Virginia Law

Article 2.1. Commission on the Virginia Alcohol Safety Action Program (Vasap).

As used in this article, unless the context requires a different meaning:

"Commission" means the Commission on VASAP.

"Department" means the Department of Motor Vehicles.

"Executive finance committee" means the advisory subcommittee of the Commission, composed of the Executive Director and such members as the Commission may designate, that is authorized to take action on behalf of the Commission for a period not to exceed 90 days in matters of program certification, suspension, or related fiscal oversight.

"Fiscal agent locality" means the county, city, or town designated pursuant to § 18.2-273.6 to serve as the financial and human resources administrator for a local alcohol safety action program.

"Ignition interlock system,""remote alcohol monitoring device," and "rolling retest" mean the same as those terms are defined in § 18.2-270.1.

"Local alcohol safety action program" or "local ASAP" means a program established pursuant to § 18.2-273.4 that provides probation, education, and rehabilitation services for persons referred by a court, the Department, or any other source approved by the Commission.

"Policy board" means the local independent ASAP board established pursuant to § 18.2-273.5 to provide local governance, budget review, and initial approval and work in consultation with the fiscal agent of the local ASAP regarding employee matters of a certified alcohol safety action program.

"Supplemental or emergency funding" means funds allocated by the Commission pursuant to subsection D of § 18.2-273.4 to ensure the continued operation or reestablishment of a local alcohol safety action program experiencing financial hardship or other circumstances that threaten service continuity.

2026, cc. 686, 687.

A. There is hereby established in the legislative branch of state government the Commission on the Virginia Alcohol Safety Action Program (VASAP), which shall be deemed an agency of the Commonwealth for the purposes of administration, regulation, and receipt or disbursement of funds pursuant to the provisions of this article. The Commission shall administer and supervise the system of local alcohol safety action programs throughout the Commonwealth, develop and maintain operation and performance standards for such programs, and administer the allocation of supplemental or emergency funding to such programs pursuant to subsection D of § 18.2-273.4.

B. The Commission shall have a total membership of 15 members that shall include six legislative members and nine nonlegislative citizen members. Members shall be appointed as follows: four current or former members of the House Committee for Courts of Justice, to be appointed by the Speaker of the House of Delegates; two members of the Senate Committee for Courts of Justice, to be appointed by the Senate Committee on Rules; three sitting or retired judges, one each from the circuit, general district, and juvenile and domestic relations district courts, who regularly hear or heard cases involving driving under the influence and are familiar with their local alcohol safety action programs, to be appointed by the chair of the Committee on District Courts; one director of a local alcohol safety action program to be appointed by the Speaker of the House of Delegates upon consideration of the recommendations of the legislative members of the Commission; one director of a local alcohol safety action program to be appointed by the Senate Committee on Rules upon consideration of the recommendations of the legislative members of the Commission; one representative from the law-enforcement profession, to be appointed by the Speaker of the House; one nonlegislative citizen at large, to be appointed by the Senate Committee on Rules; one representative from the Department whose duties are substantially related to matters to be addressed by the Commission to be appointed by the Commissioner of the Department of Motor Vehicles; and one representative from the Department of Behavioral Health and Developmental Services whose duties also substantially involve such matters, to be appointed by the Commissioner of Behavioral Health and Developmental Services. Legislative members shall serve terms coincident with their terms of office. In accordance with the staggered terms previously established, nonlegislative citizen members shall serve two-year terms. All members may be reappointed. Appointments to fill vacancies, other than by expiration of a term, shall be made for the unexpired terms. Any appointment to fill a vacancy shall be made in the same manner as the original appointment.

C. The Commission shall meet at least four times each year at such places as it may designate. A majority of the members shall constitute a quorum. The Commission shall elect a chair and vice-chair from among its membership, who shall be members of the General Assembly.

