before December 1. The data shall be made available as (i) an
electronic dataset, excluding any personal and case identifying information,
that may be downloaded by members of the public and (ii) an electronic
interactive data dashboard tool that displays aggregated data based on
characteristics or indicators selected by the user. The Virginia Criminal
Sentencing Commission shall not be required to provide electronic data in a
format not regularly used by the agency. Data containing any personal or case
identifying information shall not be subject to the Virginia Freedom of
Information Act (&#xA7; 2.2-3700 et seq.) and shall not be made publicly
available.

E. Nothing in this section shall require any (i) department, division, board,
bureau, commission, authority, or other agency created by the Commonwealth, or
to which the Commonwealth is a party, or any political subdivision thereof; (ii)
criminal justice agency as defined in &#xA7; 9.1-101; or (iii) clerk of circuit
court to provide data to the Virginia Criminal Sentencing Commission if the
requested data is not regularly maintained by such entity or if such data is
prohibited from such disclosure under any other law or under the Virginia Rules
of Professional Conduct.

HISTORY: 2021, Sp. Sess. I, cc. 111, 112.