Public Comments for 02/02/2024 Courts of Justice
HB77 - Robbery; conforms certain provisions of the Code of VA to the degrees of robbery offenses, etc.
I believe if a person commits a crime they need to face the consequences. The last three years our nation has been easy on criminals. Our nation is a mess and most citizens are tired of the lawlessness. "Let’s not forget that American democracy started with ‘We the People’ agreeing to work hard to create ‘a more perfect union.’ We’ve lost the idea that politics begins at home with what happens in families, in neighborhoods, in classrooms, in congregations. We called this democracy into being – and if we want to call this democracy back to its highest values, it’s got to be the us doing that calling. That’s not going to happen if ‘We the People’ don’t know how to talk to one another with civility and hold our differences in a creative, life-giving way." - Parker J. Palmer "Civility isn't just some optional value in a multicultural, multistate democratic republic. Civility is the key to civilization." -Van Jones
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 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.
Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.
HB102 - Court-appointed counsel; raises the limitation of fees.
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Alexandria is a vibrant city based on history, culture, a waterfront and lots of tourism. If Virginia has money and space to build an arena then you have money and space to build new schools. Our school system is deplorable. It’s overcrowded. Think of your citizens before thinking about your quick money grab that eventually leads to an inevitable loss. We don’t want or need an arena. This is pure greed.
I heartily endorse the well-reasoned comments submitted by my colleague, Cassie Hargrave, Esquire. The miserly amounts paid by our state for professional legal advice & representation of indigents reflect poorly on the dignity of the Commonwealth. Our legislature can and should enact this bill, which will help close a gap of fair compensation that has been too long in place.
Court-appointed attorneys in the Commonwealth of Virginia have not had an increase in pay in more than TWENTY YEARS. Meanwhile, the cost of living has increased astronomically, and the Commonwealth of Virginia increases minimum wage every year. Other states around the country have recognized a need to appropriately compensate their court-appointed attorneys. As a court-appointed attorney for the last 16 years, I can report that from the view in the trenches, it is a precarious situation. Very talented attorneys are leaving the court-appointed attorney lists in droves, not because they cannot do the work, but simply because they cannot afford to not be paid for the hard work that they do. Imagine being a court-appointed attorney and appearing in court for FIVE FULL DAYS on an appeal, only to be paid $158.00 TOTAL. (And this doesn't include the actual preparation it takes outside of court to try the case). This is happening in Virginia. Imagine being a court-appointed attorney that is making LESS THAN MINIMUM WAGE, yet having to pay your support staff a minimum wage that increases every year. This is happening in Virginia. Imagine being a resident of the Commonwealth of Virginia, whose children have been (often times, unjustly) taken and placed into foster care, and you do not even have an attorney appointed to you (which is your RIGHT under the law) because there are no attorneys willing to do this amount of work for free. This is happening in Virginia. Imagine being a judge who is trying to enforce a litigant's right to counsel, but you cannot find a single attorney to represent the litigant because all of the court-appointed attorneys have quit. This is happening in Virginia. And lastly, imagine being a child who wants to (and should be) home with your parents, but your parents do not have quality representation because all of the qualified attorneys have quit, and your parent's rights are terminated and you never see them again. THIS IS HAPPENING IN VIRGINIA. This is not sustainable. The court cannot run without court-appointed attorneys. If the rate of pay for court-appointed attorneys is not increased, the court system is going to implode. There is no easier way to say it. This is not just about court-appointed attorneys. It is about parents, children, and families, and how much those people really matter to the Commonwealth of Virginia. Please do right by the citizens of Virginia, and the court-appointed attorneys who are working tirelessly to represent them and support this bill. It is time. Thank you for your attention to this matter.
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.
Hello, I am M. Lee Smallwood, II, the co-chair of the Legislative Committee for the Virginia Association of Criminal Defense Lawyers. I also participated in the study process that resulted in the JLARC study that provides the factual support for this bill. While I am not a court appointed attorney, I am a public defender and am therefore acutely aware of the circumstances that exist. The compensation offered for the typical court appointed case is insufficient to attract appropriate levels of experienced and talented criminal defense attorneys who can assist the indigent with defending themselves in vindication of their constitutional rights. Locally I practice in Danville and keep track of the circumstances throughout Southside Virginia. Our court appointed lists are short, and our judges have been actively recruiting members of the Bar and even appointing cases to attorneys who are not on the court appointed list. The latter practice is problematic because the Indigent Defense Commission has no oversight of persons who are not on the court appointed list pursuant to the statutory process. Our founders fervently believed that our criminal justice system required the ability for a person accused to vigorously defend himself, and it is for that reason that Gideon recognized the requirement for states to provide legal assistance to those who cannot afford it. We have certainly become a more enlightened society in the time since that decision, and we must keep the defense provided to all persons vigorous by adjusting the very low compensation levels provided in Virginia. The exact dollar amounts vary from this bill to SB356, but the most important issue is providing for an increase in the ballpark of the figures in either bill.
HB179 - Imprisonment; consecutive terms.
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Alexandria is a vibrant city based on history, culture, a waterfront and lots of tourism. If Virginia has money and space to build an arena then you have money and space to build new schools. Our school system is deplorable. It’s overcrowded. Think of your citizens before thinking about your quick money grab that eventually leads to an inevitable loss. We don’t want or need an arena. This is pure greed.
I fully support those bills.
I fully support those bills.
I fully support these bills HB45 HB179 HB 834
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 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.
Attached is written testimony in support of HB 179. The testimony highlights FAMM's support of the reforms contained in HB 179 and the evidence that supports Virginia adopting such reforms.
Dear Committee, 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 Russell H Smith, 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 2005, at the age of 22, I found myself entangled in a home invasion that resulted in significant legal consequences. I accepted guilt for charges spanning from wearing a ski mask in public to the grave offense of first-degree murder. 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 70-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. Importantly, 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 40, 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 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. Thank you for your time, and I earnestly hope to hear from you soon. Sincerely, Russell H Smith
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 Russell H Smith, 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 2005, at the age of 22, I found myself entangled in a home invasion that resulted in significant legal consequences. I accepted guilt for charges spanning from wearing a ski mask in public to the grave offense of first-degree murder. 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 70-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. Importantly, 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 40, 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. Thank you for your time, and I earnestly hope to hear from you soon. Sincerely, Russell H Smith
HB195 - Gaming in the Commonwealth; prohibition on use of term "casino" by non-casino gaming operators.
HB202 - Optometrists; expert witness testimony.
HB264 - Legal notices and publications; online-only news publications, requirements.
HB266 - Custodial interrogation of a child; failure to comply with section, inadmissibility of statement.
Hb266 vote yes. Law enforcement should have to follow current law and if they don't, the child's statements shouldn't be used in court
I urge you to support this important legislation to protect kids who are particularly vulnerable in police interrogations. As the law stands now, there is no effective enforcement mechanism when children’s parents are not notified.
We support all juvenile criminal justice reform bills!
HB268 - Juveniles; evidence of trafficking, sexual abuse, or rape by the alleged victim.
We support all juvenile criminal justice reform bills!
Shared Hope International is a non-profit organization dedicated to preventing, restoring, and bringing justice to survivors of child and youth sex trafficking. Shared Hope has been working in Virginia, across the country, and throughout the globe for over 20 years to guide and support appropriate responses to protect survivors, hold offenders to account, and ultimately prevent the crime entirely. While ideally we would like to see these victims kept out of any punitive system and met with a protective—rather than punitive—response, we support this bill as a step in the right direction and support this bill. Too often, the criminal legal system fails to respond in a trauma-informed and age-appropriate way to children who engage in delinquent or criminal conduct. The vast majority of children involved in the criminal legal system are contending with early childhood trauma and unmitigated Adverse Childhood Experiences (ACEs), including psychological, physical, and/or sexual abuse; witnessing domestic violence; living with family members who are substance abusers, suffer from mental illness or suicidal ideation, or are incarcerated. Studies have shown that approximately 90 percent of children in the juvenile justice system have experienced at least two ACEs, and 27 percent of boys and 45 percent of girls have experienced at least five ACEs. HB 268 helps Virginia align with the human rights principles to foster the physical, psychological, and social recovery of child survivors of abuse and exploitation. By keeping child victims who defend themselves against their abusers in the juvenile justice system—instead of transferring them to adult courts—youth will be afforded a more individualized and rehabilitative response, and a better opportunity to make a life for themselves after the trauma of sexual abuse.
