RD226 - Office of Public Safety State-Responsible Offenders Taskforce Report - October 1, 2010


Executive Summary:
Section 53.1-20 of the Code of Virginia (§ 53.1-20) directs that all persons convicted of a felony and sentenced to incarceration for a year or more shall be transferred to the Department of Corrections. During the 2010 General Assembly, a budget amendment was introduced that would require persons convicted of felonies committed on or after January 1, 1995, and sentence to the Department of Corrections or sentenced to confinement in jail for two years or more, to be placed in the custody of the Department of Corrections.

Essentially, the introduced language adjusted the definition of "state-responsible" offenders from felons with sentences of one year or more to felons with sentences of two years or more. Governor McDonnell recommended a budget amendment to delay the change in the definition of state responsible inmates in order to evaluate the practical effect of the language.

The approved amendment, Item 377, Paragraph F of the 2010 Appropriation Act (Chapter 874, 2010 Acts of Assembly), directed the Secretaries of Public Safety, Finance and Administration to establish a task force to examine the ramifications of changing this definition regarding which offenders should be transferred from local and regional jails to the state correctional facilities. In addition to representatives of the affected state agencies, the task force included representatives of local and regional jails, local governments, and staff of the Senate Finance and House Appropriations Committees.

The task force met three times and gave thorough consideration of all of the issues related to this definition change. After completing its review, the task force recommends that there be no change in the current practice of offenders with a sentence of one year of more being eligible for transfer to the Department of Corrections. Virginia Code § 53 .1-20 should remain in its current form.