D. The Commission shall establish and ensure the maintenance of minimum standards and criteria for program operations and performance, accounting, auditing, public information, and administrative procedures for the various local alcohol safety action programs, including certification, decertification, regionalization, reorganization, or mergers of such local programs and finances and personnel at such local programs, and shall be responsible for overseeing the administration of the statewide VASAP system. Such programs shall be certified by the Commission in accordance with procedures set forth in the VASAP Certification Manual pursuant to § 18.2-273.3. The Commission shall also oversee program plans, operations, and performance and create a system for allocating funds to cover deficits that may occur in the budgets of local programs. The Commission may enter into cooperative agreements or memoranda of understanding with courts, law-enforcement agencies, the Department of Motor Vehicles, the Department of Behavioral Health and Developmental Services, or other public or private entities to improve coordination, data sharing, and service delivery within the statewide VASAP system. The Commission is authorized to accept any gifts or bequest of money or property and any grant, loan, service, payment, or property from any source, including the federal government, for the purpose of driver alcohol education, and any such gifts, bequests, grants, loans, or payments shall be deposited in the separate fund described in subsection B of § 18.2-271.1.

E. The Commission shall appoint and employ and, at its pleasure, remove an executive director and such other persons as it may deem necessary and shall determine their duties and fix their salaries or compensation.

F. The Commission shall appoint a Virginia Alcohol Safety Action Program Advisory Board (the Board) to make recommendations to the Commission regarding its duties and administrative functions. The membership of the Board shall be appointed in the discretion of the Commission and include personnel from (i) local alcohol safety action programs; (ii) the State Board of Behavioral Health and Developmental Services, community services boards, or behavioral health authorities; and (iii) other community mental health services organizations. An assistant Attorney General who provides counsel in matters relating to driving under the influence shall also be appointed to the Board.

G. Legislative members of the Commission shall receive compensation as provided in § 30-19.12. Funding for the costs of compensation of legislative members shall be provided by the Commission. All members shall be reimbursed for all reasonable and necessary expenses as provided in §§ 2.2-2813 and 2.2-2825 to be paid out of that portion of moneys paid in VASAP defendant entry fees that is forwarded to the Virginia Alcohol Safety Action Program.

H. The chair of the Commission shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Commission no later than December 1 of each year. The executive summary shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website.

I. Notwithstanding the provisions of Chapter 5 (§ 2.2-500 et seq.) of Title 2.2, the Attorney General shall provide representation in all cases, hearings, controversies, or matters involving the interests of the Commission. However, if, in the opinion of the Attorney General, it is impracticable or uneconomical for such legal services to be rendered by him or one of his assistants, the Commission may employ special counsel to represent it and provide such legal services. Any such special counsel shall be paid from funds appropriated to the Commission.

2026, cc. 686, 687.

In addition to the powers and duties of the Commission pursuant to § 18.2-273.2, the Commission shall:

1. Approve the VASAP Certification Manual, which prescribes statewide standards, criteria, and procedures for certification, auditing, fiscal management, and overall performance of local ASAPs;

2. Prescribe a reasonable portion, not to exceed 10 percent, of the fee described in subsection B of § 18.2-271.1 to be forwarded monthly for deposit with the State Treasurer for expenditure by the Commission;

3. Prescribe a uniform schedule of offender fees for services provided pursuant to § 18.2-271.1;

4. Establish procedures for the collection, accounting, and use of fees for services provided pursuant to § 18.2-271.1;

5. Prescribe minimum standards for local independent policy boards, including board composition, meeting frequency, duties and procedures, and intervention by the Commission or reconstitution of a board pursuant to subsection B of § 18.2-273.5. Such procedures shall provide that (i) the composition of the board shall include at least (a) one attorney for the Commonwealth, (b) one criminal defense attorney who has specialized knowledge in representing persons charged with driving while intoxicated offenses, (c) one member of law-enforcement, and (d) one member of a local community services board and (ii) the board may appoint a local sitting or retired judge of a general district court of the Commonwealth who regularly oversees or oversaw cases involving driving while intoxicated offenses and who is familiar with the local ASAP;