I am writing in support of HB268 as an important step towards recognizing minors as victims and not criminals in these cases. As a clinical psychologist I have had longstanding concerns about the impact on minors when their victimization and resulting responses to it are perceived as criminal acts. The psychological damage done to minors when this kind of victim blaming occurs only serves to increase the depth and complexity of the trauma they must already bear as a result of the original abuse. When someone experiences a traumatic experience such as the violations involved with trafficking, sexual abuse and/or rape the most common responses the body will employ are known as the 4F's (fight, flight, freeze & fawn.) Sometimes individuals instinctually employ one of the last three of these by trying to flee their abuser when possible, freezing which often also includes feeling numb or dissociating from the moment, or fawning which refers to trying to placate or please their abuser. It is possible that a juvenile defendant could commit and alleged offense as a result of one of these responses. It is even more likely however that the self-explanatory fight response to trauma could understandably result in behavior that could be brought before the court as an alleged offense. All four of these are predictable human responses to traumatic experiences and the most appropriate response is for trauma victims to be offered treatment and services rather than a punitive response. I support this bill as written given that it is an important step towards providing essential care to child victims, yet I am also urging members to consider the following amendments. Where I would differ with this bill as written is that the most advantageous place for treatment and services to occur is not within the juvenile justice system, but rather a more trauma informed therapeutic environment such as a specialized treatment program. A social services response that diverts a child victim away from the juvenile justice system entirely would send a much clearer message to child victims that what happened was not their fault and that they are not being penalized for protecting themselves from their abuser.
HB452 - First offender drug program; previous misdemeanor marijuana conviction, etc.
HB455 - Controlled substances; possession of an item containing residue of a substance, penalty.
Hb455 Vote yes. Less than a gram is barely anything and shouldn't carry the same sentence as higher volumes as drugs
HB457 - Decreasing probation period; establishes criteria for mandatory reduction.
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Michael Sizemore from SAARA of Virginia speaking to endorse the bill.
Please Vote to refer HB457. It provides incentives for self improvement and shortens the probation period. This in turn will lighten the load of our overworked probation officers and lower costs to the Virginia taxpayer. Everyone wins. Please Vote YES for HB457.
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.
HB470 - Minor; petition for child in need of services or supervision.
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.
HB520 - Summons; promise to appear after issuance, issuance of summons instead of warrant in certain cases.
HB653 - Adoption of initial discretionary sentencing guideline midpoints; violent felony offenses.
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.
HB678 - Trusts; release or ratification of trustee by beneficiary, response of beneficiary in writing.
I am writing on behalf of the Public Policy Committee of the Virginia Academy of Elder Law Attorneys (VAELA). We provided these comments to Delegate Leftwich's office early this morning. • We think that 45 days’ notice is far too short for a beneficiary who has concerns about what they have received and wishes to seek legal counsel. Getting in the door for a consultation can take 6 weeks with many, reputable law firms. Not quite understanding the urgency this bill imposes on beneficiaries, we would suggest allowing beneficiaries 120 days. • We are unsure how this “jives” with the one-year statute of limitations set forth in 64.2-796. We are concerned that Section (B)(e) reduces from one year to forty-five days the SOL for trustees proceeding under the new proposed provisions. • The proposed additions seem to apply to both bad actors and good actors alike. For trustees who have been removed by the court, why shorten any time frame an aggrieved party might have to act? • It would also seem reasonable that an objection should contain a basis for said objection. • Fees, it seems, should not automatically be assessed to the trust estate.
HB697 - Synthetic media; use in furtherance of crimes involving fraud, etc., report.
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.
This bill must also include an amendment for rebuttable presumption to allow those deceived by such a synthetic image, who might prove loss of money, property, or defamation of character a remedy for redress and recovery of punitive damages.
Please pass this bill. This is only starts to address the improper use of AI that distorts the truth from fraudulent behavior by citizens and government officials. I hope the General Assembly will go further in future bills to prevent any government official from misrepresenting themselves to citizens. Thank you Delegate Maldonado.
I support this bill, No one should be impersonating anyone other than themselves.
We are in Support of this bill. As generative A.I. is on the rise, and as impersonation online (including through government agents like law enforcement) it is imperative that citizens have recourse to combat abuse to themselves and their reputations. There must be no color of law exception for police either.
HB764 - Virginia Residential Landlord and Tenant Act; early termination of rental agreement.
Mr. Chair and members of the committee, We are writing to you today regarding HB 764 (Delegate Delany - D), which would allow for the early termination of a lease for survivors of sexual violence. This bill is critical to ensuring that survivors and their children in Virginia have access to a safe living environment. We ask for your support in favor of this legislation. As you may be aware, RAINN is the nation’s largest anti-sexual assault organization. Founded in 1994, RAINN created and operates the National Sexual Assault Hotline (800.656.HOPE and hotline.rainn.org). RAINN also carries out programs to support victims, educate the public, and improve public policy. Currently, survivors in Virginia must secure a protective order and wait until 30 days after the following payment period before they can leave an abusive home. Not only does this pose a financial burden and barrier to many, but it can extend abuse for up to two months. HB 764 offers another avenue for survivors to secure an early termination of a lease and reduces how long they are trapped in an unsafe home. Approximately 20 people per minute are physically abused by an intimate partner in the United States, which adds up to more than 10 million men and women annually. Survivors stay with their abusers for multiple reasons, including a lack of financial resources or an inability to find housing elsewhere. Many states have an explicit exception that allows survivors to break a leasing agreement exceptions due to domestic violence in their code. We encourage Virginia to join the growing number of states that have opened pathways for survivors of sexual violence to escape their abusive environment. HB 764 will ensure survivors can use official evidence from law enforcement or a medical professional to break their lease. We urge you to support this bill and pass it out of committee. Thank you for your continued leadership and for supporting victims of sexual violence in Virginia. Mollie Montague Director of State Legislative Affairs, RAINN
HB765 - Parental rights; termination for alleged sexual abuse, petition filed by other parent.
I am a licensed clinical psychologist and University of Virginia faculty member who researches pregnancy resulting from rape. I am submitting the attached letter from a Virginia mother who, currently, is being forced to share custody of her daughter with the man who raped her, resulting in the conception of the child. She wished to submit this letter anonymously because she feared the rapist would retaliate against her and her daughter if he knew she was sharing publicly in this manner. Here is a brief excerpt from her harrowing story: "Unfortunately, the trauma of the rape was only the beginning. I have spent the last two years going through something even more traumatizing. A month after my daughter was born, I was served with a lawsuit for a paternity test and joint custody/visitation from my rapist. Every day since then, I have felt totally helpless.... No one should have to stay connected to a rapist.... I want to be a vivacious sales rep again instead of the shell I am now, and I want my daughter to be safe. No one deserves to be essentially tied with hands behind their back, gagged, and have to watch as the child they love goes to someone that they know is dangerous. No one should have to face being forced to continue to communicate for eighteen years with the man that raped her. ...I believe all mothers that have conceived a child through rape and face sharing custody with their rapist have the same feeling—we are being raped, over and over." Currently, Virginia law offers this mother no way to escape from her rapist and protect herself and her daughter. Please support HB 765 to create a path for mothers like her to petition to terminate the rapist's parental rights. Sincerely, Lucy Guarnera, PhD Licensed Clinical Psychologist Assistant Professor of Psychiatry and Neurobehavioral Sciences Institute of Law, Psychiatry, and Public Policy University of Virginia School of Medicine lag8e@virginia.edu
Hi. Similar bills should be heard jointly. I'm a co-founder of the NVa. Parents United. I seek to provide further details in person. VA should be 50/50 legal and physical custody and enjoined with BOTH parents >1 hour of the children. Code 20.124.2 & .3; any exception, eg Domestic Abuse must have verificable physical proof to aoid falsehoods for custody and other ulterior motives. Regarding GALs &others https://casetext.com/case/bonhotel-v-watts & 2017 cases over turned with abuse of authority https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976 14th amendment and assurance of 42 U.S.C. Section 1303 (f) and 42 U.S.C. 106(b)(2)(B)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) Visitations BOYD, JR. V. COMMONWEALTH OF VIRGINIA, Va. App. affirmation No. 1681191 (2020). 27 cases overturned https://www.tandfonline.com/doi/full/10.1080/15379418.2019.1613204 See also this link https://www.vacourts.gov/courts/cib.pdf on the Court Structure (graphic) that it excludes the fact that the Virginia Bar is an entity of the Virginia Supreme Court - near the bottom - "Uniform Rules and Practices -- Uniformity of practice is regarded as a vital element for the development of a sound judicial system." Uniformity is seriously lacking today in our courts of abitrary, capracious, and subjective bought opinions. In mercy and plea for children and families, please see attached three (3) suggestive 2024 bills via the Center for Rights and Protection of Children (CRPC) that naturally would require your dedication in effort of bi-partisan support and sponsorship in assurance of children's rights and their protection, especially with more and more children being taken across state lines and destroying families per Va. Code § 20.124.3 Best interests of a Child and its interference of such enforcement of the courts orders, constitution, statute and case laws such as Keel vs. Keel, Va. SupCt. (1983) (not upheld by VA SupCt Justice), Va. Code § 20-146.1 Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act and Va. Code §18.2-49.1 per Robert Boyd, Jr. v. Commonwealth of VA, Va. Ct.App. (2020) and others to protect children's rights and equally for all parties. NVa. Parents United, >90 parents growing and we have had meetings over the past years with several parents who experience the similar issues, parents with in the JDR, circuit court, appeal proceedings are often denied fundamental due process and witness to violations like that of 18 U.S.C. Section 242, resulting in the violation of their constitutional rights. This dire situation is causing irreparable harm to countless children, who deserve to grow up in safe and nurturing environments with both parents. URGENT need for action cannot be overstated, as every delay prolongs the suffering of innocent children. This includes parents being punished for seeking protection of their children as required reporting under 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA). Please see the middle section https://www.linkedin.com/posts/trward_antitrafficking-children-childrensrights-activity-7152379678731751425-AWmG Random acts of kindness https://lnkd.in/d-DDffTa & https://lnkd.in/gYWJbrsC https://www.linkedin.com/feed/update/urn:li:ugcPost:7153416274314760192?commentUrn=urn%3Ali%3Acomment%3A%28ugcPost%3A7153416274314760192%2C7155405374173433856%29 Thank you
HB766 - Custody and visitation arrangements; best interests of the child, family history of abuse.
