                                 CODE OF VIRGINIA

INCREASE IN TERMS OF IMPRISONMENT OR COMMITMENT; FISCAL IMPACT STATEMENTS;
APPROPRIATIONS FOR OPERATING COSTS (§ 30-19.1:4)

A. The Virginia Criminal Sentencing Commission shall prepare a fiscal impact
statement reflecting the operating costs attributable to and necessary
appropriations for any bill which would result in a net increase in periods of
imprisonment in state adult correctional facilities. The Department of Planning
and Budget shall annually provide the Virginia Criminal Sentencing Commission
with the operating cost per inmate.

B. The Department of Planning and Budget, in conjunction with the Department of
Juvenile Justice, shall prepare a fiscal impact statement reflecting the
operating costs attributable to and necessary appropriations for any bill that
would result in a net increase in periods of commitment to the custody of the
Department of Juvenile Justice.

C. The requirement for a fiscal impact statement includes, but is not limited
to, those bills which add new crimes for which imprisonment or commitment is
authorized, increase the periods of imprisonment or commitment authorized for
existing crimes, impose minimum or mandatory minimum terms of imprisonment or
commitment, or modify the law governing release of prisoners or juveniles in
such a way that the time served in prison, or the time committed to the custody
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 state
correctional facilities or periods of commitment to the custody of the
Department of Juvenile Justice, shall include an analysis of the fiscal impact
on local and regional jails, state and local pretrial and community-based
probation services agencies and juvenile detention facilities.

E. The amount of the estimated appropriation reflected in the fiscal impact
statement shall be printed on the face of each such bill, but shall not be
codified. If the agency responsible for preparing the fiscal impact statement
does not have sufficient information to project the impact, the fiscal impact
statement shall state this, and the words &#8220;Cannot be determined&#8221;
shall be printed on the face of each such bill.

F. The fiscal impact statement shall include, but not be limited to, details as
to any increase or decrease in the offender population. Statements prepared by
the Virginia Criminal Sentencing Commission shall detail any necessary
adjustments in guideline midpoints for the crime or crimes affected by the bill
as well as adjustments in guideline midpoints for other crimes affected by the
implementation of the bill that, in the opinion of the Commission, are necessary
and appropriate.

G. The agency preparing the fiscal impact statement shall forward copies of such
impact statements to the Clerk of the House of Delegates and the Clerk of the
Senate for transmittal to each patron of the legislation and to the chairman of
each committee of the General Assembly to consider the legislation.

H. For each law enacted which results in a net increase in periods of
imprisonment in state correctional facilities or a net increase in periods of
commitment or the time committed to the custody of the Department of Juvenile
Justice, a one-year appropriation shall be made from the general fund equal to
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 of the
law. &#8220;Operating costs&#8221; means all costs other than capital outlay
costs.

I. The Corrections Special Reserve Fund (the Fund) is hereby established as a
nonreverting special fund on the books of the Comptroller. The Fund shall
consist of all moneys appropriated by the General Assembly under the provisions
of this section and all interest thereon. Any moneys deposited in the Fund shall
remain in the Fund at the end of the biennium. Moneys in the Fund shall be
expended solely for capital expenses, including the cost of planning or
preplanning studies that may be required to initiate capital outlay projects.

HISTORY: 1993, c. 804; 1996, c. 972; 2000, cc. 825, 833; 2004, c. 461; 2007, c.
133.