Public Comments for 01/19/2022 Courts of Justice - Criminal
HB265 - Multi-jurisdiction grand jury; investigation of elder abuse crimes.
Good afternoon, Mr. Chairman, and committee members: Thank you for the opportunity to comment on HB 16 and thank you, Delegate Fowler, for your work updating our state’s Safe Haven law. We, Virginia is for Children (an advocacy group for the lives of vulnerable children in our state), are following the Safe Haven law efforts and are fully supportive of the extension to thirty days of age for infant relinquishment. This is a reasonable, standard amount of time for a mom/parent to conclude that they cannot parent their baby OR, change their mind and decide they can parent their baby. Such a significant, life-altering decision does not need to be rushed or hurried. We know that moms who have just given birth, especially those who are alone, need time to recover physically and emotionally. Moms can experience postpartum depression after the birth of child, this typically occurs within the first 1-3 weeks after birth, parents can be in desperate situations- experiencing homelessness, abuse, addiction and need time to get help. Twenty-one states are now at thirty days for age of relinquishment. Utah just extended their law to thirty days in February, 2020 and approved funding for safe haven law awareness. Extending this law can potentially save more infants from abuse, neglect, and abandonment and give parents the time they need to make important decisions. We hope the committee will approve the extension and consider providing state funding for safe haven law awareness and promotion of safe haven locations or “safe baby sites”. Not enough parents are informed about the law’s existence and the process involved. Our group is especially interested in a state funded, DSS promoted, 24-hour confidential, crisis hotline that would provide intervention and support for women in crisis pregnancies and struggling parents, so that they can get the help they need to parent their baby. Thank you, Mr. Chairman, and committee members for your time and for the opportunity to voice our support of this bill. Sincerely, Leah Kipley VA is for Children
HB350 - Threats and harassment of certain officials and property; venue.
I do not support any bills that criminalize folks
Good afternoon, Mr. Chairman, and committee members: Thank you for the opportunity to comment on HB 16 and thank you, Delegate Fowler, for your work updating our state’s Safe Haven law. We, Virginia is for Children (an advocacy group for the lives of vulnerable children in our state), are following the Safe Haven law efforts and are fully supportive of the extension to thirty days of age for infant relinquishment. This is a reasonable, standard amount of time for a mom/parent to conclude that they cannot parent their baby OR, change their mind and decide they can parent their baby. Such a significant, life-altering decision does not need to be rushed or hurried. We know that moms who have just given birth, especially those who are alone, need time to recover physically and emotionally. Moms can experience postpartum depression after the birth of child, this typically occurs within the first 1-3 weeks after birth, parents can be in desperate situations- experiencing homelessness, abuse, addiction and need time to get help. Twenty-one states are now at thirty days for age of relinquishment. Utah just extended their law to thirty days in February, 2020 and approved funding for safe haven law awareness. Extending this law can potentially save more infants from abuse, neglect, and abandonment and give parents the time they need to make important decisions. We hope the committee will approve the extension and consider providing state funding for safe haven law awareness and promotion of safe haven locations or “safe baby sites”. Not enough parents are informed about the law’s existence and the process involved. Our group is especially interested in a state funded, DSS promoted, 24-hour confidential, crisis hotline that would provide intervention and support for women in crisis pregnancies and struggling parents, so that they can get the help they need to parent their baby. Thank you, Mr. Chairman, and committee members for your time and for the opportunity to voice our support of this bill. Sincerely, Leah Kipley VA is for Children
HB369 - Court appearance of a person not free on bail; changes to provisions regarding bail hearings, etc.
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. For the last few years I have been volunteering with the Legal Aid Justice Center observing the first appearances of people arrested, often for minor offenses, and have observed first hand how this often has a negative effect on the county, city and families of the arrested person. As you probably know, in Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention. HB 369 would also make the overall system more efficient by reducing the number of court appearances and providing an advocate to facilitate interactions with the accused. This also reduces the costs of providing pre-trial detention for minor offenses, saving our communities money as well as providing stability to families most often at-risk. Counsel at First Appearance is working in a variety of localities around the state and many jurisdictions will be able to implement it at little or no added cost. Sincerely, Michael Carron 16 Bayberry Ln Williamsburg, VA 23185-3406
I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. Prior to Covid, I spent several years visiting the Virginia Peninsula Regional Jail weekly for a Bible Study program with female inmates. There I saw women, many with children at home, languishing in jail. In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Few rights are as fundamentally American as the accused’s right to counsel when facing the awesome power of the government. I urge you to support HB 369.