I SUPPORT THE AMENDMENTS TO HB766 . PLEASE PASS THIS MUCH NEEDED BILL FOR COURT REFORM, TRAUMA AWARENESS TRAINING, AND AMEND IT ALSO TO INCLUDE COERCIVE CONTROL AS A CRIME AND AS ABUSE.
I really hope these to bills are past, we defaintly need judges to be train on the sverity and harm on children if the evidence is not taken serious in many case.We need a full investigation on how abuse is handled over all. In many of our cases the judge penalized or punished us for bring up claims of abuse on our kids. My evidence was true and I, school officals and psychologist were deeply concern with the change in my son behavior, health and education. I had solid proof that son being under dads care was a real concern and not at all in best interest of child. I feel these bills speaks , finally our concerns for years . No judge should be allowed to gear away from the facts, give a opinion this creates bias, dismissing all evience by the parent reporting the abuse, only excepting evidence from one parent and not other creating double standards . Evidence should be heard equally from both parents when it comes to children well being and determining what is best for children. How is it possible a judge can say i do not believe this parent ever violates the order,or i do not want to hear about abuse claim in my court room or get out. This should never happen, judges should be impartical and stick to the laws and facts when i had solid proof and evidence that my son was being abused and have a order in place give every little time supervised which was given to me as punishment for reporting abuse when i have no record or history of ever being abusive or harmful to my child and also proof have not seen my son in 4 years, because judge believes ex follows order so she dismissed my motion, blocked me from returning again. My order says alot to the harm this judge has done to my son and I. If we have judges not obeying or being force to stick or follow these laws in place, that is where the problem is. These laws will happen and i pray they get voted in for the betterment of children. Also shared parenting max time with both parents is crucial in child over all development speaking as a teacher. No judge should be ruling for sole custody only on very extreme cases with proof from professional intervention this is needed. a child has the right to love and be with both parents equally
Please see the attached stance of the "Coalition Against Domestic and Sexual Violence for the 24th Judicial District of Virginia."
Dear Virginia House of Delegates Courts of Justice Civil Subcommittee Members: I am writing this in support of HB766, as amended. This bill, like many others, is a reactive measure to situations that can be prevented. I write this wearing many hats: I am a domestic violence advocate as well as a protective parent. As an advocate, this story and many others very similar were what we faced when meeting a victim/survivor. Providing safety plans and rehearsing protocols sometimes are not enough; however, as an advocate it was my job to give every tool possible to keep a victim and their children safe. Consequently, the sad reality is that I had to explain to victims/survivors that situations aren’t black and white and no judge rules the same way when handling protective orders, custody or visitation orders. Specifically, when speaking about protective orders in our locality it was common practice for judges to deny children on a protective order if the parent was the victim of abuse regardless of whether a child was witness to or was exposed to that violence. Realistically, it was common for an abusive parent to receive visitation or even joint custody of their child(ren). The sad truth is that one of the most common questions that is asked of victims is, “Why did/do you stay in that environment?” The answer is simple - they stay because a mom would rather be the target of violence if it means the child doesn’t endure it. Also, they will stay to ensure the safety of their child and if they are still in the home, they can protect them as much as possible. The real question should be why does an abuser abuse? The recidivism in domestic violence is extremely high because victims will return to abuse to protect their children. As a protective parent, I lived this nightmare. I, too, had to get creative in ways to protect my children. Mine children's father was verbally and psychologically abusive which are the hardest forms of abuse to prove. In fact, it took me nearly 5 years to build a case in order to get supervised visitation and even then, it was supervised by a person from my abuser’s side of the family. I ended my relationship with my abusive husband/ abuser after 10 years of marriage which started at the age of 16. He chose drugs and alcohol as the priority in his life, including during his visitation times. One day, he was arrested due to illegal drugs and was supposed to have visitation with his kids. I chose the safety of my child that Friday and refused to allow my son to go for visitation. I knew I could face consequences for that choice but I was willing to take my chances. He was bonded out for his new drug charges and was released from jail. The next day was a Saturday and he was irate that I refused for our son to go with him. He went to a bar and drank until he was obliterated. He drove himself, his girlfriend and his 2-year-old son in her vehicle and he drove over 100 mph down a busy road crashing the car into a concrete barrier. He killed himself, his girlfriend and his 2-year-old son. This could have been prevented but most importantly I knew what was right for my son and I put my foot down. Today my son, who would have been in that same vehicle, is proudly serving in the United States Navy. I am pleading with you to vote “YES” for HB766, our children need to be safe and feel safe. Sincerely, DV Advocate/Protective Parent
Vote yes for the good of mental health outcomes in the state of Virginia.
