Public Comments for: HB834 - Petition for modification of sentence; eligibility, procedures.
I fully support those bills.
I fully support those bills.
Why is this being submitted? Do we not have laws, codes, and we are already drowning in? Stop just stop it, we have appeals, we have sentencing guidelines. Why are we adding yet more. We have parole, maybe we should work on what we have already and stop bogging the American People down with more rules, more laws, more codes!!
I support this bill I believe in 2nd chances
I OPPOSE this bill. I agree with the comments against this bill posted by Baer and Mothers Against Drunk Driving. Please vote NO on HB834. It's bad for victims, and will make our state less safe.
Do not support HB834. Virginia citizens do NOT need more criminals put back on the streets. In recent years, crime has been increasing. It doesn't even feel safe to go to my local Walmart anymore. Do you wish to add to the millions of potential criminals pouring over our open southern U.S. border? Virginia is not a Monopoly game where serious offenders can pick a "get out of jail free" card!
We need this bill to pass to bring family members home. They have served more than enough time, let’s get this bill passed.
I Nicole Spratley support this bill for second chances! Being our love ones home. There’s inmates that’s are very remorseful and made such a poor decision. They have grown, conquered, and established a new and sincere leadership to others and themselves. There are inmates that are ready to start a new life that have turned over a new leaf. There are inmates that is ready to out there all in starting a new life. Everyone is entitled to a second chance at life. There are inmates ready to prove that they can be better and also a better help on society. There are inmates that are doing dramatic times behind the walls of prison, who’s had cases and was giving extreme sentencing for not so violent crimes. There are inmates who had court appointed lawyers that didn’t even look over there clients case and did absolutely nothing to try and protect them in court. I Nicole Spratley support HB834 cousins!
I am in FAVOR of this bill, for the simple reason that Virginia incarcerates more people than the top ten industrialized nations combined. That is shameful and an abomination, and shows the CW of VA thinks it can incarcerate itself out of criminality.
Dear Chair Hope and House Appropriations Committee Members, Mothers Against Drunk Driving (MADD) urges you to oppose HB 834, a bill that would undermine Virginia’s drunk and drug-impaired driving law. Specifically, the legislation would allow convicted impaired drivers who cause a fatal crash to receive a “second look” after serving 15 years in a state correctional facility, and possibly granted early release. Reducing the sentences for impaired drivers who cause a fatal crash revictimizes victim survivors and undermines the severity of the preventable violent crime of drunk and drug-impaired driving. The crime of drunk and impaired driving has increased by double digits over the last three years of available data. According to the National Highway Traffic Safety Administration (NHTSA) in 2021, 281 Virginians were killed in drunk driving crashes—a 19% increase from 2019. Most drunk and drug-impaired drivers who cause a fatal crash in Virginia would not be affected by this legislation because typically these offenders do not receive a sentence of more than 15 years. However, for the most abominable instances in which an impaired driver is sentenced to more than 15 years, HB 834 will reverse justice by granting an opportunity for early release. Granting early release to an offender who caused a fatal crash revictimizes victims and sends a very mixed message to Virginia residents of the potential consequences for drunk and drug-impaired driving. Every time someone makes the choice to get behind the wheel of a vehicle impaired, the danger and potential result is the same – loss of life. Drunk and drug-impaired driving is a completely preventable violent crime that requires stiff consequences to ensure impaired driving laws have teeth and ensure justice for victims and survivors. MADD urges you to oppose HB 834. If you have any questions or need more information, please contact me at bryna.clarkbraverman@madd.org or 410-964-5757 Ext 2453. Thank you in advance for your prompt consideration of this important request. Sincerely, Bryna Clark-Braverman MADD Mid-Atlantic Regional Executive Director
I SUPPORT the bill. I do believe in an individual's capacity to change and rehabilitate over time. This piece of legislation if passed will look at the length of a person's sentence and allow for a more accurate assessment of their current character and the likelihood of successful reintegration into society based on their growth. No one is the same as they were years ago. I do believe this bill will reevaluate any individuals sentenced to disproportionately long sentences, particularly for offenses committed during their youth. Therefore allowing the courts to revisit some of these cases to rectify any perceived injustices and bring sentences in line with the severity of the crime.
I SUPPORT the bill. I do believe in an individual's capacity to change and rehabilitate over time. This piece of legislation will look at the length of a person's sentence and allow for a more accurate assessment of their current character and the likelihood of successful reintegration into society based on their growth. No one is the same as they were years ago. I do believe this bill will elevate some individuals who may have received disproportionately long sentences, particularly for offenses committed during their youth. Therefore allowing the courts to revisit some of these cases to rectify any perceived injustices and bring sentences in line with the severity of the crime. Allowing individuals the ability to go home where they need to be with their families and loved ones.
I fully support these bills HB45 HB179 HB 834
Please vote NO to HB834, which violates assurances made to victims in the past. It would allow serial killers and the worst murderers to be released, those who committed Class 1 felonies. When the death penalty was abolished, legislators said, don't worry, the worst killers will get life without parole instead. But now, those killers will eventually be released if they convince a judge they are sorry and have a relatively clean prison discipline record. This is one of those soft-on-crime policies that sends a bad message to criminals. Washington, DC has a milder version of this "second look" legislation. Washington DC's murder rate went up 36% in 2023, and carjackings doubled in 2023, due to its soft-on-crime policies, as journalists have reported: https://www.axios.com/local/washington-dc/2024/01/04/carjacking-rings-arrests-2023. Please don't bring those soft-on-crime policies like second-look to Virginia. HB834 is even worse than DC's second-look law because it applies to offenders regardless of age, unlike in DC, where offenders only get out if they committed their crime before they turned 25. And HB 834 is even worse than DC's soft-on-crime "second look" law because it doesn't require proof that an inmate “is not a danger to the safety of any person or the community” before the inmate can be released, as DC's law does. Even with that requirement, 28 of the first 135 offenders released under DC's law had been arrested again by the beginning of 2023, reported the Daily Caller (http://tinyurl.com/2a6cdm3y). The criteria for release need to be tightened up. Right now, almost all of the factors the bill tells judges to consider are the kind criminal defense lawyers cite for reduced sentences, and virtually none of them are the reasons courts give for imposing long sentences, like the need for deterrence or to make the penalty fit the crime. Overly indulgent criteria for release will harm public safety, if inmates are routinely released under this bill. DC's law already routinely releases inmates. The Washington Post reported last year that four-fifths of inmates seeking release under it were released (135 of 164 petitioners). The lobbyists pushing second-look legislation make false claims about inmates' recidivism rates after being released. As criminal-justice expert Rafael Mangual of the Manhattan Institute pointed out in response to a lobbyist for this bill, "As you can see from this BJS recidivism report, nearly 80% of offenders aged 40-54 are rearrested at least once after their release from prison. For those aged 55-64, that number is 56.1%, and 40.1% for those aged 65 and over." See https://twitter.com/Rafa_Mangual/status/1747647647932887436 . Inmates frequently commit more crimes after being released from prison, even after they have served a decade or more in prison, so they remain dangerous. 57.5% of federal inmates imprisoned for violence for ten years or more were arrested again after being released. (See U.S. Sentencing Commission, "Recidivism of Federal Violent Offenders Released in 2010," pg. 33 (Feb. 2022)). This law will also be very painful for victims of crime, when inmates who raped them or murdered their child petition for release. The suffering of rape victims due to these laws is chronicled by the Washington Post's Petula Dvorak in "This law makes her explain the trauma of her rape every few years" (https://www.washingtonpost.com/dc-md-va/2024/01/25/this-law-makes-her-explain-trauma-her-rape-every-few-years/).
