I oppose this bill. This is who you want to eliminate mandatory minimum sentencing for? "🔹 Violent and sexual offenses Rape and related sexual assault statutes (including forcible sodomy and object sexual penetration) Certain violent felony offenses such as manslaughter Assaulting law-enforcement officers in some cases Repeat violent felonies (where current law adds additional mandatory minimum terms) 🔹 Sex-related offenses involving children Production, distribution, and some possession of child pornography offenses 🔹 Firearms and other weapon-related mandatory minimums Mandatory minimum terms tied to using a firearm in the commission of a felony and similar weapon provisions 🔹 DUI and traffic-related provisions Mandatory minimum jail terms for certain DUI offenses (including some repeat DUI provisions)" Mandatory minimum sentencing was put in place for a reason. Leaving sentencing completely open to the whims of a judge are dangerous as it destroys uniformity in sentencing, opens up the potential for implicit bias, it removes a guarantee of serious consequences, and it removes a safeguard against overly lenient sentencing.

HB 863 recognizes a fundamental truth: long-term incarceration should include meaningful incentives for rehabilitation and lawful behavior. This bill strengthens public safety by aligning sentencing outcomes with demonstrated growth, accountability, and reduced risk. Rather than relying on blanket rules, HB 863 supports individualized assessment—ensuring that those who have taken responsibility, completed programming, and maintained sustained good conduct can be appropriately reviewed under the law. This approach benefits everyone. It promotes safer institutions, encourages rehabilitation, and allows Virginia to focus resources where they are most needed—while maintaining safeguards and oversight. HB 863 is not about leniency; it is about smart justice. It reinforces responsibility, respects victims, and advances outcomes that are proven to reduce recidivism. I urge the committee to move HB 863 forward.”

I'm writing on behalf of my brother Jimmy Baggett who is serving an 83 year NEW law sentence in Virginia for bank robberies he committed in 2003 (with only a note), while high on crack cocaine. During his over two decades of incarceration my brother has continually shown remorse for the crimes he committed and the impact his decisions had on the people he robbed ,his family, and his self. He has worked tirelessly to address the underlying issues of his addiction, has remained infraction free,written 2 books,a program that helps others, has worked 16 plus years for Virginia Correctional Enterprises, and is now at Beaumont Correctional Center where he has earned the privilege of an outside job in the Silk Screen shop for VCE. Jimmy has a very large loving family and support network who will be there to support him upon his release. He has a home with my husband and I in the house we own in Hampton, VA My brother like so many others like him deserve a chance at redemption... one which he has proven over his 20 plus years of incarceration . He did not want it given to him, but instead has proven he wanted to earn it by his hard work and relentless effort to change. I am asking you to help my family bring my brother home. I am asking for a Second Look for my brother Jimmy Baggett. Thank you for your time and consideration on The Second Look Bill. Sincerely, Marcia Goode l

This proposed legislation critically addresses the inherent limitations of rigid, one-size-fits-all mandatory minimum sentencing guidelines, which frequently impede the judiciary’s capacity to render judgments that account for the unique intricacies, personal histories, and precise levels of culpability present in individual cases. By advocating for the judicious elimination of these inflexible minimum prison terms, House Bill 863 seeks to re-empower our seasoned judicial officers. This reform would enable them to meticulously craft sentencing outcomes that are not only proportionate to the gravity of the offense but also sensitively reflective of the specific circumstances surrounding each individual appearing before the court, all while operating firmly within established legal sentencing parameters. This progressive initiative should not be misconstrued as an attempt to diminish accountability. On the contrary, it represents a strategic advancement towards ensuring truly individualized justice, alleviating the pervasive issue of prison overcrowding, and intelligently redirecting invaluable resources toward programs and interventions that demonstrably yield the greatest impact on both public safety and successful rehabilitation. House Bill 863 is poised to fortify our Commonwealth by placing greater trust in the invaluable expertise of our judiciary, thereby cultivating a smarter, more equitable, and ultimately more effective sentencing system for all Virginians. I strongly support house bill 863.

I am in full support of both HB 853 and HB 863. HB 853 is incredibly impactful for incarcerated individuals and their loved ones, as it offers hope that demonstrated rehabilitation and good behavior while incarcerated can lead to a meaningful opportunity for sentence review. HB 853 does not guarantee release—it simply restores judicial discretion and ensures that rehabilitation and personal growth are given appropriate weight. HB 863 further promotes fairness by allowing judges to tailor sentences based on individual circumstances, ensuring that justice is balanced, thoughtful, and proportional. Together, these bills reflect a more humane, evidence-based approach to public safety and sentencing.

