                                 CODE OF VIRGINIA

CORRECTIONS OVERSIGHT COMMITTEE; MEMBERSHIP; AUTHORITY (§ 53.1-17.3)

A. There is created a Corrections Oversight Committee (the Committee) that shall
consist of 13 voting members and two nonvoting members. Such voting members
shall be appointed as follows: (i) two members of the Senate who are not members
of the same political party, to be appointed by the Senate Committee on Rules;
(ii) two members of the House of Delegates who are not members of the same
political party, to be appointed by the Speaker of the House of Delegates; and
(iii) the following nonlegislative citizen members to be appointed by the
Governor: (a) one representative of a nonprofit prisoner advocacy group, (b) one
representative of a nonprofit organization that provides training or
rehabilitation programs for incarcerated inmates, (c) one male citizen and one
female citizen who were formerly incarcerated within the Commonwealth for a term
of imprisonment of three years or more within the 10 years immediately preceding
his appointment, provided that such citizens have had their civil rights
restored by the Governor, (d) one licensed physician, (e) one licensed mental
health or behavioral health professional with experience providing mental health
or counseling services to adults, (f) one person who is a grandparent, parent,
child, sibling, or spouse or domestic partner of a person currently incarcerated
within the Commonwealth and who is serving a term of incarceration of three
years or more, (g) one current or former Department correctional officer in a
supervisory role selected from an association of correctional officers and
employees or a nonprofit organization in which he is a member, and (h) one
current or former Department line correctional officer selected from an
association of correctional officers and employees or a nonprofit organization
in which he is a member. The two nonvoting members shall serve in an advisory
role and shall consist of two current or former employees of the Department, a
state correctional facility outside of the Commonwealth, or a federal
correctional facility who served in such role within the 10 years immediately
prior to appointment. Upon the request of an inmate, an inmate&#8217;s family
member or representative, or a Department staff member, employee, or contractor
who believes he may be the subject of retaliation for providing testimony or
other information to the Office or the Committee, such nonvoting members shall
be excluded from any investigations, inspections, interviews, receipt of
testimony, or review of documents by the Office or the Committee with regard to
the requester.

B. Members appointed pursuant to this section shall serve a term of three years.
Except as provided in subsection A, neither a member nor a member&#8217;s spouse
or domestic partner, parents, grandparents, children, or siblings shall be (i) a
current or former employee or contractor of the Department at any time during
the 10 years prior to his appointment to the Committee or (ii) involved in
active litigation against the Department. Members of the Committee shall not
serve more than three consecutive terms. The Committee shall be co-chaired by
two legislative members appointed pursuant to subsection A who are not members
of the same chamber of the legislature or of the same political party. A
co-chairman shall serve a term of three years and shall not serve more than two
consecutive terms. The Committee co-chairmen shall be selected by the leaders of
their respective political parties in the House of Delegates and the Senate.
Except as provided in subsection A, all members of the Committee shall have the
power to vote on matters and actions before the Committee. Matters and actions
of the Committee shall be decided pursuant to a majority vote of the voting
members present. To vote on actions or matters before the Committee, a quorum
must exist, which shall include the Committee co-chairmen and six of the other
voting members.

C. The Committee shall meet as the co-chairmen deem necessary, or on the call of
a majority of the members.

D. Pursuant to &#xA7;&#xA7; 2.2-2813 and 2.2-2825, Committee members are not
eligible to receive compensation but are eligible for reimbursement of expenses.

E. The Committee shall hold at least two public hearings each year to present,
review, and discuss the Office&#8217;s inspections, findings, reports, and
recommendations set forth in the Office&#8217;s annual report.

F. The Committee co-chairmen, or their designees, shall meet at least twice each
year with the Governor and the Director to report on the work and findings of
the Committee and shall provide testimony before the relevant committees of the
House of Delegates and Senate upon request from the committee chairman or
vice-chairman or ranking member.

G. Upon a majority vote of its voting members, the Committee may make an ex
parte application to the circuit court for the county or city wherein evidence
sought is kept for the issuance of a subpoena duces tecum in furtherance of an
investigation or to request production by the Department of any relevant
records, documents, or other evidence, with the exception of confidential
employee files and active internal affairs investigations. The court may issue
and compel compliance with such a subpoena upon a showing of reasonable cause.
Upon determining that reasonable cause exists to believe that evidence may be
destroyed or altered, the court may issue a subpoena for the appearance of an
individual before any hearing conducted by the Committee. The subpoena shall be
served by the Office and enforced by the circuit court. Department employees may
have counsel present during testimony. Subpoenas so issued shall be served and,
upon application to the court by the Committee, enforced in the manner provided
by law for the service and enforcement of subpoenas in a civil action.

H. The Committee shall conduct, at a minimum, one random inspection of a
facility each year and shall visit a different facility upon each inspection.
All members of the Committee may be present during each inspection and shall not
announce an inspection to any individual or entity outside of the Committee
before such inspection occurs. During the course of an inspection, members of
the Committee shall have the same access to the facility, inmates, staff,
documents, and records in accordance with &#xA7; 53.1-17.4 and shall have the
same powers as granted to the Office for an inspection pursuant to &#xA7;
53.1-17.6.

HISTORY: 2024, cc. 392, 393.