A Senate committee voted to report House Bill 21-05, carried by Delegate Kent, which would encourage or require regional jails to enter memoranda of understanding (MOUs) with the law enforcement agency in the jurisdiction where the jail sits to ensure timely investigation of the most serious violent incidents.
Delegate Kent described the bill as a best practice to address gaps some stakeholders reported, saying some regional jails lack a process and that serious violent crimes in custody were sometimes not investigated promptly, leading to lost evidence. “We really see this bill as a best practice,” Kent said, framing the measure as a way to ensure that murders, manslaughter and other serious offenses are investigated with appropriate law enforcement involvement.
Members discussed which law enforcement agency should be responsible. The bill’s language uses the phrase “primary local law enforcement agency,” which staff counsel said is meant to distinguish jurisdictions where the sheriff’s office is primary from those where a municipal or county police department is primary. Senators and witnesses also raised the need for flexibility to involve the Virginia State Police in some circumstances; the committee adopted an amendment that allows local decision-making and makes clear jails may choose to involve state police when appropriate.
Senator Rouse said the clarification that the agency is tied to the jurisdiction where the facility lies helped. Mike Edwards of the Association of Regional Jails said some jails prefer to call state police and that the MOU should allow that practice. Senators who spoke generally supported the change and the need for flexibility so outside agencies can be brought in where conflicts of interest or operational realities require it.
The amendment was accepted as friendly to the patron, and the committee voted 14-0 to report the bill as amended.