Voting yes
Dear VA Courts of Justice (House & Senate): All related matters should be heard jointly, not different times/sessions. It’s 21st century and imperative to comprehensively revamp this code. Its current language sets for arbitrary, capricious, and subjective ways. It’s necessity to meticulously examine the incentives at play. Marriage involves two, while divorce requires only one. Childrens’ Constitutional rights are violated by this and similar statutes, conflicting with Amendments 1, 5, and 14th. Despite good intentions, the legal process often falls short of the desired codes. Simply, best interest of a child is a 50/50 arrangement with both parents. While protections maybe warranted, it is crucial to emphasize that the US Code takes precedence over state codes. Essential to combatting false accusations and the misuse of legal processes. Implementing measures that deter and penalize false allegations, including false police reporting and perjury, is necessary to uphold constitutional rights and statutory provisions, with time loss and time given. Northern Virginia Parents United, >90 parents facing similar issues in family (JDR), circuit, Appeals, and Supreme Court proceedings, witness fundamental due process denials and violations akin to 18 U.S.C. Section 242. Such infringements lead to constitutional rights violations and the non-upholding of US and Virginia Codes. This situation is causing irreparable harm to children, necessitating urgent action to prevent prolonged suffering. Parents seeking protection for their children, per 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA), often face punishment. Courts neglect their own rules, like Va. Supreme Court Rule 5:13, failing to enforce orders, lack a preponderance of evidence, zealous prosecutions, involving FOIA'ed emails from police, Commonwealth, and the Defendant, violation of 18 U.S.C. §242, facilitating children across state lines, as per Code §18.2-49.1. The Center for Rights and Protection of Children proposes bills in bipartisan support address violating Va. Code §20.124.2 & .3 "Best interests of a Child" and (non)enforcement of court orders and codes, Va. Code §20-146.1 Chapter 7.1. UCCJEA, and Va. Code §18.2-49.1 per BOYD, JR. V. COMMONWEALTH OF VA, Va. Ct.App. (2020). The plea is to apply codes consistently, protecting children's rights and ensuring equality for all parties as the initial basis for custody. Watch & read: https://www.youtube.com/watch?v=BudeCZ8d7_A https://erasingfamily.org/ & "Erasing Families" from children's perspective https://www.youtube.com/watch?v=KLCsbtS9dUA&feature=youtu.be https://parentingopinions.com/why-children-need-both-parents/#:~:text=Research%20has%20shown%20that%20children%20raised%20in%20two-parent,the%20benefits%20they%20bring%20to%20a%20child%E2%80%99s%20development GALs: https://casetext.com/case/bonhotel-v-watts https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976. Please review cases like Va Supreme Ct #240049 (VAC0883-23-4) & #230358 (VAC1336-22-4) that exemplify instances where and how legal process appears to deviate from the Constitution, codes, rules, and case law such as KEEL VS. KEEL, VA SupCt (1984); as Protection Orders are given away like candy lacking a standard of preponderance of evidence (physical in particular), many with ulterior motive per COMMONWEALTH OF Va V. AMOS, Va. SCt. (2014) & U.S. V. MORGAN, (1954). Thank YOU, NVPU
As a mother that faced horrible abuse from domestic violence that included the abuse of my children, I needed options here in Virginia. There was no early intervention and we could not find safety and help. Since that time, I now understand how concerning the numbers are with state intervention and what happens to families in court. We are called by our oaths to hold up the protections of both the United States and Virginia Constitutions to protect the God given rights of citizens. Anyone that looks at the numbers of abuse, exploitation and harm done to children can not deny there are better ways to support families in crisis and ensure safety. The situation is complex. Yet there are ways to stop the harm and abuses of agencies, lawyers and judges. There are ways to build a better system that protect children and transition families safely through crisis. We can ensure best laws are in place to allow this to happen. I am asking for a YES on HB890 & HB766. This is a start and part of improving what is being done. We need 50/50 custody as a default, and we need highly train individuals that have the least amount of retraumatising and exploiting both parents and children. We must work to stabilize the longevity of family for the best interest of children. Covering up abuse, erasing parents and putting children in greater risk of long term addiction, abuse, exploitation, health issues, mental health issues and suicide are not the best outcomes. We can and must do better. Please vote YES on HB890 & HB766, and lets build better intervention for family crisis that decreases the harm and increases the success of family transition. This is not a partisan issue. This is an American issue that is effecting children. We must find ways to de-weaponize and de-incentivize our system to anything beyond securing family and ensuring the long term health of children. Education those working with families in crisis to stabilize and find the most optimal environment is vital. "YOUR HELP is needed to achieve a “YES” vote from the House Courts Justice committee to pass HB890 and HB766. HB890- dictates that judges must ensure a shared parenting model- providing both parents optimal parenting opportunities with their children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts” It is the position of the Center For the Rights & Protection Of Children that evidence clearly shows that children benefit from a loving and safe mother and father- both parents in their lives. As long as abuse and neglect are not factors of concern, each parent influences the well-being and safety of their children in different but valuable ways. Restricting a child from a loving and safe mother or father may lead to consequences affecting their health, education, personality, and future success." Center For the Rights & Protection Of Children
I urge the Subcommittee members to vote YES to HB 766 as amended and NO to HB 890. Children's best interests should always be kept the primary focus in custody matters. The courts need to be trained more on family violence and coercive control. Those involved in custody matters should be true experts in domestic violence and understand its complex dynamic and very harmful effects to children and families in Virginia. Domestic violence and coercive control takes many forms and are often insidious. There have been too many children and families severely impacted. Parents' rights cannot be increased at the cost of their children's health and safety.
I urge you to please vote "YES" in favor of HB 766, as amended. This bill is the result of being included in the 2022 reauthorized Violence Against Women Act and places a child's health and safety as the priority in family court adjudication. There are federal funds tied to each state that enacts this bill. California and Colorado have already passed similar bills and many other states are working on passing such legislation because we have a crisis on our hands throughout the United States where evidence of psychological, verbal, physical, and sexual abuse against a child by a parent is being completely ignored and children are being ordered into the hands of their abusive parent despite the many pleas not to from their protective parent. I am the product of a childhood filled with domestic violence. My father eventually included me in his daily attacks on my mother and perpetrated coercive control and psychological and verbal abuse on me. I spent my childhood trying to keep my father happy and staying in a state of fight, flight, or freeze - a trauma response that affects one's mental and physical health for life if it happens too often. When I learned I was pregnant with my child, her father threatened to shoot me in the head because I refused to abort her. and to retain the best attorneys since he was wealthy and I was not. He told me I would not make him out to look like a "deadbeat dad" and he would have our child taken from me. Because of being conditioned to such abuse, I accepted his apology and continued on with the relationship until my child was two years old. I did try to leave many times but he would again threaten with retaining attorneys and taking our child from me. Every domestic violence resource stated that what he was doing was wrong and that I needed to leave for both my child and me. My mental health counselor helped me find a way out. I have always been one to tell the truth, but little did I know, that once I left my child's father there would not be any protections for either my child or me through family court. I shared my entire story in truth to our GAL and was immediately seen as a liar and told that his treatment of me would not affect my child. His own mother, a mental health counselor, told me that he would one day start abusing her too. He has. Not only does he constantly belittle and demean her, but he also uses her as a pawn to try to gain control over and to hurt me. Just recently, he hit our child for not focusing on cleaning her room - if he had given her the medication she takes for ADHD and her lack of ability to focus, she would have been focused. My child has been in therapy for several years now because of her father. She suffers from acid reflux and anxiety due to the ongoing chaos he has created within her life - these symptoms subside when he is gone for months on end for work. I do not want my child to continue to have to live this way as I, solely, can and do provide her with a loving, safe, peaceful, structured, and happy home. If we want our communities to become better places, we need to protect our most vulnerable population who are not able to protect themselves - our children. HB 766 will provide the proper training to those in charge of making decisions that will decide the fate of our children's lives.
For over a decade an unlicensed psychological intern testified in hundreds of cases in Fairfax, Arlington, Loudoun and Prince William. She testified in criminal cases and took children from parents. The VDHP Board of Psychology had her sign a consent order admitting to every accusation brought by parents against her. Unfortunately, only a few parents were even aware. The Board could only deny her a license. Since she never had one they had nothing to take away. With no statutory authority they could not publish her name nor could they refer her to law enforcement. State Police fraud investigators had no cooperation from locally elected Commonwealths attorneys. Several elected prosecutors had used this same false expert, Jennifer Shaw of the Gil Clinic, in their own prosecutions. Hundreds of families have been harmed. Children have been taken from parents without any criminal accusations or police investigations. No judge should have power to arbitrarily deny a parent's rights without evidence based on known perjury and fraud. Even after her hearings before the Board, Jennifer Shaw, of the Gill Clinic in Fairfax continued testifying as an expert in court. The VDHP Boards should have authority to give notice to judges and courts in circumstances where they uncover egregious fraud. No one can explain how this blatant crime took place in multiple courts for over a decade. Many lawyers are and were aware of her fraudulent practice. They knowingly purchased her testimony on behalf of their clients thus conspiring to commit fraud and suborning perjury. Attorneys who relied on her testimony were either incompetent or colluding. Several Judges even allowed Shaw to testify from the Gallery thus avoiding qualifying as an expert. Counsel in my case, Douglas Bywater, specifically instructed Shaw not to provide records. Even after Shaw’s lack of a license was acknowledged by the court, she was not held in contempt nor prosecuted for over 15 years of unlicensed practice. In my case the Judge, Fiore, ordered the GAL that he had personally appointed, Molly Newton not to inquire about Shaw’s lack of license. Each time Dr. Shaw saw a client, without supervision, she is violating Virginia law. Every time Shaw appeared in court she was committing perjury. My own counsel, Blankingship and Kieth, refused to report her to the VDHP and dropped me as a client when I filed that report myself. The Commonwealth of Virginia should embrace justice and due process rather than woefully remain a an ignorant backwater, where crimes against parents are perpetrated in the very courts where they seek redress.
