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A BILL to amend and reenact §
9.1-192.1
of the Code of Virginia, relating to civilian deaths in custody; failure to comply with annual report; funding for local and regional adult correctional facilities.
Be it enacted by the General Assembly of Virginia:
1. That §
9.1-192.1
of the Code of Virginia is amended and reenacted as follows:
§
9.1-192.1
. Civilian deaths in custody; annual report.
A. For the purposes of this section:
"Correctional facility" includes any local, regional, state, or juvenile correctional facility.
"Law-enforcement agency" means any sheriff's office, police department, or other agency or department that employs persons who have law-enforcement authority that is under the direction and control of the Commonwealth or any local governing body.
B. Every law-enforcement agency and state or juvenile correctional facility shall report to the Department and every local or regional adult correctional facility shall report to the State Board of Local and Regional Jails the following information regarding the death of any person who is detained, under arrest or in the process of being arrested, en route to be incarcerated, incarcerated, or otherwise in the custody of such law-enforcement agency or correctional facility:
1. The name, gender, race, ethnicity, and age of the deceased;
2. The date, time, and location of death;
3. The law-enforcement agency or correctional facility that detained, arrested or was in the process of arresting, transported, incarcerated, or otherwise had custody of the deceased; and
4. A brief description of the circumstances surrounding the death and the cause of death.
C. Any law-enforcement agency or state or juvenile correctional facility that fails to comply with subsection B may, at the discretion of the Department, be declared ineligible for state grants or funds.
[
If it is established to the satisfaction of the Governor that a local or regional adult correctional facility fails to comply with subsection B,
If any local or regional correctional facility fails to send such report within 10 days, the State Board of Local and Regional Jails shall notify the Office of the Governor of such failure. If the facility fails to fully comply with subsection B within 10 days,
]
the Governor may make an order directing the Comptroller to withhold all further payment to such local or regional adult correctional facility of all funds, or of any part of them, appropriated and payable by the Commonwealth to such local or regional adult correctional facility, for any and all purposes, until such local or regional adult correctional facility complies with subsection B.
D. The Department and the State Board of Local and Regional Jails shall analyze the data submitted pursuant to subsection B to determine the means by which such information can be used to reduce the number of such deaths. The Director and the State Board of Local and Regional Jails shall each report annually the findings and recommendations resulting from the analysis and interpretation of the data to the Governor, the General Assembly, and the Attorney General beginning on or before July 1, 2025, and each July 1 thereafter.
E. Upon request, the State Board of Local and Regional Jails shall provide the data specified in subsection B to the Department to meet federal reporting requirements.