Virginia Legislature Tables “Second-Look” Bills
Virginia’s General Assembly tabled a pair of bills that would have provided a path to early release for state prisoners after serving at least 15 years with good behavior, with Senators continuing S.B. 427 to next year’s session on February 28, 2024, and the House of Representatives leaving H.B. 834 in its Appropriations Committee 15 days before that.
Both bills carved out extended waits for those convicted of violent crimes. So why did a major media story about the proposed laws focus on the pain felt by survivors of murder victims? That was a question left unanswered by Washington Post columnist Petula Dvorak in an article published on February 5, 2024. The number of people she profiled who objected to release of a loved one’s murderer? Three. The number of times she failed to point out that murderers would have to wait at least 25 years to apply? (Hint: It’s less than four and more than two.)
Neither bill categorically excluded prisoners convicted of violent crimes. But the 25-year wait to apply for a sentence reduction would apply to those serving time for murder, child rape or producing kiddie porn. For a second tier of prisoners convicted of less-violent crimes like second-degree murder, rape or possessing child pornography, the proposed wait was 20 years. All other prisoners would become eligible after 15 years.
Since Virginia abolished parole in 1995, the bills would merely bring it more in line with states like New York, where even those serving life sentences may become eligible for parole after 15 to 25 years. Both bills also required a fairly unblemished behavior record behind bars. They also prevented “gaming” the system with successive sentence reductions by forcing prisoners to wait at least three years between petitions, and those who’d filed one or two petitions that were then rejected would also be excluded for five years.
S.B. 427 sponsor Sen. Craigh Deeds (D-Charlottesville) is better known for his advocacy for stricter gun control and better mental health care, having survived a 2013 stabbing by his own mentally disturbed son, who then fatally shot himself. He made few statements about the bill, nor did H.B. 834’s sponsor, Del. Rae Cousins (D-Richmond). But in a state without parole, the measures represented a rare attempt to offer prisoners incentive to pursue rehabilitation.
Predictably, GOP state Attorney General Jason Miyares was quick to offer a public “apology” to survivors of crime victims for the “unacceptable treatment” they received at a House subcommittee hearing on January 31, 2024, when lawmakers enforced a six-minute speaking limit on the group. After assuming office in early 2021, Miyares immediately disbanded the state’s conviction integrity unit, kneecapping any Virginia prisoner’s fight to overturn a wrongful conviction.
Additional source: Washington Post
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login