Virginia

SB 842 (Sen. Petersen) – This bill would allow people to petition the court for a sentence review after serving 15 years. People denied may reapply after 3 years, but may not apply more than 2 times. The bill would also allow people to petition for and automatically be resentenced at any time whenever there is a sentence-reducing change to or repeal of the law the person was sentenced under. FAMM supports this bill.

Unfortunately, while this bill was passed in the Senate, it did not pass in the House and will not become law in 2023.

SB 994 (Sen. Marsden) – This bill would create a prison ombudsman selected by committee of lawmakers, experts, impacted people. The bill would allow the ombudsman to conduct unannounced inspections of prisons and receive and investigate complaints from people in prison, their families, and corrections staff. The bill would establish an online form and hotline for use for incarcerated people and families to report issues. FAMM supports this bill.

Unfortunately, while this bill was passed in the Senate, it did not pass in the House and will not become law in 2023.

Read FAMM’s summary of SB 994.

Read FAMM’s poll showing that 82 percent of Americans support prison oversight.

2022:

Mandatory Minimum Sentencing Repeal

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.

SB 104

Read FAMM’s testimony in support of SB 104

Savings and Impact Estimate for SB 104

Unfortunately, this bill did not pass.

Second Look

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.

HB 906 / SB 378

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.

Prison Oversight and Accountability

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.

HB 655

Read FAMM’s summary of the prison oversight bill

Unfortunately, this bill did not pass.

2021:

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.

Read the bill text

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.

Read the bill text

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.

Read the bill text

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.

Read the bill text

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.

Read the study bill text

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.

• Read the bill text
• Read FAMM’s written statement in support of SB 5046

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.

• Read the bill summary
• Read the bill text
• Read FAMM’s written statement in support of 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.