I fully support HB179 I am also in full support of HB834. This bill is not proposing that individuals should not be held accountable for their mistakes. And it's not suggesting a get out of jail free card for everyone who commits a crime. It is about taking a second look into the sentences of people who have served a significant amount of time and who have proven their sincere growth and remorse for their mistakes. I believe that redemption, compassion and justice can all be possible. There are people who are currently incarcerated who would be so much more of a contribution to society and their families if given the opportunity to have their sentence modified.
I support this bill
2/1/2004 To the legislators of Virginia. Recently our loved one, to some a friend, enlighten us about Second Look Legislation that will come up again in the 2023/2024 General Assembly. He requested that we contact our legislators and share his thoughts as we join the fight in support of criminal justice reform, and we're urging you all to join the fight, especially the"Republican Led House." Thank you all in advance for your time and attention in this matter. Sincerely Yours. Johnnie L. Wood #1014755 Shanita S. Hatcher Barbara A. Garrett Regina Daughtery C.C. Don Scott Marcus Simon Leslie Adams Vivian Watts Robert Bell Terry Kilgore James Leftwich Patrick Hope Jeffrey Campbell Margaret Ransom Date, April 24, 2023 Johnnie L. Wood #1014755 Greensville Correctional Center 901 Correction Way Jarratt, Virginia. 23870 Virginia Second Look Legislation will come up again in the "2023 General Assembly." If passed, everyone who has been incarcerated for [15 years or more] Second Look will allow for you to petition the court and have a judge resentence you according to the merits of your sentencing, behavior, or rehabilitation measures. ( All victims will still reserve the right to speak if they'd like.) Last year a Second Look Bill was passed by the Democrat controlled Senate, but was killed in the Republican controlled House. All Bills Must Pass Both The HOUSE And The SENATE To Become Law. Contact the Virginia General Assembly and [URGE SUPPORT] for the 2023 version of the "Second Look Bill". At 1000 Bank Street, Richmond, Virginia. 23219. People, this isn't a Democrat or Republican issue, this is an [opportunity to be on the right side of criminal justice reform,] by giving Judges the authority to resentence incarcerated People who have satisfied [ 15 years or more of there original sentence according to the merits of your sentencing, behavior, or rehabilitation measures]. Also, the Second Look Bill could provide a remedy for the People who was sentence outside of there guidelines and are serving inflated sentences. Also, you have the [Post Fishback People Who's with out a remedy. In the year " 2000," the Supreme Court ruling in Fishback v. Commonwealth, making it a requirement to instruct juror's that parole is abolished in Virginia. Democrats and Republicans have an obligation to the People, that our justice system is fair an just to the People it represents, so let's not put off until tomorrow what you can fix today. Virginia People some are serving inflated sentences, that calls for reform. Virginia legislature's are [elected by the People to represent the People not there own special interest.] We the People have family members incarcerated, many are serving lengthy and (Some time unfair sentences). We call on our legislature's to give the Judges authority to correct and resentence them . We also strongly urge Republican led House to support the Second Look Bill. Thank you all in advance for your time and attention in this matter. . Sincerely Yours. Shanita S. Hatcher Barbara A. Garrett Regina Daughter C.C. Virginia General Assembly 1000 Bank Street, Richmond, Virginia. 23219 #1 Joseph D. Morrissey #2 Don't Scott (804-698-1080) #3 Marcus Simon (804-698-1053 #4 Leslie Adams (804-698-1016) #5 Peter Dujardin (757-247-4749)
I support this bill. It will help alot of inmates who deserves another chance. Never the less., families and love ones
I fully support this bill
My brother is Antonio Townsend. He is currently incarcerated in Greenville Correctional Facility. He was sentenced to life and he killed no one. He’s been incarcerated since he was 19. Has served about 25 years now. It’s time for him to come home. He has daughters that he missed raising. He has grandchildren that he’s not able to see grow up. His mother passed away while he was incarcerated as well. This was his first time in trouble and he got life. It’s time for him to come home. We need him home. He has grown so much. He’s not that same immature and miss guided young man that made those mistakes. I need my brother home. Thank you for your time.
I suppose this bill
Please vote no on the bill HB834, which would allow serial killers and serial rapists to be released after 15 years. It would cause victims of crime (like rape victims and the families of murder victims) to relive their trauma again and again, as "second-look" legislation has done to victims elsewhere, such as in Washington, DC (which has a less radical version of HB834, that only applies to inmates who committed their crimes below age 25). Petula Dvorak has written about how bills like this traumatize victims over and over again in the Washington Post, in "This law makes her explain the trauma of her rape every few years." HB834 would increase the violent crime rate, and lobbyists for the bill have made grossly inaccurate claims about recidivism and re-offense rates by released inmates, as Rafael Mangual of the Manhattan Institute has pointed out: https://archive.is/hR911 . HB834 would result in many violent criminals being released, and many would go on to be arrested again. Most of the inmates released under Washington, DC's second-look law are murderers, and the Daily Caller reported last year that 28 of the first 135 inmates released under it had already been arrested again -- even though Washington, DC, unlike HB 834, only allows an inmate to be released if a judge specifically finds an inmate “is not a danger to the safety of any person or the community.” The comments of Pack and Renee posted earlier convincingly explain why HB834 is based on false premises and would increase the crime rate and endanger public safety.