Please vote ‘YES’ to HB766. The system, as it is now, in Virginia is entirely flawed and beyond broken. In 2019 I worked up the courage to seek protection for myself and my child in Prince William County. This was done at the behest of my psychologist who is former military and former state law enforcement. He explained to me all of the VA Codes that were being broken in the abuse of myself and my child by my former spouse and my child’s father. My psychologist assured me that the police and courts would help us and grant us protection. I even took a statement by him to court with me. The court did not accept this statement or other evidence. We were denied protection. . A female Sheriff’s Deputy and an advocate told me to cross the border into Maryland for assistance since Maryland offers protection on a state-wide basis. The night that we were denied, after I crossed into Maryland, we received help. We were later punished by the court for seeking help. In 2020 my child informed me that [my child’s] father had been sexually abusing [him/her]. We sought protection. While the GAL (Guardian ad Litem) that had been forced on us by the court sat a row behind me (not defending my child), my child was forced to act as his own attorney; represent himself/herself; and be cross-examined by his/her father’s attorney at ten years old, while also having autism. My understanding is that none of this was legal. This judge, the same judge that denied us protection in 2019, denied my child protection in 2020. The judge stated, ‘Mom it was your job to hire an attorney, and since you did not hire an attorney, evidence cannot be properly entered, therefore I cannot grant protection.’ I have since learned this is bogus and multiple things that happened in this situation were illegal. I did not have the money to hire an attorney. And, the GAL was his court-forced attorney. She refused to represent him. As it turns out, and we would later learn, that the ‘expert’ the GAL forced upon us that day was one of her best friends. They shared an office space in an old house in Old Town Manassas. They had worked many cases before. And, this ‘expert’ was no expert at all. There have been at least four families (including myself) that have had cases against her at VDHP (Virginia Department of Health Professions). During one conference hearing she would not prove that she graduated her doctoral program when asked by the Board of Psychology to. Show her degree on screen. In my VDHP hearing against her, after giving false testimony against me to have my child taken from me, she admitted that my child told her during the first or second appointment that [child] had been sexually abused by father. The Board asked her why she did not report. To my recollection she had no answer. I did record this proceeding as it is open to the public and media. Her name is Jennifer Shaw. At the time that I learned that Jennifer Shaw and the GAL were ‘best buds’ I also learned that she, Shaw, was the next door neighbor to the judge and they had a social relationship. I learned this directly from the judge on the bench. This is the same judge that denied protection. They all refused to recuse themselves. I have had zero contact with my child in 3.5 years due to these individuals. PLEASE VOTE YES! Ashley
Our children in America are being attacked and abused and no one is doing anything! As parents, we must protect, care, provide, love, teach, and influence our children to be good citizens. What kind of children are we raising? As a mother, I am accountable for the impact I have on my child. As a former Preschool Sunday school teacher, I know how important it is to provide a safe, caring and loving environment for children. I support this bill because children are helpless, they need to be listened to, believed and protected from abusive parents and judges and professionals need training specifically in this type of situations. In my case, the professionals didn't think about the best interest of our child and only looked at evidence of one parent. They didn't investigate thoroughly and saw this as another case of a "high conflict divorce and custody". Multiple studies have found that childhood abuse can negatively impact adult self-esteem, as well as it can increase mental health problems, including depression, anxiety and suicidal thoughts among others. Children have rights, too and we need to protect them. If we do, they will grow emotionally and mentally stable.
Please vote yes for this bill. Judges must order a thorough evaluation of any concerns of child abuse and domestic violence to be performed by a skilled evaluator. This does not have to be a Forensic Evaluation. Judges in juvenile, circuit and appellate courts need expert training to make qualified decisions. This is a totally different set of skills from the regular judicial law decisions. They also need immediate training so they are able to better serve the innocent children that they make recommendations for in their courtroom. . So much damage is being done to our precious children. Judges need to be educated on 1.child abuse. 2. physical and emotional abuse of family members 3. the horrible effects of domestic abuse on our young generation . Many studies have been done that demonstrate how the wrong decisions effect the health, education, personality and success of our next generation. We have not seen our lovely granddaughter for 18 months because of a ruling by a judge where there was not any evidence of abuse of this child. My granddaughter has had her precious childhood taken away from her. Where is the best interest of the child? We need education to help prevent this destruction of our young generation's lives. Please vote yes on this bill.
My name is Ekaterina Antipova (4th grade teacher at one of the private schools) residing in Fairfax County, VA deeply concerned about how children in the US are impacted by the issues related to domestic violence, custody, alienation. We need to pass this bill. This bill is informing the judges of the mental health crisis that is taking place and impacting our children. I know many cases where children from divorced parents started taking drugs because children could not be with loving and caring parents. We do not need barriers that prevent children from seeing loving parents. We need to have a healthy society and children should not suffer. I am a member of the Center for the Rights and Protection of children. Other parents are also like minded parents who understand that children should be able to see their family members Let me know how I can support delegates like you who deeply care about the future of the country, communities and children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts” HB890- dictates that judges must ensure a shared parenting model- providing both parents optimal parenting opportunities with their children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts”
Hi. Similar bills should be heard jointly. I'm a co-founder of the NVa. Parents United. I seek to provide further details in person. VA should be 50/50 legal and physical custody and enjoined with BOTH parents >1 hour of the children. Code 20.124.2 & .3; any exception, eg Domestic Abuse must have verificable physical proof to aoid falsehoods for custody and other ulterior motives. Regarding GALs &others https://casetext.com/case/bonhotel-v-watts & 2017 cases over turned with abuse of authority https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976 14th amendment and assurance of 42 U.S.C. Section 1303 (f) and 42 U.S.C. 106(b)(2)(B)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) Visitations BOYD, JR. V. COMMONWEALTH OF VIRGINIA, Va. App. affirmation No. 1681191 (2020). 27 cases overturned https://www.tandfonline.com/doi/full/10.1080/15379418.2019.1613204 See also this link https://www.vacourts.gov/courts/cib.pdf on the Court Structure (graphic) that it excludes the fact that the Virginia Bar is an entity of the Virginia Supreme Court - near the bottom - "Uniform Rules and Practices -- Uniformity of practice is regarded as a vital element for the development of a sound judicial system." Uniformity is seriously lacking today in our courts of abitrary, capracious, and subjective bought opinions. In mercy and plea for children and families, please see attached three (3) suggestive 2024 bills via the Center for Rights and Protection of Children (CRPC) that naturally would require your dedication in effort of bi-partisan support and sponsorship in assurance of children's rights and their protection, especially with more and more children being taken across state lines and destroying families per Va. Code § 20.124.3 Best interests of a Child and its interference of such enforcement of the courts orders, constitution, statute and case laws such as Keel vs. Keel, Va. SupCt. (1983) (not upheld by VA SupCt Justice), Va. Code § 20-146.1 Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act and Va. Code §18.2-49.1 per Robert Boyd, Jr. v. Commonwealth of VA, Va. Ct.App. (2020) and others to protect children's rights and equally for all parties. NVa. Parents United, >90 parents growing and we have had meetings over the past years with several parents who experience the similar issues, parents with in the JDR, circuit court, appeal proceedings are often denied fundamental due process and witness to violations like that of 18 U.S.C. Section 242, resulting in the violation of their constitutional rights. This dire situation is causing irreparable harm to countless children, who deserve to grow up in safe and nurturing environments with both parents. URGENT need for action cannot be overstated, as every delay prolongs the suffering of innocent children. This includes parents being punished for seeking protection of their children as required reporting under 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA). Please see the middle section https://www.linkedin.com/posts/trward_antitrafficking-children-childrensrights-activity-7152379678731751425-AWmG Random acts of kindness https://lnkd.in/d-DDffTa & https://lnkd.in/gYWJbrsC https://www.linkedin.com/feed/update/urn:li:ugcPost:7153416274314760192?commentUrn=urn%3Ali%3Acomment%3A%28ugcPost%3A7153416274314760192%2C7155405374173433856%29 Thank you
My name is Christy Newberg. I have been a victim of domestic violence for 10 years and I will never again be the person I was before I was abused. I have had to learn a new way to think, a new way to respond, and learn how to love myself again. Most importantly, I had to forgive myself for being too afraid to protect myself. The effects of domestic violence are lifelong, and affect more than just the victim. I am in favor of this bill because I do not believe justice will prevail when there is an expiration date on abuse. In the words of Martin Luther King “An injustice anywhere is a threat to justice everywhere.”