Please vote in favor of HB 369, that will provide Counsel at First Appearance. COUNSEL AT FIRST APPEARANCE IS CRITICAL! In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. Once they appear in court, they are forced to navaigate at very complex legal system without a lawyer. This is a true injustice so providing a lawyer during a first appearance before a judge and at their bond hearing will remedy this. Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention - it makes our justice system more just.
Honorable Adams and members of the House Courts of Justice Subcommittee, There are few things more fundamental in the American legal system than the right of people accused of a crime to a lawyer. Enshrined in the Sixth Amendment, this right to counsel is critical in ensuring fair and just outcomes for those accused of crimes. All too often the opportunity to consult with a lawyer before one’s court appearance is dependent on a person’s ability to pay for a private attorney. This should not be acceptable. Important decisions are made during the initial appearance – bail considerations, conditions of release, statements that can prove critical in subsequent stages, and sometimes, pleas, convictions, and sentencing. The inability to afford a lawyer should not determine the level of justice one receives in Virginia’s criminal legal process. Without a lawyer to fight for their rights, people are more likely to face unaffordable bond, extended pretrial detention, and punitive pretrial conditions. The consequences of incarceration for even a few days can have long-lasting effects on both the individual’s criminal case and the person’s life outcomes. While languishing in jail people can lose their employment, housing, and custody of children or other family members in need of care. Additionally, people held in jail for long periods also face higher rates of recidivism, are more likely to be convicted, and are more likely to have a longer prison sentences. Access to a legal advocate on the front end helps limit these life-altering consequences. Jurisdictions across the Commonwealth have successfully implemented Counsel at First Appearance. Prince William, Williamsburg, Richmond, Rockbridge, Augusta, and Portsmouth to name a few. These jurisdictions range from public defender systems to panel attorneys. From urban to rural communities. From republican to democratic-leaning areas. Statewide implementation is possible. Ensuring everyone who wants a lawyer has access to one at their first appearance before a judge is a matter of fairness and justice. We support this bill and urge you to vote YES on HB 369. Respectfully Submitted, ACLU of Virginia
I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. * In Virginia, people detained for a pretrial can sit in jail for days or even weeks before they can challenge their detention — often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through their families and communities. When they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. * Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention - it makes our justice system more just. * CAFA also makes the overall system more efficient by reducing the number of court appearances and providing an advocate to facilitate interactions with the accused. * Incarcerating people for fewer days is likely to be a cost-saving measure to localities. * The accused’s right to counsel, from the first moment they enter a courtroom, is a fundamental right that every American deserves when facing the awesome power of the government. Sincerely, Laura Emery, Virginia Resident
Dear Courts of Justice Subcommittee Members, I served for a dozen or so years in mentoring ex-offenders from the Virginia Peninsula Regional Jail as part of a program I co-founded around 2003 with other residents of the Williamsburg, James City County area. I had a number of ex-offenders tell me about their time in detention and the failure to have legal representation, even after they had spent many days, weeks, months incarcerated without legal counsel at their first hearing. I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. Here are some important reasons for supporting this legislation: In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention - it makes our justice system more just CAFA also makes the overall system more efficient by reducing the number of court appearances and providing an advocate to facilitate interactions with the accused. Incarcerating people for fewer days is likely to be a cost-saving measure to localities. Counsel at First Appearance is working in a variety of localities around the state and many jurisdictions will be able to implement it at little or no added cost. Few rights are as fundamentally American as the accused’s right to counsel when facing the awesome power of the government. Please make every effort to pass legislation that will adequately address this essential right for those being processed in the criminal justice system of our Commonwealth. Most sincerely, David S. Benedict James City County Resident living at: 3900 Windsor Hall Dr. Apt. E356 Williamsburg, VA 23188
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Sincerely, Paulina Carrion Virginia Resident
I write to ask for your support of HB 369, which will provide Counsel at First Appearance. My reasons are as follows: Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention - it makes our justice system more just Having counsel at first appearance also makes the overall system more efficient by reducing the number of court appearances and providing an advocate to facilitate interactions with the accused. Not only will providing counsel at first appearance save costs for localities because people will be incarcerated for fewer days, but also, and more importantly, incarcerating people for fewer days (or not at all) will reduce the loss of jobs, housing and medical care that people experience when people are detained pretrial for days or weeks. Counsel at First Appearance is working in a variety of localities around the state and many jurisdictions will be able to implement it at little or no added cost. Few rights are as fundamentally American as the accused’s right to counsel when facing the awesome power of the government. Sincerely, Virginia Wertman, Virginia Resident