I support these two bills HB834 and HB45 because A lot of times crimes are a reaction and not an action when a trauma has experienced and they are not likely to repeat the crime... A second chance matters in these cases and would take a huge burden off of the tax payer and families. Look at what they have done since and send the ones home who have shown us that they are rehabilitated and let's rebuild our families and community's... Kind regards, Cyndi Harris
Please pass bill HB834. Thank you
Part2 Good Afternoon again. This is a continuation the total of 22 years is 264 months of doing same routine with getting into trouble We are very proud of our love one. He has held a job since security level dropped 2006. He worked all while he was attending mandatory and non- mandatory classes. He was elected to be spokesman for his position. We have supported him because first he was trying to help himself. But also we have helped him with 4000 dollars in 25 dollar increments. None of that money is returned to our pockets nor to the community. His children are included in the 103,000 children are impacted by an incarcerated parent. Give my son and all other men women who have demonstrated a change in their life. Thank you. Lorrene Crowell Newport News
HB834, which would allow even serial killers to be released after 15 years, should be rejected because the lobbyists pushing it have made false claims about the very real risk that the inmates released under it will reoffend and commit more crimes. That is discussed in an article found at this link: https://archive.is/hR911 .74.5% of state prisoners released in 2008 at age 40 or above were subsequently arrested again by 2018, according to the federal Bureau of Justice Statistics. Yet Landsman, the lobbyist for FAMM, who has filed written testimony in support of this bill, has falsely claimed to the contrary to Washington legislators. As the comment of Curry below points out, "The lobbyists pushing second-look legislation make false claims about inmates' recidivism rates after being released. As criminal-justice expert Rafael Mangual of the Manhattan Institute pointed out in response to a lobbyist for this bill, 'As you can see from this BJS recidivism report, nearly 80% of offenders aged 40-54 are rearrested at least once after their release from prison. For those aged 55-64, that number is 56.1%, and 40.1% for those aged 65 and over.' See https://twitter.com/Rafa_Mangual/status/1747647647932887436 . Inmate recidivism rates are substantial, even after they have served 10 or 15 years in prison, so they remain dangerous. 57.5% of federal inmates imprisoned for violence for ten years or more were arrested yet again after being released. (See U.S. Sentencing Commission, Recidivism of Federal Violent Offenders Released in 2010, pg. 33 (Feb. 2022)). The fact that a judge gives an inmate a 'second look' and lets them out doesn't mean they won't reoffend. Washington, DC's second look law requires a finding that the inmate being released is not a danger to public safety, but many of the inmates released under it (most of whom are murderers) have been arrested again after being released. The Daily Caller reported that 20% of those released under Washington, DC's second look law had been arrested in the short time after their release. See James Lynch, 'Man Who Raped 3 Women And Forced Victims To Dig Their Own Graves Seeks Early Prison Release Under DC Law,' Daily Caller, February 1, 2023 (stating that 'The law has led to 135 defendants being released early, of whom 28 have been rearrested') (available at https://dailycaller.com/2023/02/01/sexual-assault-three-women-early-release-washington-dc/). Simply because someone is middle aged due to serving 15 years in prison does not keep them from being dangerous. Many notorious serial killers were still active in their 50s, like Peter Tobin and John Reginald Christie. Serial killer Albert Fish started killing at age 54, and Dorothea Puente started at age 53. Some murderers keep killing as senior citizens. At the age of 76, Albert Flick killed a woman, stabbing her at least 11 times while her twin sons watched. He had previously been imprisoned from 1979 to 2004 for killing his wife by stabbing her repeatedly in front of her daughter. Marceline Harvey was arrested for killing again at age 83, after two prior convictions in New York. Harvey was arrested after previously spending three decades in prison for killing one girlfriend, and before that, spending 20 years in prison for killing an earlier girlfriend. Twice, Harvey had been paroled and released after deliberately murdering a woman." HB 834 would increase the violent crime rate, as is explained at this link: https://archive.is/hR911
I am voting for this bill, because my son has been incarcerated for 28 years on a wrongfully conviction. And his Lawyers have sent Governor Youngkin a conditional pardon on behalf of my son Michael Wayne Crump and nothing has happen yet. So yes I will vote for this bill.
I have volunteered with RIHD, INC., for over 25 years and I am very proud of what our organization has accomplished, but there is still SO much more to be done. RIHD, INC., has always supported a fair and inclusive Second Look law in Virginia which is the main reason I wholeheartedly support HB 834, an "earned" second chance bill. Keep in mind the operative word is EARNED! There are many who believe punishment for those who have committed crimes should be swift and punitive, and there are certainly several types of crimes which would qualify for that. There are also many who will try to obfuscate the issues by intimating that ANY type of restorative justice would be viewed as being "soft on crime." Those types of statements serve to limit forward progress, not only in Virginia, but nationwide. Yet, there is NOT one among us who has NEVER had to ask for forgiveness. In closing, it is no secret that this country has a disproportionately high rate of incarceration which usually includes draconian and quite lengthy sentences. It is, therefore, imperative that our legislators become more proactive and do what is necessary to become an example of ways to incarcerate and also to rehabilitate. As a constituent, I humbly implore you to be our voice for a better future. Please support and pass HB 834. I thank you for your time and consideration. Peace and Blessings. Respectfully submitted, Janet B. "Queen Nzinga" Taylor Board Member / RIHD, INC.
Attached is a written testimony in support HB 834. The testimony highlights the reason FAMM strongly supports HB 834.
Please vote against HB834. As the comment of Pack points out, HB834 "would allow even serial killers to be released after 15 years. As Petula Dvorak recently reported in the Washington Post, these second-look bills are extremely traumatic for victims of violent crimes and their survivors. Rape victims are forced to relive their trauma again and again in the places that have adopted second-look laws, even when those laws are far less radical than HB834, which allows serial killers and serial rapists to be released, regardless of when they committed their crime. Survivors' anguish as a result of second-look laws is described in 'This law makes her explain the trauma of her rape every few years' by Petula Dvorak (https://www.washingtonpost.com/dc-md-va/2024/01/25/this-law-makes-her-explain-trauma-her-rape-every-few-years/). As is explained in Curry's comments, it would increase the violent crime rate and harm public safety, too, because offenders released under 'second look' laws have gone on to commit more violent crimes (and also because the Bureau of Justice Statistics says many inmates go on to commit more crimes after being released, even those released in their 40s and 50s) . As an article in the Washington Times points out, the factors the bill tells judges to consider about whether to release offenders are biased in favor of release, and don't even mention essential needs, like deterrence, even while listing every conceivable excuse a criminal defense lawyer would make for releasing an inmate. The bill doesn't even require a judge to issue a finding that 'that the defendant is not a danger to the safety of any person or the community,' unlike Washington, DC's second-look provision, which is less extreme because it only releases offenders who committed their crimes below age 25. This bill has also been criticized in the Daily Press ('Democratic bill would effectively cap criminal sentences"' by Maggie Cleary). Sentences should be proportional to the crime, but HB834 would allow even serial killers to be released after 15 years, which is far too short for such an awful crime. A mere 15 years for serial killing is just not proportional to the gravity of the offense. HB 834 does not list proportionality or retribution as factors in resentencing, even though the Supreme Court says those are legitimate factors to consider in sentencing. These flaws in HB 834 should all be fixed, and as long as they are present, you should vote NO on HB 834. HB834 should also be amended to exclude first degree murderers and murderers with second or successive convictions for second-degree murder, as the Senate second-look bill, SB427, does...serial rapists should also be excluded, as should all second-degree murderers. HB834 would increase the violent crime rate, as is explained in an article at this link: https://archive.is/hR911 "
I Deirdre Beard is in support of this bill.