I SUPPORT HB 174. Marriage equality is long overdue. I SUPPORT HB 640. It's the least we can do to provide restitution to someone who was wrongfully incarcerated. I SUPPORT HB 766. Sexual abuse should absolutely be taken into account when adjudicating for a child's best interest and no child should be under the custody of someone who abused them. I SUPPORT HB 81. It's disgraceful that someone who suffered enough to attempt or die or suicide would ever be treated like a criminal, and this kind of stigma is a barrier to getting help that would prevent suicide. I OPPOSE HB394. It was a joyous occasion in 2021 when Virginia abolished the death penalty, and we should never go back to the days that we still had that.
HB772 - Minors; parental admission for inpatient treatment.
HB778 - Quitclaim and release property rights; DCR to release certain property rights in Albemarle County.
How can you threaten our democracy by quoting the revenue /business israel brings in??? There are many Jewish friends and neighbors speaking out against Israeli government policies. A foreign nation is muzzling out free speech!!!! This is unamerican and unacceptable! Why is a foreign nation allowed to dictate our local government policy????
HB786 - Guardianship and conservatorship; restoration or modification or termination of order.
HB803 - Juveniles; expungement of court records.
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I oppose your idea of excusing juveniles of their criminal records. This is one of the reasons our society has been plagued by ill-behaved in schools and the public sector. I do agree it depends upon the severity of the circumstances because we all make mistakes, but some are more serious than others and must be recorded. Most of all the home is where it all begins. Parents are the child’s first teachers.
Hb803: vote yes. A lot of children make mistakes, sometimes horrible ones but having a criminal record inhibits them from becoming successful adults. We need kids to grow up to be healthy, contributing members of society
Vote no
HB834 - Petition for modification of sentence; eligibility, procedures.
I oppose this bill.
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.
HB837 - Juvenile and domestic relations district court; recording of proceedings.
HB838 - Police and court records; expungement, definition of "otherwise dismissed."
My name is Cherry Henley. I am the Director of Lending Hands. Lending Hands is an organization that provides supportive services for returning citizens in the Charlottesville VA area. For this reason I am in support of House Bill 838. On a daily basis I see the struggles of those trying to rebuild their lives after incarceration. Lending Hands is in collaboration with the Expungement Council. This bill “ automatic dismissal” would allow many more Virginians the opportunity of fair housing and employment. Let’s support those who are working to a more successful transition.
I support this bill because everyone deserves to have their records expunged if they have already done what they needed to.
HB890 - Best interests of the child; assuring frequent and continuing contact with both parents.
I really hope these to bills are past, we defaintly need judges to be train on the sverity and harm on children if the evidence is not taken serious in many case.We need a full investigation on how abuse is handled over all. In many of our cases the judge penalized or punished us for bring up claims of abuse on our kids. My evidence was true and I, school officals and psychologist were deeply concern with the change in my son behavior, health and education. I had solid proof that son being under dads care was a real concern and not at all in best interest of child. I feel these bills speaks , finally our concerns for years . No judge should be allowed to gear away from the facts, give a opinion this creates bias, dismissing all evience by the parent reporting the abuse, only excepting evidence from one parent and not other creating double standards . Evidence should be heard equally from both parents when it comes to children well being and determining what is best for children. How is it possible a judge can say i do not believe this parent ever violates the order,or i do not want to hear about abuse claim in my court room or get out. This should never happen, judges should be impartical and stick to the laws and facts when i had solid proof and evidence that my son was being abused and have a order in place give every little time supervised which was given to me as punishment for reporting abuse when i have no record or history of ever being abusive or harmful to my child and also proof have not seen my son in 4 years, because judge believes ex follows order so she dismissed my motion, blocked me from returning again. My order says alot to the harm this judge has done to my son and I. If we have judges not obeying or being force to stick or follow these laws in place, that is where the problem is. These laws will happen and i pray they get voted in for the betterment of children. Also shared parenting max time with both parents is crucial in child over all development speaking as a teacher. No judge should be ruling for sole custody only on very extreme cases with proof from professional intervention this is needed. a child has the right to love and be with both parents equally
Dear VA Courts of Justice (House & Senate): All related matters should be heard jointly, not different times/sessions. It’s 21st century and imperative to comprehensively revamp this code. Its current language sets for arbitrary, capricious, and subjective ways. It’s necessity to meticulously examine the incentives at play. Marriage involves two, while divorce requires only one. Childrens’ Constitutional rights are violated by this and similar statutes, conflicting with Amendments 1, 5, and 14th. Despite good intentions, the legal process often falls short of the desired codes. Simply, best interest of a child is a 50/50 arrangement with both parents. While protections maybe warranted, it is crucial to emphasize that the US Code takes precedence over state codes. Essential to combatting false accusations and the misuse of legal processes. Implementing measures that deter and penalize false allegations, including false police reporting and perjury, is necessary to uphold constitutional rights and statutory provisions, with time loss and time given. Northern Virginia Parents United, >90 parents facing similar issues in family (JDR), circuit, Appeals, and Supreme Court proceedings, witness fundamental due process denials and violations akin to 18 U.S.C. Section 242. Such infringements lead to constitutional rights violations and the non-upholding of US and Virginia Codes. This situation is causing irreparable harm to children, necessitating urgent action to prevent prolonged suffering. Parents seeking protection for their children, per 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA), often face punishment. Courts neglect their own rules, like Va. Supreme Court Rule 5:13, failing to enforce orders, lack a preponderance of evidence, zealous prosecutions, involving FOIA'ed emails from police, Commonwealth, and the Defendant, violation of 18 U.S.C. §242, facilitating children across state lines, as per Code §18.2-49.1. The Center for Rights and Protection of Children proposes bills in bipartisan support address violating Va. Code §20.124.2 & .3 "Best interests of a Child" and (non)enforcement of court orders and codes, Va. Code §20-146.1 Chapter 7.1. UCCJEA, and Va. Code §18.2-49.1 per BOYD, JR. V. COMMONWEALTH OF VA, Va. Ct.App. (2020). The plea is to apply codes consistently, protecting children's rights and ensuring equality for all parties as the initial basis for custody. Watch & read: https://www.youtube.com/watch?v=BudeCZ8d7_A https://erasingfamily.org/ & "Erasing Families" from children's perspective https://www.youtube.com/watch?v=KLCsbtS9dUA&feature=youtu.be https://parentingopinions.com/why-children-need-both-parents/#:~:text=Research%20has%20shown%20that%20children%20raised%20in%20two-parent,the%20benefits%20they%20bring%20to%20a%20child%E2%80%99s%20development GALs: https://casetext.com/case/bonhotel-v-watts https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976. Please review cases like Va Supreme Ct #240049 (VAC0883-23-4) & #230358 (VAC1336-22-4) that exemplify instances where and how legal process appears to deviate from the Constitution, codes, rules, and case law such as KEEL VS. KEEL, VA SupCt (1984); as Protection Orders are given away like candy lacking a standard of preponderance of evidence (physical in particular), many with ulterior motive per COMMONWEALTH OF Va V. AMOS, Va. SCt. (2014) & U.S. V. MORGAN, (1954). Thank YOU, NVPU
As a mother that faced horrible abuse from domestic violence that included the abuse of my children, I needed options here in Virginia. There was no early intervention and we could not find safety and help. Since that time, I now understand how concerning the numbers are with state intervention and what happens to families in court. We are called by our oaths to hold up the protections of both the United States and Virginia Constitutions to protect the God given rights of citizens. Anyone that looks at the numbers of abuse, exploitation and harm done to children can not deny there are better ways to support families in crisis and ensure safety. The situation is complex. Yet there are ways to stop the harm and abuses of agencies, lawyers and judges. There are ways to build a better system that protect children and transition families safely through crisis. We can ensure best laws are in place to allow this to happen. I am asking for a YES on HB890 & HB766. This is a start and part of improving what is being done. We need 50/50 custody as a default, and we need highly train individuals that have the least amount of retraumatising and exploiting both parents and children. We must work to stabilize the longevity of family for the best interest of children. Covering up abuse, erasing parents and putting children in greater risk of long term addiction, abuse, exploitation, health issues, mental health issues and suicide are not the best outcomes. We can and must do better. Please vote YES on HB890 & HB766, and lets build better intervention for family crisis that decreases the harm and increases the success of family transition. This is not a partisan issue. This is an American issue that is effecting children. We must find ways to de-weaponize and de-incentivize our system to anything beyond securing family and ensuring the long term health of children. Education those working with families in crisis to stabilize and find the most optimal environment is vital. "YOUR HELP is needed to achieve a “YES” vote from the House Courts Justice committee to pass HB890 and HB766. HB890- dictates that judges must ensure a shared parenting model- providing both parents optimal parenting opportunities with their children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts” It is the position of the Center For the Rights & Protection Of Children that evidence clearly shows that children benefit from a loving and safe mother and father- both parents in their lives. As long as abuse and neglect are not factors of concern, each parent influences the well-being and safety of their children in different but valuable ways. Restricting a child from a loving and safe mother or father may lead to consequences affecting their health, education, personality, and future success." Center For the Rights & Protection Of Children
I urge the Subcommittee members to vote YES to HB 766 as amended and NO to HB 890. Children's best interests should always be kept the primary focus in custody matters. The courts need to be trained more on family violence and coercive control. Those involved in custody matters should be true experts in domestic violence and understand its complex dynamic and very harmful effects to children and families in Virginia. Domestic violence and coercive control takes many forms and are often insidious. There have been too many children and families severely impacted. Parents' rights cannot be increased at the cost of their children's health and safety.