I am in full support of both HB 853 and HB 863. HB 853 is incredibly impactful for incarcerated individuals and their loved ones, as it offers hope that demonstrated rehabilitation and good behavior while incarcerated can lead to a meaningful opportunity for sentence review. The bill recognizes that people can grow, change, and take responsibility over time, and it allows courts to consider whether a sentence should be modified or run concurrently based on that progress. Long-serving incarcerated individuals who have consistently shown positive behavior, participated in educational or vocational programs, and demonstrated genuine rehabilitation deserve the opportunity for judicial review. HB 853 does not guarantee release—it simply restores judicial discretion and ensures that rehabilitation and personal growth are given appropriate weight. HB 863 further promotes fairness by allowing judges to tailor sentences based on individual circumstances, ensuring that justice is balanced, thoughtful, and proportional. Together, these bills reflect a more humane, evidence-based approach to public safety and sentencing. These are meaningful steps forward for Virginia and represent progress toward a system that values accountability, rehabilitation, and fairness. I strongly support both bills and urge their passage.

I strongly support SB634, HB361, HB26, and HB853. These bills are critically important because they provide retroactive relief, offering meaningful opportunities for those who are newly convicted or recently incarcerated. By allowing past sentences to be reconsidered under updated, fairer standards, these bills promote justice, rehabilitation, and hope for individuals striving to rebuild their lives. Passing these measures will not only benefit those directly affected but also strengthen our communities by encouraging positive reintegration and reducing unnecessary long-term incarceration. I urge the General Assembly to pass these bills promptly. Thank you for considering this crucial step toward fairness and justice.

Good Afternoon, the House Of Delegate member of the 79th District, Rae C. Cousin on behalf of the Valley Justice Coalition and other Virginia organizations and statewide organizations, can you support two Bills? The Petition of Modification of Sentences "Second Look Act" (HB853) and Offenses Elimination of Manatory Minimums (HB863). These Bills will provide positive opportunities for re-entry for individuals involved in the Criminal Justice System for them and their families. Please, implement, thank you, Ms Stover

I am a member of the Valley Justice Coalition and we strongly support this bill. Only the judge, seeing all the evidence is in a position to make a just decision. With the facts and the person before him, a more accurate judgement would be made. The judgement to give a lesser, or even a longer sentence should be in the hands of the judge. There is no equitable standard size sentence, every situation is unique. Please. Vote YES in support of HB863 Offenses, elimination of Mandatory Minimums. Eliminate ALL Mandatory Minimums. Thank you.

Absolutely despicable. Getting rid of mandatory minimum sentencing for rape, assault on LE, and CHILD PORNAGRAPHY. You have to be joking. Vote NO!!!!!

I am a resident of Arlington, VA (22203), and I am writing to you today to share my support of criminal justice reforms for the Commonwealth of Virginia I know that the Virginia General Assembly has been working on these issues and made substantial progress in recent years, only to see the legislation vetoed by our previous conservative governor. However, November’s elections brought a hopeful change to the Commonwealth. It is my hope that beginning this year that progressive change can become a reality in the Commonwealth. Mass incarceration is a particularly significant problem in Virginia. According to data compiled by the Vera Institute of Justice, in 2015 Virginia had locked up almost 60,000 people, an increase of nearly 300% since 1983.  Virginia ranked first among Southeast states in jail population per capita and third in prison population per capita. One of the major drivers of mass incarceration has been the rise of laws requiring mandatory minimum sentences, which became popular beginning in the latter part of the twentieth century.  Originally touted as a tool to deter serious crime and eliminate sentencing disparities, mandatory minimum sentences have had no measurable impact on deterrence and have coincided with the mass incarceration of American citizens. For that reason, many states are doing away with mandatory minimum laws, particularly for non-violent offenses and drug offenses.  The Commonwealth of Virginia should do the same.  HB 863, ending mandatory minimums, is an important first step in addressing the issue of mass incarceration in the Commonwealth of Virginia. It will begin to reduce the number of non-violent offenders behind bars and contend with the inequalities in our criminal justice system. The additional criminal justice reforms I support are HB 637 (Eliminate the Felony Charge for Possession of Drug Residue), SB 23 (Ban Fourth Amendment Plea Waivers); HB426 and SB 335 (Protect People with Intellectual and Developmental Disabilities (and Mental Health Disorders); HB 331 (Deferred Dismissal Should Not Depend on Payment of Costs); HB 1070 (Eliminate the Prejudicial Use of Prior Convictions at Trial), HB 245 (Preserve Access to Diversion), SB 24 and HB 118 (Fix Criminal Discovery) HB 127, SB 112, HB 1084, SB 480, HB 933, and SB 382 (Pretrial Reform); HB 489 (Ensure Confidentiality of Restorative Justice Practices); and HB 853 (Remedy for Extreme Sentencing: Second Look). In addition, I believe the should address the dangerous proliferation of mass surveillance, the way our criminal justice system addresses mental health, access to mental health services for incarcerated individuals, pay parity for public defenders, and reducing burdensome fines and fees. Now, I understand that is a lot of work — but the citizens of this Commonwealth deserve a criminal justice system that serves them, not corporations. In addition, our criminal justice system should focus on corrections over punishments, allowing offenders to make amends for their offenses and return to be productive members of society whenever possible. I urge you to support and promptly pass HB 863 and the other criminal justice reforms listed above during this legislative session.