Honorable Members of the Committee for Courts of Justice – Criminal. My name is Leonie May and the mother of Marvin May, an inmate at Buckingham Correction Center. I am also a Member of Virginia based nonprofit organization Resource and Information Help for the Disadvantaged (RIHD). I support Bill HB834 Petition for Modification of Sentences. This would be a good adjustment to the Virginia Justice System, I do believe everyone deserved a second chance in life and this bill would help with that process. Thank you, Leonie May 804 909-0677 Constituent of the Sen-13 -HSE-81
I'm standing for my son Praying for years for freedom. Never turning my back. I'm praying for this new bill to pass to give a second chance. We all are human. Family life changes after losing a love one. There are alot of inmates who deserve second chance. Peoples learn every day the right, the wrong. Give them another chance
Good Morning! I pray everyone be found safe and well. I come to you on behalf of HB834. It is in my opinion to have you take a look into each situation very carefully and without prejudice. We have (my family) have not only been cooperative but having paid out of pockets to help further my son’s education and obtain certificates degrees and become a reformed inmate but he has faced the unfortunate reality of losing his father, grandparents, aunts and uncles. Although, none of this is your fault or anyone else’s all we are saying is please help him and others who are struggling with this to come home safely and expeditiously..it is in my closing that I say thank you for taking out the time in considering my prayer! Thank you and God blessings to you ALWAYS
Vote against HB834, which would allow even serial killers to be released after 15 years. As Petula Dvorak recently reported in the Washington Post, these second-look bills are extremely traumatic for victims of violent crimes and their survivors. Rape victims are forced to relive their trauma again and again in the places that have adopted second-look laws, even when those laws are far less radical than HB834, which allows serial killers and serial rapists to be released, regardless of when they committed their crime. Survivors' anguish as a result of second-look laws is described in "This law makes her explain the trauma of her rape every few years" by Petula Dvorak (https://www.washingtonpost.com/dc-md-va/2024/01/25/this-law-makes-her-explain-trauma-her-rape-every-few-years/). As is explained in Curry's comments, it would increase the violent crime rate and harm public safety, too, because offenders released under "second look" laws have gone on to commit more violent crimes (and also because the Bureau of Justice Statistics says many inmates go on to commit more crimes after being released, even those released in their 40s and 50s) . As an article in the Washington Times points out, the factors the bill tells judges to consider about whether to release offenders are biased in favor of release, and don't even mention essential needs, like deterrence, even while listing every conceivable excuse a criminal defense lawyer would make for releasing an inmate. The bill doesn't even require a judge to issue a finding that "that the defendant is not a danger to the safety of any person or the community," unlike Washington, DC's second-look provision, which is less extreme because it only releases offenders who committed their crimes below age 25. This bill has also been criticized in the Daily Press ("Democratic bill would effectively cap criminal sentences" by Maggie Cleary). Sentences should be proportional to the crime, but HB834 would allow even serial killers to be released after 15 years, which is far too short for such an awful crime. A mere 15 years for serial killing is just not proportional to the gravity of the offense. HB 834 does not list proportionality or retribution as factors in resentencing, even though the Supreme Court says those are legitimate factors to consider in sentencing. These flaws in HB 834 should all be fixed, and as long as they are present, you should vote NO on HB 834. HB834 should also be amended to exclude first degree murderers and murderers with second or successive convictions for second-degree murder, as the Senate second-look bill, SB427, does. Indeed, serial rapists should also be excluded, as should all second-degree murderers. HB834 would increase the violent crime rate, as is explained in an article at this link: https://archive.is/hR911
This bill will really help others have a second chance at society and how this bill could help many families. This bill gives the inmates the courage and the influence of being able to prove that they have learned from their mistakes.
I Nicole Spratley is in support of this Bill! This Bill will change many inmates lives and their families. To give them a second chance at life and society. To reunite with families. For first timers that was giving a dramatic sentence to overcome a second chance. We all deserves a second chance at life for careless mistakes we have done. For the inmates that have grown and shown multiple gratitude of growth and remorse for there actions. For the inmates that have not just waisted there time doing nothing behind the walls of prison. For the inmates that have gotten there GED or diplomas. For the inmates that have gotten trades and learned how to accept and forgive! Giving these inmates a second chance of life is nothing short of a miracle for them to spend what may be some last days of family members that don’t have much longer on this earth. Nobody wants to find out that there mother or father or what’s been really going on there children don’t have long to live or has died while being incarcerated! I Nicole Spratley SUPPORT THIS BILL! BRING OUR DADS, MOMS, CHILDREN HOME FOR A SECOND CHANCE OF LIFE!!!
I Ms McCarthy accept this bill . Out love ones has been locked up for 15 plus years without getting in any trouble . I accept the second chance bill . Our love ones has learned and know how to be in society now . The second chance can give them the chance to be with their families , children’s, mother, father again . Our love ones deserve this second chance . God gave his life for us we can give a second chance to them .
This bill proposes to provide a second chance to individuals who may have been unjustly sentenced or have demonstrated significant growth, rehabilitation, and remorse during their time in prison. By allowing a review of cases and sentences, this bill offers an opportunity for justice to be served and for mistakes to be rectified. It acknowledges the potential for human error in our legal system and seeks to address any bias, systemic flaws, or excessive punishments that may have occurred. Moreover, this bill promotes the principles of compassion, fairness, and rehabilitation, recognizing that people have the capacity to change and reintegrate into society. By supporting a second look bill, we are advocating for a more compassionate and effective criminal justice system that prioritizes rehabilitation, redemption, and the potential for genuine transformation.
I Ms McCarthy accept this bill . Out love ones has been locked up for 15 plus years without getting in any trouble . I accept the second chance bill . Our love ones has learned and know how to be in society now . The second chance can give them the chance to be with their families , children’s, mother, father again . Our love ones deserve this second chance . God gave his life for us we can give a second chance to them .
I strongly urge the members of the Virginia Legislative Assembly to pass HB 834 Petition for modification of sentence; eligibility, procedures. The current state of prisons in Virginia is almost unworkable due to overcrowding and understaffing. This bill is one sensible and humane solution to that problem. Many of those currently incarcerated have served more than enough time for their crimes and have suffered harsh and unnecessarily long sentences that were enacted and imposed in the past more for political than rational reasons. As sentencing has changed and been modified over the years, those serving long sentences that have few to no charges while incarcerated and have taken advantage of all the programs offered in the prison system ought to be considered for release. Virginia’s budget cannot afford to keep locking up large numbers of people for long periods of time, especially when money is needed for education and healthcare. It would be far more practical to invest money in expanding re-entry programs and for providing more concrete support for those who have been released.
Please vote against HB834, which would allow even serial killers to be released after 15 years. As Petula Dvorak recently reported in the Washington Post, these second-look bills are very traumatic for victims of violent crimes and their survivors. Rape victims are forced to relive their trauma again and again in jurisdictions that have adopted second-look laws, even when those laws are less radical than HB834, which allows serial killers and serial rapists to be released. Survivors' anguish as a result of second-look laws is described in "This law makes her explain the trauma of her rape every few years" by Petula Dvorak (https://www.washingtonpost.com/dc-md-va/2024/01/25/this-law-makes-her-explain-trauma-her-rape-every-few-years/). As is explained in Curry's comments, it would increase the violent crime rate and harm public safety, too, because offenders released under "second look" laws have gone on to commit more violent crimes (and also because the Bureau of Justice Statistics says many inmates go on to commit more crimes after being released, even those released in their 40s and 50s) . As an article in the Washington Times points out, the factors the bill tells judges to consider about whether to release offenders are biased in favor of release, and don't even mention essential needs, like deterrence, even while listing every conceivable excuse a criminal defense lawyer would make for releasing an inmate. The bill doesn't even require a judge to issue a finding that "that the defendant is not a danger to the safety of any person or the community," unlike Washington, DC's second-look provision, which is less extreme because it only releases offenders who committed their crimes below age 25. This bill has also been criticized in the Daily Press ("Democratic bill would effectively cap criminal sentences"). Sentences should be proportional to the crime, but HB834 would allow even serial killers to be released after 15 years, which is too short. HB 834 does not list proportionality or retribution as factors in resentencing, even though the courts say these are valid factors in sentencing. HB834 should also be amended to exclude first degree murderers and murderers with second or successive convictions for second-degree murder, as the Senate second-look bill, SB427, does. HB834 would increase the violent crime rate, as is explained in an article at this link: https://archive.is/lT4CL .