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. As a social worker in Virginia, I am acutely aware of the devastating consequences of incarceration for individuals and their families. In Virginia, people may be jailed for days or even weeks before they can challenge their detention, resulting in lost jobs, housing, medical care – and even their children. When they DO finally appear in court, if they do not have a lawyer who understands our complicated and confusing legal system, they are at an extraordinary disadvantage. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Council at First Appearance is already working in a various jurisdictions across our state, many of whom have implemented it at little or no added cost. Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, makes the overall system more efficient by reducing the number of court appearances, and reduces the human cost of pretrial detention, making our justice system more just. Furthermore, incarcerating people for fewer days is likely to be a cost-saving measure to localities. Few rights are as fundamentally American as the accused’s right to counsel when facing the awesome power of the government. Please support this critically important bill. Sincerely, Mary McGovern, MSW York County Virginia Resident
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. Few rights are as fundamentally American as the accused’s right to counsel when facing the awesome power of the government. In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment and housing. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Sincerely, Theresa A. Cavanaugh, Virginia Resident
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention. CAFA also makes the overall system more efficient by reducing the number of court appearances and providing an advocate to facilitate interactions with the accused. It is likely to be a cost-saving measure for localities, and it will most certainly make our criminal justice system more just. Sincerely, Sara Meldrum, Virginia Resident
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Having legal representation at their first appearance helps people understand the proceedings, improves their future appearance rates, and reduces the human cost of pretrial detention - it makes our justice system more just CAFA also makes the overall system more efficient by reducing the number of court appearances and providing an advocate to facilitate interactions with the accused. Few rights are as fundamentally American as the accused’s right to counsel when facing the awesome power of the government. Sincerely, David Stanford, Virginia Resident
Dear Courts of Justice Subcommittee Members, I am writing to ask you to vote in support of HB 369, which will provide Counsel at First Appearance. In Virginia, people detained pretrial can sit in jail for days or even weeks before they can challenge their detention, often resulting in a loss of employment, housing, access to medical care, and more, with effects rippling through families and communities. And when they finally appear in court, they often face a complicated system without a lawyer. Providing a lawyer during someone's first appearance before a judge and at their bond hearing will go a long way to fixing this injustice. Sincerely, Mr. D. Walker, Virginia Resident
HB375 - Fines and costs; period of limitations on collection.
Not only is it minorities but also whites who seek justice for themselves as well as minorities. Originally from NC I moved to VA to finish a master degree at Regent University. Because of substance abuse and drug addiction off and on over the past 20 yrs, I have experience in both the criminal justice system and in areas of poor minority housing areas. What better way to show society I have been rehabilitated than stay sober and finish a master's degree I started in 2013. I also got involved with local African American pastors to try n change lives through love n hope. Not so fast . Instead only months after getting that masters degree and getting my NC k-12 teaching license reactivatd I was charged with 8 felonies for supposedly forging to checks from an elderly lady whom I was hired to give her dog diabetic shots twice a day everyday. I voluntary went to the investigating detective and gave an honest statement. A statement she supposedly " forgot to hit the record button on" . Add 8000 in attorneys fees and wat did I get. He's just a junkie who took advantage of an old lady. No showing my reformation. Instead 8 felonies with 5 years each felony all ran consecutive. 40 yrs 39 suspended. First felonies ever. No more school teacher possibilities or being a church worker+ masters in theology. All because I had a passionate voice for justice in a white privilege society while I myself lived in Newport news. And now I n my daughter ( who just got a BSN in nursing worries daily dad will have to do 39 yrs if he misses a po appt or has a relapse and gets a negative drug screen. (Especially in lieu he was victim of sexual assault by a retired naval officer which no one ever believe) The commonwealth is most oppressing state I have ever been in and having played div. one baseball in the early nineties I have been around the country. I gave since gotten more involved SO PLEASE DONT STOP THE MOMENTUM THAT THE COMMONWEALTH HAS MADE THE OAST 4 YEARS. VY PEOPLE WHO ARE BLIND TO THE REALITY IF SOME LAWS N POLICE BEHAVIOR. ALL BECAUSE THEY ABD THIER FAMILIES GREW UP PRIVILEGED. I AM UNIQUE IN THAT I AM EDUCATED BUT ALSO A ADDICT WHO GAS LUVED IN THAT WIRKD. A WORLD WGEN RECENT THE COMMONWEALTH JUST SAW MY OAST RECORD, REFUSED TO SEE MY SIVRYN ACCOMPLISHED THE LAST 5 YEARS AND DIDN'T EVEN CONSIDER REHAB ( THAT BASED ON THIER ARGUMENT IFME BEING AN ADDICT. NO KETS JUST THROW HIM IN A 6 × 9 FIR ONE YEAR N HE WILL THINK TWICE BEFORE HE USES AGAIN. HIW F ARCHAIC IS THAT THOUGHT PROCESS. WE AS FIRMER ADDICTS AND CRIMINALS ( 99% DUE TO DRUG USE) ARE WILLING TO ADMIT OUR MISTAKES REPAY SOCIETY N MOVE FORWARD BUT UNFORTUNATELY THIS REVERSAL IN LEGISLATION WILL ONLY ADD TO TGE ONCE ANE POSSIBLE SOON TO BE OPPRESSIVE COMMONWEALTH FOR THE POOR UNEDUCATED N THISE WHI STRUGGLE WITH ADDICTION. IN CLOSING I LIVE IN A CONSERVATIVE COUNT N CITY NOW BUT THEY SEEM TO GET UT. NOT LIKE SOME OF THE OTHER PRODOMIATELY WHITE COMMUNITY. I AM ALWAYS AVAILABLE TO SHARE MY EXPERIENCES W ADDICTION N THE CRIMINAL JUSTICE SYSTEM KEEP TGE MOMENTUM GOING FOR CGANGE HOPE N REHABILITATION. NOT INCARCERATION. SOMETHING WE WOULD NOT EVEN DO TO STRAY ANIMALS
Del. Williams Graves hasn't tried to get debt from folks who move to Texas so they don't have to pay. That is what they'll do. Please keep the law as it is.
