24104757D
HOUSE BILL NO. 726
Offered January 10, 2024
Prefiled January 9, 2024
A BILL to amend the Code of Virginia by adding sections numbered 53.1-39.3 and 66-21.1, relating to use of canines in state correctional and juvenile correctional facilities; prohibited acts.
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Patron-- Webert
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Committee Referral Pending
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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding sections numbered 53.1-39.3 and 66-21.1 as follows:

§53.1-39.3. Use of canines in correctional facilities; prohibited acts.

A. Except where there is an imminent or spontaneous threat of death or serious bodily injury to any prisoner or any officer or employee, it is unlawful for any correctional officer or other employee of a state correctional facility who is permitted to handle canines to use a canine to (i) extract a prisoner from his cell or (ii) intervene in an altercation, fight, or other incident between three or fewer prisoners. If feasible, the correctional officer shall provide a warning to the subject of any canine use of force prior to the deployment of a canine.

B. The Department shall make public any policies and regulations relating to (i) the use of canines, (ii) training requirements for both canines and the handlers of such canines, and (iii) the supervision of the officers or employees who are permitted to handle such canines.

C. The Department shall track all canine uses of force and all incidents in which canines were present or requested for assistance but no canine use of force occurred. The information collected shall be reported publicly and made available on the Department's website.

D. The provisions of this section shall not apply to the training or use of detector canines or detector canine handlers.

§66-21.1. Use of canines in juvenile correctional facilities; prohibited acts.

A. Except where there is an imminent or spontaneous threat of death or serious bodily injury to any juvenile or any officer or employee, it is unlawful for any juvenile correctional officer or other employee of a juvenile correctional facility who is permitted to handle canines to use a canine to (i) extract a juvenile from his cell or (ii) intervene in an altercation, fight, or other incident between three or fewer juveniles. If feasible, the juvenile correctional officer shall provide a warning to the subject of any canine use of force prior to the deployment of a canine.

B. The Department shall make public any policies and regulations relating to (i) the use of canines, (ii) training requirements for both canines and the handlers of such canines, and (iii) the supervision of the officers or employees who are permitted to handle such canines.

C. The Department shall track all canine uses of force and all incidents in which canines were present or requested for assistance but no canine use of force occurred. The information collected shall be reported publicly and made available on the Department's website.

D. The provisions of this section shall not apply to the training or use of detector canines or detector canine handlers.