I would like for the committee to consider the the bill on the table today. So many individuals incarcerated are far removed from the people they were 10, 5 ,20 years ago.
I support HB834.. I know circumstances change and growth is part of that transition. When “WE” know BETTER..”WE” can” DO” and CHANGE ..
I Crystal Casey am in support of this bill. This bill proposes to provide a second chance to individuals who may have been unjustly sentenced or have demonstrated significant growth, rehabilitation, and remorse during their time in prison. By allowing a review of cases and sentences, this bill offers an opportunity for justice to be served and for mistakes to be rectified. It acknowledges the potential for human error in our legal system and seeks to address any bias, systemic flaws, or excessive punishments that may have occurred. Moreover, this bill promotes the principles of compassion, fairness, and rehabilitation, recognizing that people have the capacity to change and reintegrate into society.
I fully support HB45 and HB834 and pray you all will as well. These bills are "Earned" NOT a get out of jail free card! There are inmates who get up everyday and work hard and participate in programs to help with their rehabilitation. My husband has been incarcerated 7 years. He is not the same 20 year old first time offender in the system. He's matured and shown his rehabilitation throughout the years. He's earned all his certificates, as well as a college certificate he will apply upon release, holds a job, a mentor to other offenders, attends the church sessions and now is just taken up space because it's nothing more VADOC can offer him. His "violent" crime is completed his remaining 3 years he can earn on is for nonviolent offenses. They’re several more like him. He’s taking accountability and has grown from this experience. The passing of these bills can be an example of inmates to come that with hard work and true dedication to bettering themselves that they deserve a second chance. And that there are people out here who look at them as more than just another number. Please support these bills. -Machay Middleton
My brother deserves a second chance.
Good Morning I'm writing my comment in regards to HB834 I strongly support this bill as a tax payer znx registered voter in the city of norfolk, I pray that the House will pass this bill because it will be one of the resolutions to end mass incarceration in the state of Virginia. Thank you.
Second Look isn't a get out of prison free card, it's hope. Life in prison is difficult enough, but without hope it's impossible. Many of those incarcerated were teenagers at the time of their crime and are not the same person today, just like you. Restore hope and give second look a try. Thank you
I'm writing on behalf of my husband who is currently incarcerated in the VADOC. He is serving 31 years for essentially stealing a cellphone from someone when he was 19 years old back in 2004. He was sentenced to a 31 year Robbery charge, even though he never assaulted the guy he took the phone from. He is not the same person he was at age 19. As a 41 year old man who has reformed himself, he deserves to come home to his family now. I'm begging for this Second Chance bill to pass so I can see him before I die from stage 4 cancer. His parents are old and sickly and would like to see him before they die. He deserves a second chance! He will not come out and commit any more crimes. He just wants to be a part of society. Please grant our family that relief!!!!! Thank you Respectfully, Jacquee O
Honorable Members of the Committee for Courts of Justice - Criminal , My name is Lillie Branch-Kennedy, Founder of the Virginia based nonprofit Resource Information Help for the Disadvantaged and the Disenfranchised (RIHD, INC) assisting people directly impacted, families and communities affected by Virginia's criminal legal system with restorative practices. Our goal for is for a more safer and equitable society. RIHD, INC supports bill HB834 Petition for modification of a sentence; eligibility; procedures that would allow courts to reevaluate and amend sentencing after incarcerated persons serve a determined amount of time in prison and no longer pose a risk to the community. Thank you in advance. Sincerely, Lillie Branch-Kennedy Founder Resource Information Help for the Disadvantaged and Disenfranchised RIHD, INC. 1720 Mechanicsville Turnpike Richmond, Virginia 23223 Tel: (804) 426-4426 Email: lillie@rihd.org Website: www.rihd.org
I fully support HB45 and HB834 and I hope you all will as well. Both bills are "Earned" NOT a get out of jail free card! Crimes are committed, lengthy times are given. Age plays a factor in change, with maturity. My now 41 year old husband who has been incarcerated 23 years with 6 remaining is not the same 19 year old first time offender in the system. He's grown and shown his rehabilitation throughout the years. He's earned all his certificates, recieved his GED as well as a college certificate he will apply upon release, holds a job, a mentor to other offenders and now is just taken up space because it's nothing more VADOC can offer him. His "violent" crime is completed his remaining 11 years he can earn on is for nonviolent offenses a double stack use of firearm arm charge which he was given 3 years each as well as 5 years for possession of controlled substance. The prisons are overcrowded severly with more entering the system daily so why hold them longer if they've proven change throughout their incarceration? those who are eligible have release dates regardless so what will a few earned years early hurt? Nothing. It will free up space and save taxpayers money!
Hello my name is Ursula Ward and I am writing the committee to inform you that I am in support of HB834 Petition for modification of a sentence; eligibility; procedures that would provide people an “earned” second chance. I feel that this bill is needed to allow those that have served a significant amount of time and have done the work to rehabilitate themselves to become a trust worthy member of society. I believe there a those who deserve to prove to society that they are not who they where when committed the crime that caused them to become incarcerated. Please consider my support when deciding on this bill. Thank you in advance for your consideration. Ursula Ward
Provide a path of redemption for those who are working to change their lives. Support HB 834 ,we All deserve a second chance Thank you
My name is Clyde Boykins III and I represent RIHD, Inc. and Rich MindZ Community and I support bill HB834 that would provide people an earned second chance. I am a product of this bill of getting a second chance. I served 27 years in DOC and came home a rehabilitated man.And though it’s been tough, I have not given up. I am thankful for my second chance and I am out here doing the work in the community trying to save our youth and young adults from making the same mistakes I made. I’ve had a hard time with some things, e.g., employment. They say they will give you a second chance, but they make it very hard especially for the people who just want to come home and relish in being comfortable after a hard and honest day of work. This bill inspired me to work with organization's such as RIHD, Inc. and I now have created my own non-profit organization Rich MindZ Community. I’m out here in the community making a difference everyday and I wouldn’t be here in front of you today if I had not been given that second chance.
