Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 15. State Board of Local and Regional Jails
Chapter 81. Standards for Planning, Design, Construction, and Reimbursement of Local Correctional Facilities

6VAC15-81-190. Analysis of existing criminal justice practices.

A. The needs assessment shall include an analysis of existing criminal justice practices and the impact they have on the use of existing and the need for future jail space, including arrest, bail, pretrial alternatives, commitments, sentencing practices, post-trial alternatives, Department of Corrections probation and parole violators, and state responsible felony inmate populations.

B. A description of the effect of current magistrate; court; public defender; and prosecutorial case management practices, policies, and procedures on the length of stay in jail. Included shall be a plan to improve criminal justice services, to include the staff and other resources necessary to effect a reduction in pretrial and post-dispositional length of stay in jail. Strategies to improve these practices and services shall be included and shall address such factors as:

1. The current use of summonses issued by law-enforcement agencies in lieu of arrest in certain criminal misdemeanor offences.

2. The current use of unsecured bond or pretrial services by magistrates.

3. Video arraignment in lieu of transportation to court.

4. Specifically for regional projects.

a. Cross court arraignments for confined defendants awaiting trial.

b. The need and solutions for short-term holding of defendants following arrest.

c. An assessment of travel distance and times to a proposed regional facility.

d. Where applicable, a collocated juvenile detention facility.

Statutory Authority

§§ 53.1-5, 53.1-80, and 53.1-82 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 34, Issue 12, eff. March 8, 2018.

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