I would like to express my support for HB 863. I’m a gym minister at the Chesapeake city jail and I’m also a volunteer at Onesimus House Ministries in Chesapeake Virginia. This halfway house is one of the few halfway houses in the state of Virginia that house is sex offenders. I’ve also spent 12 years in prison ministry at Saint Brides Correctional facility and Indian Creek Correctional facility. Through the years I’ve seen so many people who were unjustly sentence because of mandatory minimums for crimes that did not fit the scenario or their situation and do not represent good jurisprudence at all. Eliminating mandatory minimums as outlined in this bill allows a judge to have due discretion and to analyze the situation, which is often very complex, so that the proper sentence may be imposed on somebody found guilty of a specific crime, by trial of law. By supporting this bill, it doesn’t condone crime at all, however, it does promote justice. It allows, smart judges to use smart discretion when they develop sentences based on the role of law that are fitting for the individual and the crime, and not restrained by steer and unnecessary mandatory minimums for many of the crimes imposed. Our prisons are full of people serving mandatory minimums, and the restitution that they’re paying, is punitive for the sake of being punitive, does no good for society, and would not be imposed if a sentencing judge had discretion unrestrained by mandatory minimums. The mandatory minimums that they must endure do not make the world a safer place or our society one that is progressing into a safe society. Eliminate mandatory minimums now as outlined in the proposed bill by Delegate Rae Cousins. Thank you very much

I oppose this dangerous bill because it puts more people in harm’s way. This is one of the numerous examples democrats keep showing that they side with the criminals instead of the victims. Democrats have proven every time they promote reckless policies that do not work and the law abiding citizens suffer from it all. Democrats believe in defunding the police, restored justice practices, bailouts, smash and grab, lower sentencing guidelines, erase crime records, blame others, more excuses for and more. Why are Democrats still endangering society?

I am a sworn law enforcement officer in the Commonwealth of Virginia with nearly eighteen years of experience serving and protecting our communities. I respectfully submit this testimony in opposition to House Bill 863 because its proposed elimination of mandatory minimum sentences for a wide range of violent offenses—including assault on law enforcement officers, rape, manslaughter, and child exploitation crimes—would weaken public safety, undermine the rule of law, and erode the deterrent effect of our criminal justice system. Mandatory minimum sentences have long served a foundational role in Virginia’s criminal code by establishing a guaranteed baseline of punishment for the most serious and predatory crimes. These statutory minimums ensure that individuals who commit violent offenses face predictable, substantial consequences, irrespective of local prosecutorial discretion or sentencing variability. Removing these minimums would allow offenders to receive significantly lighter sentences for violent conduct that devastates victims and families, diminishes community safety, and shows blatant disregard for the vulnerable. Assaulting a law enforcement officer is not a low-level offense; it is an attack on the rule of law itself. Officers perform duties that protect the public, often placing themselves at personal risk. Mandatory minimum sentences provide a clear, unequivocal message that attacks on those who enforce the law will be met with serious consequences. Eliminating these statutory benchmarks will reduce the certainty of punishment, embolden offenders, and weaken incentives for lawful behavior. HB 863 would also remove mandatory minimums for other violent crimes such as rape, manslaughter, and certain repeat violent felonies. These are serious offenses that devastate victims and communities. While every case has unique circumstances, mandatory minimums prevent undue leniency in cases where egregious conduct merits a baseline period of confinement, regardless of mitigating factors. The deterrent effect of mandatory minimums cannot be understated. Predictable consequences shape offender behavior and assist prosecutors and law enforcement in plea negotiations, charging decisions, and long-term case resolution. Eliminating these statutory floors will reduce predictability and incentivize those predisposed to violence to gamble on lesser sentences. This is especially troubling for repeat violent offenders and crimes posing intrinsic danger to life and bodily integrity. Public confidence in the criminal justice system depends on the perception that serious crimes will be met with serious consequences. Removing mandatory minimum sentences for violent offenses will create perceptions of a weakened justice system, erode trust among victims and families, and leave law enforcement officers vulnerable to repeated attacks with less assurance of consistent punishment. For these reasons, I respectfully urge the members of this committee to oppose House Bill 863 and to preserve mandatory minimum sentencing provisions for assault on law enforcement and other violent crimes, which are essential to maintaining public safety, upholding the rule of law, and ensuring that offenders are held appropriately accountable for their actions.