6. Establish minimum standards and procedures for the designation of a fiscal agent locality, required pursuant to § 18.2-273.6, including requirements for written agreements, fiscal accountability, recordkeeping, auditing, and reporting to the Commission;

7. Establish standards and procedures pursuant to § 18.2-273.4 for requiring (i) the issuance, renewal, suspension, or revocation of certification; (ii) examination requirements; (iii) performance evaluation standards; and (iv) an appeal process;

8. Suspend, revoke, or decline to renew the certification of a local ASAP. If such action is taken by the Commission, it shall take any further action necessary to ensure continued availability of mandated alcohol safety action services within the affected judicial district;

9. Develop and administer a certification process for local ASAP employees. Such process shall include (i) successful completion of a background investigation, (ii) review of a driving history record, and (iii) passing a written certification examination approved by the Commission with a minimum score of 80 percent; and

10. Establish certification requirements and performance metrics for the director of a local ASAP, which shall include, at a minimum, competency and satisfactory performance in (i) management and supervision of local ASAP staff; (ii) fiscal and budgetary management; (iii) compliance with Commission standards and regulations; (iv) integrity and accountability in program operations; and (v) cooperation with courts, law enforcement, and community partners.

2026, cc. 686, 687.

A. The Commission, or any county, city, or town, or any combination thereof, may establish and, if established, shall operate, in accordance with the standards and criteria required by this section, alcohol safety action programs (ASAPs) in connection with highway safety. Each such program shall operate under the direction of a local independent policy board established pursuant to § 18.2-273.5 and shall, at a minimum, (i) employ a program director and such staff as necessary to carry out the duties of such local ASAP and (ii) hold general liability, professional liability, and directors and officers insurance if such items are not provided by the fiscal agent locality of such program. Each such program shall be accessible to the public for all required services during days and hours established by the Commission, and the Commission shall prescribe acceptable methods of accessibility, including remote and electronic service delivery.

B. The Commission shall establish minimum standards and criteria for the implementation and operation of local ASAPs and shall establish procedures to certify all such programs to ensure that they meet the minimum standards and criteria stipulated by the Commission. The Commission shall also establish criteria for the administration of such programs for (i) public information activities, (ii) accounting procedures, (iii) the auditing requirements of such programs, and (iv) the allocation of supplemental or emergency funding pursuant to subsection D.

C. Each program director of the local ASAP shall be subject to an annual performance evaluation conducted by the Executive Director of the Commission or his designee. A program director shall be required to achieve and maintain, at minimum, a satisfactory performance rating as a condition of continued certification. Failure to maintain such required certification or a satisfactory performance rating (i) may result in suspension or revocation of certification and (ii) shall render such person ineligible to serve as a program director or employee of any local ASAP.

D. (Effective January 1, 2028) Each county, city, or town that has established, or jointly participates in, a local ASAP shall provide for the financial support of such program through annual appropriations in its local budget or through such other funding mechanisms as may be agreed upon by the participating localities. Each local ASAP serving multiple localities shall, as a condition of certification, have a written funding agreement among all participating localities that equitably allocates costs of program operation. Such agreement shall be filed with the Commission and reviewed for compliance with Commission standards. The Commission shall not be responsible for routine operational or personnel funding of local ASAPs. The Commission may, subject to the availability of funds, provide supplemental or emergency assistance to a local ASAP or its fiscal agent locality if the Commission determines that (i) financial hardship threatens continued operation of the local ASAP, (ii) the local ASAP has demonstrated compliance with all Commission standards, and (iii) the participating localities have contributed funding in accordance with this subsection. In the event any locality fails to provide financial support pursuant to this subsection, such locality may be subject to a fine as prescribed by the Commission.

