4/10/2019 12:35 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
X
Initial Agency Notice
Agency Decision
Promulgating Board: | Commission on the Virginia Alcohol Safety Action Program |
Regulatory Coordinator: | Richard Foy (804)786-5895 rfoy@vasap.virginia.gov |
Agency Contact: | Richard Foy Commission on Virginia Alcohol Safety Action Progr (804)786-5895 rfoy@vasap.virginia.gov |
Contact Address: | Commission on the Virginia Alcohol Safety Action Program Commission on VASAP 701 E. Franklin Street, Suite 1110 Richmond, VA 23219 |
Chapter Affected: | |
24 vac 35 - 30: | VASAP Case Management Policy and Procedure Manual |
Statutory Authority: |
State: Federal: |
Date Petition Received | 04/10/2019 |
Petitioner | Cynthia Ellen Hites |
I, Cynthia Hites, citizen of the Commonwealth of Virginia, pursuant to Virginia Code §
2.2-4007, do humbly submit this petition for the following amendment to Virginia Administrative
Code 24VAC35-30-150.
Currently, ASAP case managers can deny citizens' right to due process by choosing
to restart an ASAP client's court imposed ignition interlock sentence.
Upon suspicion of an ignition interlock violation, ASAP case managers should initiate
a non-compliance hearing for that offender. However, ASAP case managers are usurping
the jurisdiction of the court, endowed by §§ 18.2-271.1 and 18.2-271.2 of the Code
of Virginia, by personally altering or extending the sentences of their clients.
ASAP case managers serve in a probationary capacity, and as such, are precluded from
considering evidence surrounding ignition interlock violation accusations. Despite
this, ASAP case managers are choosing to impose punishment on citizens without the
benefit of a trial.
The current verbiage of the statute is as follows:
"24VAC35-30-150. Reporting.
ASAPs shall work with the courts and service providers to establish reports essential
to the probationary function of the case manger."
To clarify for all ASAP and VASAP personnel, and reiterate wherein lies judicial authority,
I request the addition of the following language to 24VAC35-30-150:
"24VAC35-30-150. Reporting.
ASAPs shall work with the courts and service providers to establish reports essential
to the probationary function of the case manager. Under no circumstance shall an
ASAP case manager alter any court-imposed sentence, or attempt to personally adjudicate
a suspected ignition interlock violation."
This simple change will help protect Virginians from being unjustly penalized before
all evidence and accusations against them can be presented in a court of law.
Respectfully Yours,
Cynthia Hites
Agency Plan
The Commission on VASAP will consider this petition at its quarterly meeting on December
13, 2019.
Publication Date | 04/29/2019 (comment period will also begin on this date) |
Comment End Date | 12/06/2019 |