Public Comments for 01/22/2021 Courts of Justice
HB1882 - Deeds of trust; amendment to loan document, statement of interest rate of a refinanced mortgage.
HB1912 - Child support payments; juvenile in custody of or committed to the Department of Juvenile Justice.
I want to give my support of HD1912. RISE for Youth is one of the community partners Moms Demand Action works closely with to understand the intersections of childhood trauma and gun violence. The Department of Juvenile Justice has moved the majority of these youth, who are 70% Black youth, out to an area of VA that makes it impossible for their families to visit or participate in any sort of trauma counseling. We put already impoverished parents in the outrageous position to pay the state to incarcerate their children. We must stop causing further stress and harm to these children and their families. Ending this child support is a giant step in the right direction. Thank you!
The current collection of "Child Support" from parents is not to support children at all, it is a tax on parents who are already paying taxes to the state of Virginia to maintain a correction system. And if this so called child support was going to support incarcerated children in any way, it wouldn't be such a blow to parents, but according to the comptroller for the Department of Juvenile Justice, these funds collected just go into the general coffers of DJJ. In 2018, the allocated budget for DJJ was $214M; the amount collected from parents that year was .02 percent of the total DJJ budget, which in essence is budget dust. But while those funds are budget dust to DJJ, they have a huge impact on low income families who have already had their child taken from them. The economic and social impact of these collected funds is detrimental to these families. The way in which these funds are determined for each family is also completely unfair; the table used to determine the amount of funds a family has to pay is based on the same table used to determine child support after parents divorce. But when parents divorce, only one parent has to pay so that the child can live with the other parent in a way in which they were accustomed to before the divorce. The incarcerated youth child support is collected from both parents as if they were the supporting parent. When I pointed this out to our juvenile judge for this area, not only was she not aware that parents were being charged this "tax", but she stated that this beyond double taxation, it was more like quadruple taxation. My final point on this matter was that in one of the Governor's initial press conference after the shut down of the state due to the COVID-19 pandemic, he stated that during the economic conditions caused by the pandemic, that parents already struggling to get by should not have to pay these funds, and he was going to work to make that happen, yet those families are still paying each month. It is time for the legislature to act to get help families today and in the future.
RISE for Youth supports this bill and urges the committee to act favorably on HB 1912. It is truly outrageous that our Commonwealth charges families to incarcerate their children. We already know that Black and brown youth are disproportionately impacted by our criminal justice system and this financial burden, which is then placed disproportionately on Black and brown families, exacerbates the racial wealth gap and places a tremendous strain on families at an already difficult time. We must end this appalling practice.
Families with youth under the age of 18 must pay child support to the Department of Juvenile Justice when they are in juvenile prison. However, these parents have no control over the quality of services their child receives while in prison. Research shows that financial obligations in the juvenile system increase youth recidivism, and black youth in Virginia are four times as likely to be detained as white youth. Virginia has the chance to join a growing number of states passing legislation eliminating the requirement that parents pay child support when their children are incarcerated.
HB1945 - Bail; data collection and reporting standards, report.
We (Virginia Community Criminal Justice Association) are in support of HB1945 and SB2110. Improving data transparency will lead to improved outcomes. Any efforts made to link all criminal justice agencies in data sharing, definitions, and data collected will improve the entire criminal justice system and allow for a more evidence based approach to criminal justice.
I am writing in support of this legislation to improve transparency and pretrial system outcomes. Improved data system linkages and cross system analysis will allow for system and jurisdiction level outcome measurement and opportunities for improvement.
HB1991 - Juveniles; release and review hearing for serious offender, plea agreement.
We need a way to stop this online predators in our community.
I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.
This is an essential step towards assuring that young people who have deeply engaged in treatment and rehabilitation in the Dept of Juv Justice have an opportunity for successful re-entry into the community without having to go to DOC. The Serious Offender law, enacted in 1994 and amended in 1996, allows courts to consider the ways in which youth are far more likely to be rehabilitated than adult-offenders and to prevent counter-productively endangering society further by holding young people beyond the point at which they have been rehabilitated. The 1996 amendment broadened the purpose of the bill to include “the safety of the community and the protection of victims’ rights in addition to the welfare of the child and the family.” Prosecutors often argue that the serious offender review should not be held or should not result in early release because there was a plea agreement at the original sentencing. These plea agreements are decided at the time of sentencing before any rehabilitation has occurred and should not interfere with the purposes of the statute which is to promote public safety by encouraging kids to work toward prosocial behavior and rehabilitation while incarcerated at Bon Air.. Additionally, any plea agreement that includes a serious offender commitment implicitly includes a review where the sentence could be reduced. Denying these young people that opportunity is disingenuous and counter-productive. This statute is one of the best mechanisms in the Code to actually provide an incentive for pros-social development and rejection of criminogenic thinking patterns. . Allowing kids to step down into DJJ re-entry programming, such as independent living, before going home is also good policy. If at the review the judge is allowed to suspend the adult DOC time, they are then eligible for this programming. If we deny this opportunity to reduce the time because of a plea agreement, then the kids just go to DOC and are released like everyone else at the end of their sentence with no real opportunity for supportive step-down services. The Serious offender process, unencumbered by a limit on the judge's authority because of a plea agreement, holds kids accountable, keeps the public safe, and also employees trauma-informed, evidence-based methods to help ensure successful re-entry into the community as a productive citizen. Thank you.
CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.
HB2002 - Child support; health care coverage, eligibility requirements.
Why would you force a vaccine when hyrdroechloraquin and other drugs heal people. CDC says 99.9% of people recover. Why are you using the tool of fear. What is in it for you. It’s being said that covid is just the first part of this bio weapon. The next part will kill those who were diagnosed with it. If you keep this up there won’t be any one to vote. Oh that’s right. Depopulation is part of the plan. You reap what you sow.
I write to express the concerns of the juvenile and domestic relations court judges who have reviewed House Bill 2002. Although we do not have an official position yet, a committee of judges who reviewed this bill has recommended opposing this bill for the following reasons. 1. The bill is burdensome on the courts as it would place the requirement on the JDR and circuit courts to perform a function that is more properly that of the Executive Branch and one which an Executive Branch agency is required to perform: determination of Medicaid eligibility. Judges and courts do not have the time or the resources to perform this function. 2. The requirement for courts to compare public and private insurance coverage plans that may be available to families is a function outside the role of judges. Judges make findings and rulings based on the evidence presented by the parties. If the parties do not submit the relevant evidence, judges would have to look outside the record before them for the pertinent information to make these determinations. 3. Performing these functions would cause delays in the entry of final support orders, increase the use of pendente lite orders, and increase the number of hearings required to dispose of support cases, burdening the courts’ resources and interfering with the administration of justice for other litigants. 4. Requiring the court to perform these functions would also deprive the family of the choice of having their child on private medical insurance rather than public health insurance.
HB2018 - Emergency order for adult protective services; acts of violence, force, or financial exploitation.
We need a way to stop this online predators in our community.
I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.
VPLC supports Delegate Mullin's HB 2018, including the two substitutes to reference 19.2-152.7:1's definition of "acts of violence, force, or threat..." and 63.2-1696's definition of "financial exploitation." I would be happy to work with the Chair and subcommittee members on any other language to support this bill.
CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.
HB2055 - Child support obligations; party's incarceration not deemed voluntary unemployment/underemployment.
HB2099 - Judgments; limitations on enforcement, judgment liens, settlement agents, effective date.
We support this Bill. Homeownership makes a world of difference in being able to help not only move up the ladder economically but to help the next generation for transfer of wealth. Judgment liens on real estate can threaten homeownership so a more reasonable time limit on enforcement of those liens is good for homeowners.
HB2110 - Pretrial data collection; VCSC to collect and disseminate on an annual basis.
We (Virginia Community Criminal Justice Association) are in support of HB1945 and SB2110. Improving data transparency will lead to improved outcomes. Any efforts made to link all criminal justice agencies in data sharing, definitions, and data collected will improve the entire criminal justice system and allow for a more evidence based approach to criminal justice.
I am writing in support of this legislation to improve transparency and pretrial system outcomes. Improved data system linkages and cross system analysis will allow for system and jurisdiction level outcome measurement and opportunities for improvement.
HB2133 - Commercial sex trafficking; issuance of writ of vacatur for victims.
The Virginia Catholic Conference supports HB 2133 because it will help restore the lives and human dignity of victims of sex trafficking. As the Virginia State Crime Commission noted in recommending this criminal justice reform: • Victims are often vulnerable, struggling with dysfunctional families, past abuse, trauma, and low self-esteem. • Victims are frequently recruited into the lifestyle as juveniles. Why vacate convictions for victims of sex trafficking? • Victims lacked criminal intent to commit certain acts related to being sex trafficked • Victims committed these acts as a direct result of force, intimidation, or deception. How does vacatur help victims of sex trafficking? • Removes bars to employment, housing, education, and federal and state assistance. • Can help victims permanently break free from the commercial sex industry. Twenty-six states provide for vacatur relief and 13 states provide for expungements. Finally, we would like to thank Delegate Delaney for offering this legislation.
HB2150 - Jurisdiction over criminal cases; certification or appeal of charges.
We need a way to stop this online predators in our community.
I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.
HB2169 - Prostitution; reorganizes the statute penalizing into two distinct sections.
HB2192 - Support orders; contents of orders, change in employment status, unemployment benefits.
HB2233 - Orders of restitution; docketed on behalf of victim, enforcement.
We need a way to stop this online predators in our community.
I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.
HB1866 - Court-appointed special advocates; information sharing.
We need a way to stop this online predators in our community.
I strongly urge you to vote No on HB2152! The only people this bill benefits is the parasitic bail bonds industry which profits off of poor and largely Black & Brown Virginians being locked up pretrial. This bill is grossly shameful and will only harm those who are already the most systemically harmed & exploited.
Virginia Victim Assistance Network supports Delegate Delaney's HB 1866. As the member organization for victim/witness offices around the commonwealth, we believe this bill will better facilitate victim services and advocacy as crime victims navigate the criminal justice system.
CURRENT VIRGINIA LAW prohibits arrest or prosecution of certain drug-related offenses only to an individual who seeks or obtains emergency medical attention for himself or another individual or who is experiencing an overdose when another individual seeks or obtains emergency medical attention for him. HB 1821 expands these protections to include prohibiting arrest and prosecution of other individuals, acting in good faith, who render medical assistance during an overdose. This bill will allow individuals who need assistance with advocating for special services for treatment versus being incarcerated and not getting the help that is needed. The system needs to understand that information and knowledge of resources about overdose awareness is vital to the community at large.