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Commission on the Virginia Alcohol Safety Action Program
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Commission on the Virginia Alcohol Safety Action Program
Petition 296
Petition Information
Petition Title Petition to Amend 24VAC35-30-150
Date Filed 4/10/2019    [Transmittal Sheet]
Petitioner Cynthia Ellen Hites 
Petitioner's Request

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's Plan

The Commission on VASAP will consider this petition at its quarterly meeting on December 13, 2019.

 
Comment Period Ended 12/6/2019
5 comments
Agency Decision Pending    

Contact Information
Name / Title: Richard Foy  / Commission on Virginia Alcohol Safety Action Progr
Address: Commission on VASAP
701 E. Franklin Street, Suite 1110
Richmond, 23219
Email Address: rfoy@vasap.virginia.gov
Telephone: (804)786-5895    FAX: (804)786-6286    TDD: ()-