E. Each local ASAP shall (i) maintain financial records in accordance with generally accepted accounting principles; (ii) be subject to local, state, and federal audits; and (iii) submit monthly financial reports to the Commission by the fifteenth day of the following month and an annual income statement by August 1 of each year. Any local ASAP that fails to timely file such information shall be subject to daily late fees, prescribed by the Commission, and potential decertification.

F. Any local ASAP revenues that are derived from offender fees or other sources shall only be used for the administration of such local ASAP and are subject to Commission oversight. The Commission may collect unexpended revenue or reserve balances from any local ASAP to ensure statewide fiscal accountability and maintain program standards.

G. Each local ASAP shall submit an annual operating budget and corresponding financial documents to the Commission for approval by May 1 of each year in a format prescribed by the Commission. In the event a local ASAP fails to submit, correct, or operate under an approved budget as required by the Commission, the Commission may (i) withhold or recover any state-controlled or supplemental funds, (ii) suspend or revoke certification of the local ASAP, (iii) suspend new offender referrals to the local ASAP, (iv) initiate temporary administration or reorganization under § 18.2-273.7, or (v) take such other actions as necessary to ensure compliance and fiscal accountability.

H. Each local ASAP shall operate under a program agreement approved by the Commission. Such agreement shall (i) delineate the responsibilities of the Commission and the local ASAP; (ii) specify conditions for receipt of any supplemental or emergency funding; (iii) identify performance measures related to offender compliance, fiscal management, and program efficiency; and (iv) provide procedures for monitoring, and remediation of, noncompliance. The Commission may withhold or recover funds or suspend certification for failure of the local ASAP to comply with the terms of such agreement.

I. Two or more certified local ASAPs may, with the approval of the Commission, enter into joint service agreements to provide education, monitoring, or administrative services and to share fiscal, personnel, or technological resources. Any such agreement shall specify the (i) duration, purpose, and method of administration; (ii) allocation of costs; and (iii) responsibilities of each participating program. Such agreement shall be filed with the Commission for review and approval. However, participation in any such agreement shall not relieve a local ASAP of its obligations under this article or regulations of the Commission.

J. Funds paid to the Commonwealth hereunder shall be utilized in the discretion of the Commission to offset the costs of state programs and local programs run in conjunction with any county, city, or town and costs incurred by the Commission. The Commission shall include in the executive summary required pursuant to subsection H of § 18.2-273.2 all actions taken pursuant to this section.

2026, cc. 686, 687.

A. The local independent policy board responsible for directing the operation of a local ASAP established pursuant to § 18.2-273.4 shall have the following powers and duties:

1. Review and approve the annual program budget prior to the submission of such budget to the Commission in consultation with the fiscal agent locality designated pursuant to § 18.2-273.6;

2. Participate in the hiring and firing of the program director and other personnel and consult with the fiscal agent locality to ensure such hiring and firing is consistent with the personnel policies and procedures of the locality; and

3. Meet as required by the regulations of the Commission and maintain minutes and records of such meetings in accordance with the standards established by the Commission.

B. Failure of a policy board to meet as required by subdivision A 3 shall constitute grounds for intervention by the Commission, including the reconstitution or replacement of the policy board, appointment of interim members, or any other corrective action the Commission deems necessary to ensure compliance and continuity of program operations.

2026, cc. 686, 687.

A. Each local ASAP shall, as a condition of certification by the Commission, designate a county, city, or town for which it serves to act as its fiscal agent locality. Such fiscal agent locality shall (i) be responsible for the receipt, disbursement, and accounting of all local ASAP funds in accordance with such standards established by the Commission; (ii) serve as the employer of record for all local ASAP personnel, including the program director; and (iii) provide payroll, benefits administration, and human resources functions on behalf of the local ASAP. For any local ASAP that serves multiple jurisdictions, such jurisdictions shall designate, by written agreement approved by the governing body of each respective jurisdiction, a single jurisdiction to serve as the fiscal agent locality. Such fiscal agent locality shall file such agreement with the Commission.