I support HB45 and HB77 and HB834 because I am a firm believer that not all law codes pertain to the actual crime of the person but sometimes it is the law code that they have no choice but to sentence the individual under and in that case, people are over sentenced in our state. Prisons and jails in Virginia are over populated and this is one of the reasons. My husband has been incarcerated for 10 years and has had no chance to have any incentive to do better. When the bill HB45 was supposed to go through before the budget ammendment was put into effect, a bunch of human beings were let down, both incarcerated and the families as well. DOC had people have their hopes up and then the governor shot all that down. Home plans, medical was all initiated just to have all that ripped away. Then came all the lawsuits and there are still alot of them going on as we speak and will continue. There have been overdoses and deaths and all kinds of foul things going on since this. When we had covid drugs were still getting inside of prisons yet there were no contact visits for almost 2 years and there was still a drug problem inside all facilities so where were the drugs coming from at that point? We need to help these men and women in a positive manner and maybe give them some initiative to be better and prosper inside those walls. An inmate is just a number in the state of Virginia it seems and honestly they are not treated as well as it is seems but they are humans. The only difference between them and people of the free world is that THEY GOT CAUGHT and some didn't. I have so much more I could say but I believe in second chances and I believe when one is sentenced they get over sentenced due to the nature of the law code and that crime only falls under that said law code but that does not mean the crime committed was as it seems in the public eye. Thanks for your time and I pray these guys and gals will have some better initiative to look forward to in 2024.
From: Former Mayor / Councilman W Howard Myers City of Petersburg, To: the Honorable Members of the Courts of Justice - Criminal meeting, I pray that you will support Delegate Cousins Legislation HB834, as it provides a dynamic opportunity for those who have swayed from their path and have had to choose an alternative while seeking a better life. That amongst those who have diligently served during their time to rehabilitate, as well as educate themselves in the process of their incarceration, deserve a second chance to be evaluated and considered for release as a returning citizen. Where many supportive programs exist throughout the Commonwealth and have been successful in the transition of prior returning citizens mitigating recidivism; stands clear that there is a path to rehabilitation and a loving community welcoming a family and friend home to a better life. Honorable Members Courts of Justice - Criminal, I ask of your support and sensitivity to those who have lost their way, who now desire after their institutional journey. 15 years to reverse the cycle of a reminiscent time, can be rewarding by providing a doorway back home. Sincerely, Councilman W Howard Myers
Greetings, I wanted to provide a writing from my husband Talib. He has currently served 23yrs of a 53yr sentence. He work one morning this month and sent me this. Thank you for taking the time to review it. The Benefit of Hindsight Equitable Sentencing and the Second Look Legislation go hand in hand. With certain crimes it is difficult to quantify exactly what an adequate and sufficient sentence would be. Especially since we can't see into the future. Some crimes are heinous in themselves and demand a harsh sentence at the outset. Crimes such as murder, it is hard to lay down a concrete foundation as to an adequate punishment would be for murder, as every one is different. If the standard is "a life for a life" then the Death Penalty should be reinstated and used appropriately. In the case of exorbitantly long sentences then this goal of "a life for a life" is achieved in a number of ways. There is a saying: "In prison you die a thousand deaths." This is to say that as an inmate there are a thousand things that break you little by little. There are far more inmates who have nobody left, nobody to call, nobody to hope to see again. For many of them it's just that people stopped answering the phone for them after too many years have gone by. It takes a rare type of fortitude on the behalf of a prisoners family and loved ones to be able to hold on to hope and be able to provide it as well. Many people can't handle that and find it easier to move on without a word. I can only speak for myself but I am positive that many would agree with my stance, as there are many people in my position right now. I would say that if the goal of my sentence in fact was to exact a "life for a life", the goal has been met. After serving 23 years, that impulsive, angry, uneducated kid and hopeless kid that came in here is long dead. He has been replaced by a man of Substance, Fortitude and Hope. I will say that it took about 10 years or so for me to come to the conclusion that something needed to change. And it took me a few more years to realize that what needed to change was ME. I had to change my entire world view and examine my place in it. It took me a few more years develop an affective plan to set my affairs in order and become the man I am today. I am now a Man with a lot to offer, firstly I have a household to take care of. Then I have a wealth of skills to offer the workforce and a vast vault of knowledge and experience that should not be locked away to be lost, it should be used to aid others. My aim is to ensure that the life that I took has meaning and at least a portion of the potential good that he may have given the world is restored. My story is unique in it's own right (as is everyone's) but not uncommon. With the benefit of hindsight, I believe that at the outset of my crime the sentence that was handed down to the kid who committed that crime was appropriate. But now 23 years later, that kid (and all his hangups and issues) are long resolved and gone. The Circumstances have changed, now a new person sits in his place. A Second Look would serve justice and a new Sentence would serve as Equitable. Talib
Please give our loved ones especially my son a chance to have his sentence modified give his sentence a sentence look please past his bill for my mother's sake she's 86 years old her son has 18 years left put them on parole for the rest of his sentence.
Please vote NO on HB834. As Petula Dvorak recently reported in the Washington Post, these second-look bills are terribly traumatic for victims of violent crimes and their survivors. Rape victims are forced to relive their trauma again and again in places that have adopted second-look laws, even when those laws are less radical than HB834. Ms. Dvorak chronicles such survivors' pain as a result of a second-look law in "This law makes her explain the trauma of her rape every few years ." (https://www.washingtonpost.com/dc-md-va/2024/01/25/this-law-makes-her-explain-trauma-her-rape-every-few-years/). As Clegg and Curry point out in their comments about this bill, it would increase the violent crime rate and harm public safety, too, since offenders released under "second look" laws have gone on to commit more violent crimes. The criteria the bill tells judges to consider about whether to release offenders are biased in favor of release, and don't even mention essential needs, like deterrence. The bill doesn't even require a judge to reach a firm conclusion that "that the defendant is not a danger to the safety of any person or the community," unlike Washington, DC's second-look ordinance.
I support this bill and implore you to as well. " America is the land of the second chance - and when the gates of the prison open, the path ahead should lead to a better life" Quote from George W Bush! It is way past time to bring Virginia to a place that honors and embraces Second Chances, by giving those who have earned it, SECOND LOOK. Those who worked hard to improve themselves and become better human beings while paying their debt to society are asking for the chance to show their improvements and be considered for an earlier release from prison. It's really simple when you think about it, we should WANT those who meet and excel in the standards outlined in their rehabilitation to be reviewed and considered for possible early release. This is not a guarantee, it is a CHANCE. This country was built on that principle!