HB662 - Multi-jurisdiction grand jury; investigation of elder abuse crimes.
Good afternoon, Mr. Chairman, and committee members: Thank you for the opportunity to comment on HB 16 and thank you, Delegate Fowler, for your work updating our state’s Safe Haven law. We, Virginia is for Children (an advocacy group for the lives of vulnerable children in our state), are following the Safe Haven law efforts and are fully supportive of the extension to thirty days of age for infant relinquishment. This is a reasonable, standard amount of time for a mom/parent to conclude that they cannot parent their baby OR, change their mind and decide they can parent their baby. Such a significant, life-altering decision does not need to be rushed or hurried. We know that moms who have just given birth, especially those who are alone, need time to recover physically and emotionally. Moms can experience postpartum depression after the birth of child, this typically occurs within the first 1-3 weeks after birth, parents can be in desperate situations- experiencing homelessness, abuse, addiction and need time to get help. Twenty-one states are now at thirty days for age of relinquishment. Utah just extended their law to thirty days in February, 2020 and approved funding for safe haven law awareness. Extending this law can potentially save more infants from abuse, neglect, and abandonment and give parents the time they need to make important decisions. We hope the committee will approve the extension and consider providing state funding for safe haven law awareness and promotion of safe haven locations or “safe baby sites”. Not enough parents are informed about the law’s existence and the process involved. Our group is especially interested in a state funded, DSS promoted, 24-hour confidential, crisis hotline that would provide intervention and support for women in crisis pregnancies and struggling parents, so that they can get the help they need to parent their baby. Thank you, Mr. Chairman, and committee members for your time and for the opportunity to voice our support of this bill. Sincerely, Leah Kipley VA is for Children
HB17 - Military honor guards and veterans service organizations; paramilitary activities, exception.
Good afternoon, Mr. Chairman, and committee members: Thank you for the opportunity to comment on HB 16 and thank you, Delegate Fowler, for your work updating our state’s Safe Haven law. We, Virginia is for Children (an advocacy group for the lives of vulnerable children in our state), are following the Safe Haven law efforts and are fully supportive of the extension to thirty days of age for infant relinquishment. This is a reasonable, standard amount of time for a mom/parent to conclude that they cannot parent their baby OR, change their mind and decide they can parent their baby. Such a significant, life-altering decision does not need to be rushed or hurried. We know that moms who have just given birth, especially those who are alone, need time to recover physically and emotionally. Moms can experience postpartum depression after the birth of child, this typically occurs within the first 1-3 weeks after birth, parents can be in desperate situations- experiencing homelessness, abuse, addiction and need time to get help. Twenty-one states are now at thirty days for age of relinquishment. Utah just extended their law to thirty days in February, 2020 and approved funding for safe haven law awareness. Extending this law can potentially save more infants from abuse, neglect, and abandonment and give parents the time they need to make important decisions. We hope the committee will approve the extension and consider providing state funding for safe haven law awareness and promotion of safe haven locations or “safe baby sites”. Not enough parents are informed about the law’s existence and the process involved. Our group is especially interested in a state funded, DSS promoted, 24-hour confidential, crisis hotline that would provide intervention and support for women in crisis pregnancies and struggling parents, so that they can get the help they need to parent their baby. Thank you, Mr. Chairman, and committee members for your time and for the opportunity to voice our support of this bill. Sincerely, Leah Kipley VA is for Children