For over a decade an unlicensed psychological intern testified in hundreds of cases in Fairfax, Arlington, Loudoun and Prince William. She testified in criminal cases and took children from parents. The VDHP Board of Psychology had her sign a consent order admitting to every accusation brought by parents against her. Unfortunately, only a few parents were even aware. The Board could only deny her a license. Since she never had one they had nothing to take away. With no statutory authority they could not publish her name nor could they refer her to law enforcement. State Police fraud investigators had no cooperation from locally elected Commonwealths attorneys. Several elected prosecutors had used this same false expert, Jennifer Shaw of the Gil Clinic, in their own prosecutions. Hundreds of families have been harmed. Children have been taken from parents without any criminal accusations or police investigations. No judge should have power to arbitrarily deny a parent's rights without evidence based on known perjury and fraud. Even after her hearings before the Board, Jennifer Shaw, of the Gill Clinic in Fairfax continued testifying as an expert in court. The VDHP Boards should have authority to give notice to judges and courts in circumstances where they uncover egregious fraud. No one can explain how this blatant crime took place in multiple courts for over a decade. Many lawyers are and were aware of her fraudulent practice. They knowingly purchased her testimony on behalf of their clients thus conspiring to commit fraud and suborning perjury. Attorneys who relied on her testimony were either incompetent or colluding. Several Judges even allowed Shaw to testify from the Gallery thus avoiding qualifying as an expert. Counsel in my case, Douglas Bywater, specifically instructed Shaw not to provide records. Even after Shaw’s lack of a license was acknowledged by the court, she was not held in contempt nor prosecuted for over 15 years of unlicensed practice. In my case the Judge, Fiore, ordered the GAL that he had personally appointed, Molly Newton not to inquire about Shaw’s lack of license. Each time Dr. Shaw saw a client, without supervision, she is violating Virginia law. Every time Shaw appeared in court she was committing perjury. My own counsel, Blankingship and Kieth, refused to report her to the VDHP and dropped me as a client when I filed that report myself. The Commonwealth of Virginia should embrace justice and due process rather than woefully remain a an ignorant backwater, where crimes against parents are perpetrated in the very courts where they seek redress.
I am writing in favor of this bill. Please vote yes. We need shared parenting in the best interest of the child. My granddaughter has been traumatized by the court system. Our maternal side has been completely removed from this poor child's life. This includes her wonderful mom, brother, grandparents, cousins , aunt and uncle. There was never any evidence of abuse. The judge decided to award the ex-husband sole custody with his family consisting of himself, an estranged sister and grandparents that live out of state. Judge completely ignored the experts in the case CPS and a psychotherapist that all said the mother should not be taken out of her life. Where is the best interest of the child?There are so many studies that show clear evidence that children benefit from a loving mother and father- both parents in their lives. This child has gone from a vivacious loving child to a fearful lost child that needs immediate resolve of this horrible situation. Please vote yes.
My name is Ekaterina Antipova (4th grade teacher at one of the private schools) residing in Fairfax County, VA deeply concerned about how children in the US are impacted by the issues related to domestic violence, custody, alienation. We need to pass this bill. This bill is informing the judges of the mental health crisis that is taking place and impacting our children. I know many cases where children from divorced parents started taking drugs because children could not be with loving and caring parents. We do not need barriers that prevent children from seeing loving parents. We need to have a healthy society and children should not suffer. I am a member of the Center for the Rights and Protection of children. Other parents are also like minded parents who understand that children should be able to see their family members Let me know how I can support delegates like you who deeply care about the future of the country, communities and children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts” HB890- dictates that judges must ensure a shared parenting model- providing both parents optimal parenting opportunities with their children. HB766 - specifies that judges must order a thorough evaluation of child abuse and domestic violence concerns by a skilled evaluator, which does not have to be a forensic evaluation. It also dictates that judges of the JDR, Circuit and appellate courts must receive trauma focused training in areas of child abuse, domestic violence as noted: “ i) child sexual abuse, (ii) physical and emotional abuse of a family or household member, (iii) implicit and explicit bias, (iv) coercive control, (v) the impacts of domestic violence on children, and (vi) victim and perpetrator behaviors to magistrates and judges of the juvenile domestic relations district courts”
Hi. Similar bills should be heard jointly. I'm a co-founder of the NVa. Parents United. I seek to provide further details in person. VA should be 50/50 legal and physical custody and enjoined with BOTH parents >1 hour of the children. Code 20.124.2 & .3; any exception, eg Domestic Abuse must have verificable physical proof to aoid falsehoods for custody and other ulterior motives. Regarding GALs &others https://casetext.com/case/bonhotel-v-watts & 2017 cases over turned with abuse of authority https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Ad3aeccf8-0d9a-34fd-9f6e-dd9d781ea976 14th amendment and assurance of 42 U.S.C. Section 1303 (f) and 42 U.S.C. 106(b)(2)(B)(xviii) of the Child Abuse Prevention and Treatment Act (CAPTA) Visitations BOYD, JR. V. COMMONWEALTH OF VIRGINIA, Va. App. affirmation No. 1681191 (2020). 27 cases overturned https://www.tandfonline.com/doi/full/10.1080/15379418.2019.1613204 See also this link https://www.vacourts.gov/courts/cib.pdf on the Court Structure (graphic) that it excludes the fact that the Virginia Bar is an entity of the Virginia Supreme Court - near the bottom - "Uniform Rules and Practices -- Uniformity of practice is regarded as a vital element for the development of a sound judicial system." Uniformity is seriously lacking today in our courts of abitrary, capracious, and subjective bought opinions. In mercy and plea for children and families, please see attached three (3) suggestive 2024 bills via the Center for Rights and Protection of Children (CRPC) that naturally would require your dedication in effort of bi-partisan support and sponsorship in assurance of children's rights and their protection, especially with more and more children being taken across state lines and destroying families per Va. Code § 20.124.3 Best interests of a Child and its interference of such enforcement of the courts orders, constitution, statute and case laws such as Keel vs. Keel, Va. SupCt. (1983) (not upheld by VA SupCt Justice), Va. Code § 20-146.1 Chapter 7.1. Uniform Child Custody Jurisdiction and Enforcement Act and Va. Code §18.2-49.1 per Robert Boyd, Jr. v. Commonwealth of VA, Va. Ct.App. (2020) and others to protect children's rights and equally for all parties. NVa. Parents United, >90 parents growing and we have had meetings over the past years with several parents who experience the similar issues, parents with in the JDR, circuit court, appeal proceedings are often denied fundamental due process and witness to violations like that of 18 U.S.C. Section 242, resulting in the violation of their constitutional rights. This dire situation is causing irreparable harm to countless children, who deserve to grow up in safe and nurturing environments with both parents. URGENT need for action cannot be overstated, as every delay prolongs the suffering of innocent children. This includes parents being punished for seeking protection of their children as required reporting under 42 U.S.C. Section 1303(f) and 42 U.S.C. 106(b)(2)(B)(xviii) (CAPTA). Please see the middle section https://www.linkedin.com/posts/trward_antitrafficking-children-childrensrights-activity-7152379678731751425-AWmG Random acts of kindness https://lnkd.in/d-DDffTa & https://lnkd.in/gYWJbrsC https://www.linkedin.com/feed/update/urn:li:ugcPost:7153416274314760192?commentUrn=urn%3Ali%3Acomment%3A%28ugcPost%3A7153416274314760192%2C7155405374173433856%29 Thank you
Del Earley's bill seems to merely make a cosmetic change from 'visitation' time to 'parenting' time. The Del. is unaware, apparently, how often judges abuse their discretion in both the legal and obvious practical sense. Judge Lisa Kemler in the Alexandria court is one such example. She routinely takes away parental rights and abuses va code 20-124.3 by allowing court officers, with whom she is overly cozy, to simply declare the non-preferred litigant as "abusive" for it to be done. We need a new definition of abuse, and less judge control in family court law matters. JDR court is a hot mess, and badly needs reform.