Dear Senator Kaine, I extend my sincere gratitude for considering my story. It is crucial for me to convey the depth of remorse and responsibility I feel for the actions that led to my incarceration. I am Andre gaddie , and I want to express, with utmost sincerity, that my plea for assistance in no way diminishes the acknowledgment of the profound impact my choices had on others' lives. In 2007 at the age of 17 I found myself entangled in a gang ,mob that resulted in significant legal consequences. . Despite the severity of my actions, I am compelled to emphasize that I take full accountability for the pain inflicted, recognizing the destruction caused that fateful night. As I serve a 58 year sentence, it is important for you to understand that my plea is not a plea for innocence but a plea for a chance at redemption and a second lease on life. I acknowledge the enormity of my wrongs, and I am acutely aware of the suffering endured by those affected. Throughout my 18+ years of incarceration, I have committed myself to personal transformation. I have actively participated in numerous rehabilitation programs and educational initiatives, culminating in the attainment of my GED and ministry licenses. Also generating a llc for a new life for gang members to educate them and properly share life stores and guidance .I have maintained an impeccable record, remaining infraction-free for the past 16 years. Prison, in an unexpected twist, became a catalyst for positive change in my life. It provided me with an opportunity to reflect, learn, and grow. I do not take lightly the gravity of my past actions, but I firmly believe that every individual deserves a chance at redemption and renewal. At the age of 35 I stand before you as a changed man, yearning for the prospect of reintegration into society as a productive citizen. My journey within the prison system has been marked by stability, employment, and various achievements, all indicative of my commitment to rehabilitation. I implore you, Senator Kaine, to consider supporting my plea for freedom and a second chance. I understand the complexities surrounding my case, but I believe in the transformative power of genuine remorse and sustained positive change. Your advocacy could be instrumental in affording me the opportunity to contribute meaningfully to society once again and be with my wife and my child that I took on in this journey of life .Thank you for your time, and I earnestly hope to hear from you soon. Sincerely, Andre Gaddie Greensville correctional
I vote yes for the second chance!!!
Correction on bill number in previous comment HB834. VOTE YES to HB834.
My husband was sentenced to 38 active years after 35 of a 73 yr sentence was handed down as a 1st time offender. He has served 24 of those years with 19 infraction free. He started at a level 5/6 and worked his way down to a level 1 camp (although he had technically been classified a level one since 2004) he was unable to transition to one due to the amount of time and the VADOC policy. He has rehabilitated himself by getting his GED, taking college courses and getting certifications. He has a stable and solid home plan. He wants to mentor other young men to prevent them from going down the same path that leads to prison. He is very well respected by the administration and he's earned his second chance. I fully support this bill and believe that if given the opportunity to come home, he would be a great asset to the community. As data has shown lengthy prison sentences does not make the public safer and only does more harm. Vote YES to HB427
Our Prisons are filled with people who are over sentenced costing the State of Virginia as much as $50K per person per year—10x what we spend per pupil. Many have aged out of crime. One in seven people in Virginia prisons, 4,193 individuals, is serving a life sentence or a virtual life sentence. Since the 1970s, this number has increased by more than 90 percent. Currently, Virginia is ranked 13th for the number of people serving a life sentence. Everyone deserves a Second Chance, everyone deserves a Second Look. Please pass HB834.
Hello I'm on behalf of my fiance who has in the prison system of Virginia for over 20 years for a crime he did not comitt. Imagine how you would feel if you was found guilty of a crime you didn't comitt and have your life taken from you. He has been living in this nightmare all this time. He is not the man that a jury and others made him out to be. This man will help anyone that truly needs. He doesn't like to see anyone struggle. It a just awful that young men get the finger pointed at them for something that they pleaded with people they didn't do it . Only to be put in jail and left there . Deep in my heart I feel the city of Roanoke and Virginia failed him. Instead of proving he was innocent . They led people to believe he was guilty..He has gone up for review to be turned down. This man deserves to be free and live what life he has life as a free man. He had missed out on time sixth family, the possibility of having kids, and just enjoying the little things in life we take for granted. I really hope that this bill gets put into effect because there is a lot of men and women who deserves a second chance at life. In my fiances cases he should have never been convicted in the first place..Thank you
I oppose HB834 for the reasons given in opposition to the bill in the article, "Virginia bill would allow even serial killers to be released after 15 years," which is available at this link, https://archive.is/lT4CL . As explained there, HB834 would likely increase the crime rate.
I support the second Look. There are criteria that persons have to qualify in order to ask for another chance. They have to prove they have rehabilitated themselves . There are too many people incarcerated that deserve a second chance. I know first hand there are people locked up at barely 17 could not read nor write has spent 25 1/2 years and in that time has earned a GED, over 20 certifications, in their last semester in college, has held a job , and has had no major infractions while there. There are people that are just like this one and they all deserve a chance to be productive tax paying members of society. The money that is used for the people incarcerated could be used for schools. Please support this bill
I support HB834, my loved one has been incarcerated for over 20 years, he deserves a second chance to become a model citizen, he has taken so many self help programs wants to come home and do what is right for himself, his family and his community. He was only 19 when he was sentenced to life he is now 43 and has grown from the boy he was then to the man he is now. I think that everyone deserves the chance to show he/she has changed. I understand that not everyone deserves this chance, and that there should be stipulations in place for the ones that go up for a second chance but everyone should be able to be considered for that chance.
This bill would help my Loved One that is committed to his rehabilitation. He has completed the classes that he is able to and would like to do more but because of his excessive time can not prove further that he has been rehabilitated. When he was 18 now 35, what he did was wrong and he understands what it means to love and to bring peace into a situation. Please support this bill.
HB834 is a bad idea, as the public comments of Curry have already pointed out. But HB 834 would be OK if those released under it were limited to drug offenders. As it is written now, though, its passage would make the public less safe.
I object to HB 834 as explained in my earlier comment, which I am correcting to fix a typo. HB 834 is based on mistaken premises about recidivism rates and what sentences are extreme. It would allow any prison inmate -- even serial killers and mass bombers -- to seek release after 15 years by filing a petition. Supporters of the bill claim that the bill is about fixing "extreme" sentences. But there is nothing "extreme" about giving a premeditated murderer a sentence that exceeds 15 years -- much less a serial killer! If a court sentenced a serial killer to life, then the serial killer should serve life. The senate has a second look bill, SB 427, but unlike HB 834, it excludes premeditated murderers and inmates with multiple convictions for second degree murder. Why doesn't HB 834? It should! The lobbyists pushing second-look legislation make false claims about inmates' recidivism rates after being released. As criminal-justice expert Rafael Mangual of the Manhattan Institute pointed out in response to a lobbyist for this bill, "As you can see from this BJS recidivism report, nearly 80% of offenders aged 40-54 are rearrested at least once after their release from prison. For those aged 55-64, that number is 56.1%, and 40.1% for those aged 65 and over." See https://twitter.com/Rafa_Mangual/status/1747647647932887436 . Inmate recidivism rates are substantial, even after they have served 10 or 15 years in prison, so they remain dangerous. 57.5% of federal inmates imprisoned for violence for ten years or more were arrested yet again after being released. (See U.S. Sentencing Commission, Recidivism of Federal Violent Offenders Released in 2010, pg. 33 (Feb. 2022)). The fact that a judge gives an inmate a "second look" and lets them out doesn't mean they won't reoffend. Washington, DC's second look law requires a finding that the inmate being released is not a danger to public safety, but many of the inmates released under it (most of whom are murderers) have been arrested again after being released. The Daily Caller reports that 20% of those released under Washington, DC's second look law had been arrested in the short time after their release. See James Lynch, "Man Who Raped 3 Women And Forced Victims To Dig Their Own Graves Seeks Early Prison Release Under DC Law," Daily Caller, February 1, 2023 (stating that "The law has led to 135 defendants being released early, of whom 28 have been rearrested") (available at https://dailycaller.com/2023/02/01/sexual-assault-three-women-early-release-washington-dc/). Simply because someone is middle aged due to serving 15 years in prison does not keep them from being dangerous. Many notorious serial killers were still active in their 50s, like Peter Tobin and John Reginald Christie. Serial killer Albert Fish started killing at age 54, and Dorothea Puente started at age 53. Some murderers keep killing as seniors. At the age of 76, Albert Flick killed a woman, stabbing her at least 11 times while her twin sons watched. He had previously been imprisoned from 1979 to 2004 for killing his wife by stabbing her repeatedly in front of her daughter. Marceline Harvey was arrested for killing again at age 83, after two prior convictions in New York. Harvey was arrested after previously spending three decades in prison for killing one girlfriend, and before that, spending 20 years in prison for killing an earlier girlfriend. Twice, Harvey had been paroled and released after deliberately murdering a woman.
