Virginia Code 9.1-192.1: Civilian deaths in custody; annual report.
A. For the purposes of this section:
Terms Used In Virginia Code 9.1-192.1
- Adult: means a person 18 years of age or more. See Virginia Code 1-203
- Arrest: Taking physical custody of a person by lawful authority.
- Board: means the Criminal Justice Services Board. See Virginia Code 9.1-101
- Department: means the Department of Criminal Justice Services. See Virginia Code 9.1-101
- Includes: means includes, but not limited to. See Virginia Code 1-218
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
“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.
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.
2024, c. 813.