Weekend jail time; replaces the provision limiting nonconsecutive days. (SB4)

Introduced By

Sen. Bill Stanley (R-Moneta) with support from co-patron Del. Sam Rasoul (D-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Weekend jail time. Replaces the provision limiting nonconsecutive days in jail for the purpose of allowing the defendant to retain gainful employment with a good cause standard and allows the court to sentence the defendant to nonconsecutive days in jail only if the active portion of the sentence remaining to be served is 120 days or less. The bill allows the court to sentence felons to nonconsecutive days in jail if the felony was not an act of violence as defined in 19.2-297.1. Read the Bill »

Status

02/23/2016: Passed the House

History

DateAction
11/22/2015Prefiled and ordered printed; offered 01/13/16 16100386D
11/22/2015Referred to Committee on Rehabilitation and Social Services
01/21/2016Impact statement from DPB (SB4)
01/21/2016Reported from Rehabilitation and Social Services with amendment (15-Y 0-N) (see vote tally)
01/25/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/26/2016Read second time
01/26/2016Reading of amendment waived
01/26/2016Committee amendment agreed to
01/26/2016Engrossed by Senate as amended SB4E
01/26/2016Printed as engrossed 16100386D-E
01/27/2016Read third time and passed Senate (40-Y 0-N) (see vote tally)
01/28/2016Impact statement from DPB (SB4E)
02/03/2016Placed on Calendar
02/03/2016Read first time
02/03/2016Referred to Committee on Militia, Police and Public Safety
02/12/2016Assigned MPPS sub: #2
02/19/2016Reported from Militia, Police and Public Safety with substitute (18-Y 4-N) (see vote tally)
02/19/2016Committee substitute printed 16105639D-H1
02/22/2016Read second time
02/23/2016Read third time
02/23/2016Committee substitute agreed to 16105639D-H1
02/23/2016Amendment by Delegate Simon rejected
02/23/2016Engrossed by House - committee substitute SB4H1
02/23/2016Passed House with substitute (75-Y 25-N)
02/23/2016VOTE: PASSAGE (75-Y 25-N) (see vote tally)
02/25/2016Stricken from Senate calendar (38-Y 0-N) (see vote tally)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 11 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

HOUSE WITH A SUBSTITUTE. THE SENATOR FROM FRANKLIN COUNTY, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): THANK YOU, MR. PRESIDENT. WITH REGARD TO SENATE BILL 4, I'M GOING TO HAVE A MOTION. THAT MOTION WILL BE TO STRIKE THE BILL AND I'D LIKE TO SPEAK TO THAT MOTION, SIR.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Bill Stanley (R-Moneta): MR. PRESIDENT, MEMBERS OF THE SENATE, YOU MAY KNOW THAT FOR YEARS, I'VE BROUGHT THIS WEEKEND JAIL TIME BILL BECAUSE I BELIEVE THAT THOSE THAT ARE CONVICTED OF NONVIOLENT FELONIES WHERE THE SENTENCE OF ACTIVE TIME ALSO NOT SO GREAT, THAT RATHER THAN HAVING THEM LOSE THEIR JOBS OR NOT BE ABLE TO CARE FOR THEIR FAMILIES FINANCIALLY OR OTHERWISE, THAT THEY SHOULD BE ABLE TO SERVE THOSE DAYS IN NONCONSECUTIVE DAYS IN JAIL SO THAT THEY CAN KEEP THEIR JOB, TAKE CARE OF THEIR FAMILIES, WORK ON THEIR EDUCATION, SO WHEN THEY PAY THEIR DEBT TO SOCIETY, THAT DEBT WAS PAID AND THEY WERE STILL ACTIVE MEMBERS OF IT. BECAUSE WHEN SOMEONE COMES OUT OF JAIL WHO HAD A JOB AT THE TIME, WHO HAD TO GO AND SERVE THEIR TIME FOR NONVIOLENT OFFENSE, USUALLY THE EMPLOYER COULDN'T HIRE THEM BACK. THEY'D HAVE TO FIRE THEM AND HIRE SOMEONE ELSE. AND WHEN THEY CAME OUT, THE OPTIONS WERE EITHER GO ON UNEMPLOYMENT, BECOME A WARD OF THE STATE, OR IN ORDER TO SURVIVE, COMMIT ANOTHER CRIME. THIS WAS TO TRY TO HELP IN THOSE SITUATIONS. WHEN IT WENT OVER TO THE HOUSE, MR. PRESIDENT, I THOUGHT WE HAD AN AGREEMENT ON THIS WHEN WE STARTED. TURNS OUT THERE WERE CHANGES THAT WERE MADE AND I MADE A PROMISE TO THE CHAIRMAN OF A COMMITTEE THAT I WOULD NOT MOVE TO REJECT THE AMENDMENT. WHEN I LOOKED DEEPER IN WHAT THE AMENDMENTS HAD BEEN AND THIS BILL HAD NOW BECOME, IT WAS A STEP BACKWARD, NOT A STEP FORWARD, AND SO IN KEEPING WITH MY WORD, I NOW MOVE, ONCE AGAIN, THAT THIS BILL BE STRUCK FROM THE CALENDAR. MR. PRESIDENT, I WILL TELL YOU, I'M COMING BACK WITH THIS BILL AND WE WILL GET THIS BECAUSE IT'S FAIR, IT'S JUST, AND IT'S THE RIGHT THING FOR US TO DO. THANK YOU, MR. PRESIDENT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 4 BE STRICKEN FROM CALENDAR. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 38, NOS 0. AYES 38, NOS 0. THE BILL WILL BE STRICKEN FROM THE CALENDAR. SENATE BILL 361 IS PASSED THE HOUSE WITH A SUBSTITUTE. THE SENATOR FROM ARLINGTON, SENATOR FAVOLA.

Sen. Barbara Favola (D-Arlington): THANK YOU, MR. PRESIDENT. I MOVE THAT THE SENATE CONCUR