There are too many Virginians serving excessive sentences and this does not make us safer. People languish in prison for decades, regardless of how they change or grow, because our laws don’t give them a second chance. Extreme sentences devastate families and communities, but they hit communities of color the hardest. This bill will give people an opportunity to have their sentences reviewed and if they are found to have successfully rehabilitated themselves. When I think of excessive sentencing in Virginia, I think of my friend who was 19 years old. Also, he was living in poverty and being raised by a single mother with substance abuse. He got sentenced for 51 years for a crime where no one was hurt. He has been in prison since 2004 and has completed his GED, several programs, and has even been a teacher within the prison. He has been charge free for several years and currently resides in the honor pod. He is also a father to a daughter who is now grown. This bill would give him hope. We need hope behind bars. It will give individuals an incentive to rehabilitate which will directly make our prisons safer for both people behind bars and staff. As a victim of sexual assault and and domestic violence, I believe in redemption and second chances. Also, this bill still includes the victims in the process. I recognize there are people who re-offend, however we cannot put everyone in a box. We cannot punish ALL for the poor decisions of a few. It is not safe nor humane to keep individuals locked in cages for decades and decades without giving them an opportunity for redemption. Most importantly, this can reunite families and community members. VA needs a second look for ALL! Please support HB834/SB427.
I object to HB 834 because it is based on mistaken premises about recidivism rates and what sentences are extreme. It would allow any prison inmate -- even serial killers and mass bombers -- to seek release after 15 years by filing a petition. Supporters of the bill claim that the bill is about fixing "extreme" sentences. But there is nothing "extreme" about giving a premeditated murderer a sentence that exceeds 15 years -- much less a serial killer! If a court sentenced a serial killer to life, then the serial killer should serve life. The senate has a second look bill, SB 827, but unlike HB 834, it excludes premeditated murderers and inmates with multiple convictions for second degree murder. Why doesn't HB 834? It should! The lobbyists pushing second-look legislation make false claims about inmates' recidivism rates after being released. As criminal-justice expert Rafael Mangual of the Manhattan Institute pointed out in response to a lobbyist for this bill, "As you can see from this BJS recidivism report, nearly 80% of offenders aged 40-54 are rearrested at least once after their release from prison. For those aged 55-64, that number is 56.1%, and 40.1% for those aged 65 and over." See https://twitter.com/Rafa_Mangual/status/1747647647932887436 . Inmate recidivism rates are substantial, even after they have served 10 or 15 years in prison, so they remain dangerous. 57.5% of federal inmates imprisoned for violence for ten years or more were arrested yet again after being released. (See U.S. Sentencing Commission, Recidivism of Federal Violent Offenders Released in 2010, pg. 33 (Feb. 2022)). The fact that a judge gives an inmate a "second look" and lets them out doesn't mean they won't reoffend. Washington, DC's second look law requires a finding that the inmate being released is not a danger to public safety, but many of the inmates released under it (most of whom are murderers) have been arrested again after being released. The Daily Caller reported that 20% of those released under Washington, DC's second look law had been arrested in the short time after their release. See James Lynch, "Man Who Raped 3 Women And Forced Victims To Dig Their Own Graves Seeks Early Prison Release Under DC Law," Daily Caller, February 1, 2023 (stating that "The law has led to 135 defendants being released early, of whom 28 have been rearrested") (available at https://dailycaller.com/2023/02/01/sexual-assault-three-women-early-release-washington-dc/). Simply because someone is middle aged due to serving 15 years in prison does not keep them from being dangerous. Many notorious serial killers were still active in their 50s, like Peter Tobin and John Reginald Christie. Serial killer Albert Fish started killing at age 54, and Dorothea Puente started at age 53. Some murderers keep killing as senior citizens. At the age of 76, Albert Flick killed a woman, stabbing her at least 11 times while her twin sons watched. He had previously been imprisoned from 1979 to 2004 for killing his wife by stabbing her repeatedly in front of her daughter. Marceline Harvey was arrested for killing again at age 83, after two prior convictions in New York. Harvey, who gender-transitioned after being released from prison, was arrested after previously spending three decades in prison for killing one girlfriend, and before that, spending 20 years in prison for killing an earlier girlfriend. Twice, Harvey had been paroled and released after deliberately murdering a woman.
I want to express my support for sentence modification. On behalf of my family, we have waited 22 years for the opportunity to see our loved one grow and be released from the Virginia Department of Corrections. Yes, he committed a crime. Yes, he absolutely needed time to reflect on his shortcomings and modify his behaviors. Did he need 88 years to accomplish that needed growth and change? Absolutely not. Our loved one didn't murder anyone. But he has seen murderers come and go in his time in the Virginia Department of Corrections, waiting for his turn to go home. Our loved one never raped anyone or held anyone hostage. Our loved one never tortured or maimed anyone. But he has seen rapists and pedophiles come and go in and out of the Virginia Department of Corrections, but he still waits for his turn to go home. He completed everything the DOC and the state asked him to do in order to earn his release. A release that he still sits and waits for. He has learned numerous trades and certifications that our community so desperately needs, but will never see the benefit of because, by the time of our loved one's release, if he lives that long, he will be elderly and unable to use those skills our community needs. He has gained so much wisdom and experience that could help change others before they go into the system. Those others will be lost because our loved one still sits and waits for his turn to go home. I won't give this testimony to diminish his crime. But as I sit here, I really must ask, Who is the real criminal here? It started off as our loved one, but he isn't the criminal now. Our loved one worked so hard for just a chance to be better and do better, and now he is being robbed of that chance by the Virginia Department of Corrections and the State. He is no longer that 21-year-old boy looking for an adrenalin rush. He is a grown man who is getting tired and is wasting away in a broken system. He has a home with a wife. His children have grown and now he has grandchildren. He still has living parents, and they need him so much. He has a support system that most could only dream of post-release, but he more than likely will never see any of it without passing HB 834 into law. I am once again gonna say that yes, he did the crime, and he had to do time for it. But 88 years for getting handed a credit card and keys for a joy ride for a few hours is the crime now. Our loved one's continued incarceration is now punishing us by not releasing him. We did nothing wrong. So if we can't have parole, at least give us the chance for sentence modification. It's the only chance we have for our family to finally be at peace and move on. We have to pass HB 834 into law.
I oppose this bill.