B. Any payroll and benefits paid by the fiscal agent locality shall be derived from offender fees paid to the local ASAP and remitted by such local ASAP to the fiscal agent locality prior to disbursement. Additionally, the fiscal agent locality may, at the beginning of each fiscal year, collect up to 10 percent of the Commission-approved annual budget for such local ASAP for the administration of such services.

C. The local independent policy board established pursuant to § 18.2-273.5 shall retain the authority to hire and recommend termination of the local program director and other local program personnel, subject to applicable personnel policies of the fiscal agent locality. Any employment action taken by such board shall be subject to the personnel policies, grievance procedures, and due process protections of the fiscal agent locality.

D. The Commission shall not certify, recertify, or continue certification of any local ASAP that fails to maintain a valid fiscal agent locality pursuant to this section. In the event any local ASAP fails to maintain a valid fiscal agent locality, such locality shall be subject to a fine as prescribed by the Commission not to exceed $5,000 and shall be responsible for any administration costs incurred by the Commission in directly administering or contracting for the administration of an interim program to provide mandatory alcohol safety action services pursuant to § 18.2-273.7.

2026, cc. 686, 687.

A. Every local ASAP shall be certified at least every three years. Any local ASAP that is found not in compliance shall submit an action plan within 10 days of notice from the Commission that such local ASAP is not in compliance. The Commission may issue conditional certification, extend corrective periods, or revoke certification for noncompliance. The Commission may regionalize, merge, reorganize, or decertify any local ASAPs as necessary to maintain statewide standards and may establish regional leadership teams to assist programs in achieving compliance. The executive finance committee of the Commission may, for a period not to exceed 90 days, suspend the certification of a local ASAP when the committee determines that such action is necessary due to (i) noncompliance with Commission standards or regulations; (ii) fiscal mismanagement; or (iii) any other conduct that threatens the integrity, efficiency, or public confidence in the statewide ASAP system. Upon suspension by the executive finance committee, the Executive Director of the Commission may take such administrative action necessary to protect program integrity, including prohibiting the suspended local ASAP from receiving new referrals and restricting the suspended local ASAP from accessing any information systems provided by or through the Commission. In the event the Commission suspends, revokes, or declines to renew the certification of a local ASAP, the Commission shall take such actions as necessary to ensure the continued availability of mandatory alcohol safety action services within the affected judicial district. A local ASAP that has had its certification suspended shall continue to provide services for referrals received prior to the effective date of the suspension unless otherwise directed by the Commission.

B. The Commission may, for a period not to exceed 12 months, directly administer or contract for the administration of an interim program to provide mandatory alcohol safety action services. During such interim period, the Commission shall have all powers and duties of a certified local program pursuant to § 18.2-273.4. In lieu of direct administration, the Commission may authorize one or more neighboring certified local ASAPs to provide services to offenders residing or convicted within the affected jurisdiction under such terms and conditions as the Commission deems appropriate to maintain service continuity and judicial compliance.

C. The Commission may enter into temporary contracts with qualified public or private entities that meet minimum standards established by the Commission to provide assessment, monitoring, education, and related services during the interim period.

D. Upon the decertification of a local ASAP, all unexpended revenues, reserve balances, accounts receivable, and other funds or assets held by, or for the benefit of, the decertified program shall immediately revert to the Commission. Such funds and assets shall be deposited with the State Treasurer for use solely in the administration of interim services and the reestablishment, certification, or reformation of a new local ASAP to serve the affected area.

E. The Commission shall, during the interim period, facilitate the reestablishment or certification of a new local ASAP for the affected area.

F. Upon certification of the new program, or at the expiration of 12 months, whichever occurs first, the temporary administration authority under this section shall cease unless extended by the Commission for good cause. Such extension shall not exceed six months.

