Bill > HB126

This bill mandates that the State Board of Local and Regional Jails, referred to as the Board, must establish new standards by January 1, 2027, to guarantee that inmates in any local, regional, or community correctional facility have adequate access to legal counsel. These new standards will be added to the existing duties of the Board, which already include setting operational and fiscal standards for these facilities, advising the Governor on corrections, and establishing minimum standards for healthcare services. The bill specifically requires that these new standards ensure inmates have opportunities for confidential in-person visits with their legal representatives, as well as access to confidential and unrecorded telephone or video conferences with attorneys, paralegals, investigators, and other legal staff. This access must be available during regular business hours and also include some evenings and weekend days. Furthermore, the bill stipulates that facility policies for requesting and scheduling legal access must be publicly posted, and legal counsel should be promptly informed of any delays or cancellations of scheduled visits. Any denial or postponement of access to counsel must be approved by a supervisor and accompanied by a written explanation upon request. The Board will follow the procedures outlined in the Administrative Process Act, which governs how state agencies create and implement regulations, when developing these new standards.

Justice

https://lis.virginia.gov/bill-details/20261/HB126