FAMM is working in Virginia to roll back the state’s harsh sentencing laws and to promote our Second Chances Agenda. You can read more about our work in Virginia below.
Read the stories of real people who’ve been impacted by Virginia’s criminal justice system to learn more about why we’re working for reform in the state:
2022 Legislative Session
FAMM is once again supporting a bill that would, if passed, repeal virtually all of Virginia’s mandatory minimum sentences. The bill would also require a working group to study the feasibility, impact, and cost of applying this repeal retroactively, so that people already in prison serving these sentences could seek resentencing. Learn more about the bill below.
Read FAMM’s testimony in support of SB 104
Savings and Impact Estimate for SB 104
Unfortunately, this bill did not pass.
FAMM is supporting two identical bills that would allow people in Virginia state prisons to have their sentences reviewed after they serve 10 or 15 years and have excellent prison disciplinary records. Learn more about these bills below.
Read FAMM’s summary of the Virginia second look bills
Savings and Impact Estimate for HB 906/SB 378
Unfortunately, these bills did not pass.
FAMM is supporting a bill that would create an independent ombudsman’s office with power to inspect prisons, recommend improvements, and help resolve complaints from incarcerated people, their families, and prison staff. Learn more about the bill below.
Read FAMM’s summary of the prison oversight bill
Unfortunately, this bill did not pass.
2021 Legisative Session
SB 1443 – Repealing Mandatory Minimum Sentences
Bill Status: The 2021 legislative session has ended and this bill did not pass.
If passed, SB 1443 would have eliminated nearly all of Virginia’s mandatory minimum sentences. It would’ve also commissioned a study to inform how people who are currently serving mandatory minimums can be resentenced. FAMM supported this bill.
HB 2331 – Repealing Drug Mandatory Minimums
Bill Status: The 2021 legislative session has ended and this bill did not pass.
If passed, HB 2331 would have eliminated Virginia’s drug-related mandatory minimum sentences. It would have also allowed people who are serving these sentences the opportunity to petition the court for a sentence modification. FAMM supported this bill.
HB 1920 – Sentence Modification
If passed, HB 1920 would have allowed judges to modify a person’s sentence for good cause and when it’s in the best interest of justice at any time before the full sentence is served. Unfortunately, this bill did not make it out of the House Courts Criminal Subcommittee. FAMM supported the bill.
HB 2325 – Independent Prison Oversight
Bill Status: The 2021 legislative session has ended and this bill did not pass.
If passed, HB 2325 would have created an independent oversight body in Virginia to inspect prisons, recommend improvements, and help resolve complaints from families, incarcerated people, and staff. FAMM supported this bill.
HB 2325 did not pass, but lawmakers did push to study this issue further. The General Assembly passed an amendment in the state budget that instructs the Secretary of Public Safety and Homeland Security to study the feasibility and costs of creating an independent oversight body for the Department of Corrections. The study instructs the Secretary to consult with families, advocacy organizations, and national experts on oversight. The study findings must be reported to the Chairs of the House Public Safety, House Appropriations, Senate Judiciary, and Senate Finance and Appropriations Committees by December 1, 2021.
2020 Special Session
SB 5046 – Mandatory Minimum Reform
If passed, SB 5046 would have eliminated all mandatory minimum sentences in Virginia. Unfortunately, this bill did not make it out of the Senate Judiciary Committee.
SB 5018 – Conditional Release for Terminally Ill Prisoners
If passed, SB 5018 would extend conditional release to some prisoners who have a terminal illness with an end-of-life trajectory of 12 months. The bill was amended to exclude people who had committed many offenses from eligibility. Please read our summary to understand who qualifies under SB 5018.
Virginia Redemption Project
This project is the product of a joint commitment and shared resources from the NACDL, ACLU of Virginia, FAMM, Justice Forward, Legal Aid Justice Center, and the Virginia Association of Criminal Defense Lawyers.
The purpose of this project is to match currently incarcerated individuals with pro bono (free) lawyers to assist them in submitting clemency petitions to the Governor for conditional pardon. A Governor can grant conditional pardon to modify or end a sentence imposed by the court. The Governor only grants a conditional pardon when there is substantial evidence of extraordinary circumstances to warrant it. As a result of the settlement agreement in Whorley v. Northam, , the Governor and Secretary of the Commonwealth agreed to prioritize conditional pardons and to actively identify and expedite consideration of petitions that reference medical concerns, in light of the COVID-19 pandemic.
If you have a loved one incarcerated in Virginia, serving a state (not federal) prison sentence, you can learn more here about the Virginia Redemption Project and who can participate.
How You Can Advocate for Sentencing Reform in Virginia
Encourage your state lawmakers to support mandatory minimum sentencing reform. Be sure to connect with FAMM on Facebook, Twitter, and by signing up for our email list.
Visit our Justice Now Action Center to learn more about our advocacy across the nation.