G. The Commission shall report all actions it takes pursuant to this section, including reasons for decertification of a local ASAP, disposition of funds or assets received, and the status of interim service delivery, in its annual report to the Governor and the General Assembly as required pursuant to § 18.2-273.4.

2026, cc. 686, 687.

A. No person shall perform duties for, or be employed by, a local ASAP unless such person has obtained and maintains a certification issued by the Commission.

B. Every case manager, and any other employee who is designated by the director of any VASAP-certified local alcohol safety action program operated pursuant to this article to provide probation and related services, shall take an oath of office as prescribed in § 49-1, by a person authorized to administer oaths pursuant to § 49-3, before entering the duties of his office.

2026, cc. 686, 687.

A. The Executive Director of the Commission or his designee shall, pursuant to approval by the Commission, certify ignition interlock systems for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such ignition interlock systems.

The regulations shall include requirements that ignition interlock systems:

1. Do not impede the safe operation of the vehicle;

2. Minimize opportunities to be bypassed, circumvented, or tampered with, and provide evidence thereof;

3. Correlate accurately with established measures of blood alcohol content and are calibrated according to the manufacturer's specifications;

4. Work accurately and reliably in an unsupervised environment;

5. Have the capability to provide an accurate written measure of blood alcohol content for each ignition, attempted ignition, and rolling retest, and record each attempt to circumvent or tamper with the equipment;

6. Minimize inconvenience to other users;

7. Be manufactured or distributed by an entity responsible for installation, user training, service, and maintenance, and meet the safety and operational requirements promulgated by the National Highway Transportation Safety Administration;

8. Operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards;

9. Be manufactured by an entity that is adequately insured against liability, in an amount established by the Commission, including product liability and installation and maintenance errors;

10. Provide for an electronic log of the driver's experience with the system with an information management system capable of electronically delivering information to the agency supervising the interlock user within 24 hours of the collection of such information from the data logger; and

11. Provide for a rolling retest of the operator's blood alcohol content.

B. The Executive Director of the Commission or his designee shall, pursuant to approval by the Commission, certify remote alcohol monitoring devices for use in the Commonwealth and adopt regulations and forms for the installation, maintenance, and certification of such remote alcohol monitoring devices.

C. Such regulations shall also provide for the establishment of a fund, using a percentage of fees received by the manufacturer or distributor providing ignition interlock services or remote alcohol monitoring devices, to afford persons found by the court to be indigent all or part of the costs of an ignition interlock system or remote alcohol monitoring device.

D. The Commission shall design and adopt a warning label to be affixed to an ignition interlock system or remote alcohol monitoring device upon installation. The warning label shall state that a person tampering with or attempting to circumvent the ignition interlock system or remote alcohol monitoring device is guilty of a Class 1 misdemeanor and, upon conviction, shall be subject to a fine or incarceration or both.

E. The Commission shall publish a list of certified ignition interlock systems and remote alcohol monitoring devices and shall ensure that such systems and devices are available throughout the Commonwealth. The local ASAP shall make the list available to eligible offenders, who shall have the responsibility and authority to choose which certified ignition interlock company and certified remote alcohol monitoring company will supply the offender's equipment. A manufacturer or distributor of an ignition interlock system or a remote alcohol monitoring device that seeks to sell or lease the ignition interlock system or remote alcohol monitoring device to persons subject to the provisions of § 18.2-270.1 shall pay the reasonable costs of obtaining the required certification, as set forth by the Commission.

F. A person may not sell or lease or offer to sell or lease an ignition interlock system or a remote alcohol monitoring device to any person subject to the provisions of § 18.2-270.1 unless:

1. The system or device has been certified by the Commission; and

2. The warning label adopted by the Commission is affixed to the system.

G. A manufacturer or distributor of an ignition interlock system or remote alcohol monitoring device shall provide such services as may be required at no cost to the Commonwealth. Such services shall include a toll-free, 24-hour telephone number for the users of ignition interlock systems or remote alcohol monitoring devices.

2026, cc. 686, 687.