Virginia Law

A. Any clerk of a circuit court who provides secure remote access to nonconfidential court records maintained by the clerk shall allow the Virginia Criminal Sentencing Commission (the Commission) to enter into a single subscriber agreement authorizing the Commission to have secure remote access to nonconfidential court records, including court orders, sentencing guidelines, and sentencing revocation reports maintained by the clerk or the clerk's designated application service providers, provided that such subscriber agreement identifies all staff members of the Commission who require such secure remote access and that otherwise satisfies all other requirements of this article or other relevant provisions of law.

B. The subscriber agreement shall identify any staff member of the Commission who requires secure remote access to nonconfidential records to (i) carry out the powers and duties conferred upon the Commission by Chapter 8 (§ 17.1-800 et seq.) or any other provision of law; (ii) assist the clerk of the circuit court with preparing or sending any sentencing or revocation documents as required by subsection E of § 19.2-298.01 and subsection C of § 19.2-306.2; or (iii) assist an attorney for the Commonwealth with the preparation of a discretionary sentencing guidelines worksheet, including helping to resolve issues relating to docket numbers or identification numbers, in accordance with subsection C of § 19.2-298.01. If such secure remote access to any nonconfidential court records is not available, the clerk shall provide access to a hard copy of such nonconfidential court records either in person or via mail or an electronic copy of such nonconfidential court records via electronic mail.

For purposes of this section, no clerk of a circuit court shall require that the Commission enter into individual subscriber agreements for each staff member who requires secure remote access to nonconfidential court records.

2026, c. 942.