Please vote "NO" to HB 890. The stress that my son must endure from going back and forth every other week is not in his best interest. He now has less friends and more anxiety from juggling two homes. My son loves both of his parents but feels lonely having to go back and forth so much. It is hard to maintain friendships and juggle two separate lives. The schedule has also created a financial hardship and an unbalanced financial weight on the parent who spends more on the child. There is nothing in place that makes both parents split reasonable cost so I spend more on my son’s necessities. I pay for clothes, shoes, haircuts, tutors, most of the car insurance, all of the health insurance. The shared custody has created more chaos than peace in our lives.
Please vote "NO" to HB 890. The stress that my son must endure from going back and forth every other week is not in his best interest. He now has less friends and more anxiety from juggling two homes. My son loves both of his parents but feels lonely having to go back and forth so much. It is hard to maintain friendships and juggle two separate lives. The schedule has also created a financial hardship and an unbalanced financial weight on the parent who spends more on the child. There is nothing in place that makes both parents split reasonable cost so I spend more on my son’s necessities. I pay for clothes, shoes, haircuts, tutors, most of the car insurance, all of the health insurance. The shared custody has created more chaos than peace in our lives.
Hello, My name is Jessica Powell. I am a mother of 4, I have lived in the wonderful state of Virginia my whole life. I am a former Private School Principal who now stays home full time caring for my children and I am also an advocate for the Safe Parents Coalition. I have to make my concerns for this proposed bill known. Please read a very shortened version of my story and concerns below. I am open to conversations, live testimony or any clarification that is needed. Thank you in advance for taking the time to read them. I appreciate the difficult task you all have to decide such life altering policies, but I beg you to truly think about the families that this would impact so negatively. As someone who has had to navigate the family law courts for the last 6+ years reading this bill brings literal tears to my eyes. What a step back this would be for and already broken system. My children’s other parent has an extensive criminal background that includes assaults, drug and alcohol related charges and 2 convictions of DUI. He was also charged and convicted with domestic violence against myself for beating me and dragging me around our house in front of our then 3 year old children. Because of Virginia’s first offender treatment program my abuser has no record of an official conviction of domestic abuse. Unfortunately, that wasn’t the only incident. Like many victims of abuse, I hid a lot. I would stay home until the bloody lips and bruises healed or cover them with long sleeves and pants. I finally left for good, but the abuse continues through the children and through the court system. They beg not to go, they cry, they come home with injuries, bruises, terrible stories, and fear. Their spirit is broken. No one listens to us. No one has protected us. I sometimes find myself regretting leaving because now I cannot protect my children when they are court ordered to go to their other parents house. It is already extremely difficult for safe parents to fight for their children’s rights. The focus needs to remain on the children’s best interest. Not the parents. The courts already have the power to grant maximum custody time to each parent based on best interest of the child factors. There is already a lack of protection for children. Laws are already outdated for abuse. This bill makes if even more difficult for safe parents and their children to be protected. Look at the research. Putting a limit on time abuse can be considered? Only considering what falls under the outdated legal definition of abuse? This would be detrimental to the child who is screaming they don’t want to go to the other parent because they aren’t safe. It mutes their already muffled voices in this incredibly broken system. Most of the families in the court system have a background of high conflict and complex issues that requires knowledge of such. Most of the families that would benefit from a bill like this settle before getting to court. HB890 puts a one size fits all approach to a topic that is FAR from a one size fits all. Again, the court already has the power to grant the maximum custody they see fit for both parents. This bill would cause an incredible amount of burden and harm to the already struggling families that are trying to navigate through the family court system to prove the best interest of the child. For the families and especially the rights of children, please vote NO for HB890.
Please vote "NO" to HB 890. I have experienced this exact scenario as my child's father works out of state for 1-4 months a year. I experienced psychological and verbal abuse from my own father in my childhood and my child's father created the same atmosphere for my daughter and myself in his home. Despite my pleas for help in preventing physical, psychological, and verbal abuse to my child by her father that would affect her for the rest of her life, our first GAL stated that my child should be with him the majority of the time since I had to work a normal 40-hour work week and he had nothing to do during the week for the majority of the year. This poor decision on her behalf caused my child mental health trauma that she has been in counseling for in order to try to repair the damage that was done. This decision has been financially costly due to having to retain another attorney to try to reverse everything to the best of her ability and due to the ongoing play therapy sessions. After interviews and testing, a psychologist came to the conclusion that my child's father would pose a risk to my child's health due to his lack of care in ensuring her health and safety. HB 890 has failed every time it has been introduced. The Virginia Bar Association's Family Law Coalition, Virginia Sexual and Domestic Violence Action Alliance, and Virginia Poverty Law Center have opposed it every year. Until the Commonwealth of Virginia passes laws that define domestic and family abuse to include psychological abuse, coercive control, and financial abuse, such a bill should absolutely not be passed. Yes, children should be with both parents as much as possible, when both parents are mentally healthy. But healthy parents who are capable of being reasonable and civil do not end up in litigation - they make decisions in the best interest of their child(ren) without having to step foot in a courtroom. The majority of former spouses or partners do not end up in family court. A child's right to a healthy and stable home should always be the priority in family court adjudication, not a parent's right to the child.
HB893 - Attorneys appointed to represent parents or guardians; qualifications and performance.
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Alexandria is a vibrant city based on history, culture, a waterfront and lots of tourism. If Virginia has money and space to build an arena then you have money and space to build new schools. Our school system is deplorable. It’s overcrowded. Think of your citizens before thinking about your quick money grab that eventually leads to an inevitable loss. We don’t want or need an arena. This is pure greed.
My caseload consists primarily of court-appointments from Juvenile and Domestic Relations courts. I serve as a guardian ad litem for children and (in separate matters) as counsel for parents in child dependency cases. There are several times when as Parent's Counsel I would have been able to provide better preparation to my clients and to save the Court time during hearings if I had had more training targeted to serving parents in Child Dependency Cases. Although I am confident that attorneys who serve as guardian ad litems can also adequately represent a parent's interest in child dependency matters (See language from 1.F., "On or after July 1, 2025, no person currently serving or accepting appointments from a court in the Commonwealth as a guardian ad litem for children shall be appointed to represent a parent or guardian in a child dependency case."), I support HB893 in other respects and feel that it would serve the public and the court system to provide this training for attorneys serving as Parent's Counsel.
Decades ago, when I first started representing Departments of Social Services, the pay provided to court-appointed counsel and guardians ad litem was insufficient. Since then, it has not increased even at a rate to match inflation. The courts find it difficult to get attorneys willing to do the work, and those who are willing must take on heavy case loads. It is long past time for the Commonwealth to support them and make their compensation reasonable. To be clear, this bill does not benefit me directly, but as counsel for DSS's I see the need for competent, dedicated, and fairly compensated attorneys to be on the other side of cases that I handle.
As a national expert in child welfare policy and practice, with over a decade of experience in the Administration for Children and Families, Children's Bureau, and as a former foster parent in Fairfax County and volunteer parent advocate in Alexandria City, I am writing in strong support of this bill which promotes equity and justice for children and families involved in Virginia's child welfare system. Data is clear that Virginia does not achieve positive outcomes for children and families. Extremely low reunification rates and high rates of emancipation demonstrate that Virginia's system does not rightly prioritize safely preserving family connections which are key for long-term well-being of children. Federal case review data also indicates that only 14% of Virginia parents had their needs appropriately assessed and had needed services provided after their child was placed in foster care. Without robust legal representation, parents will not experience justice in a system often set against them from the start. I have personally witnessed numerous situations in which VA's system did not follow its own policies and procedures and parents had no recourse. This is particularly concerning when what is at stake is the severing of parent-child connections and the loss of parental rights. As a parent advocate I have witnessed VDSS unnecessarily remove a healthy, nursing baby from her mother and refuse to ensure that mother could visit often enough to feed and bond with her baby. Without legal representation and strong community support fighting VDSS, this mother would have permanently lost her rights to her child despite the fact that there were no safety issues with the mother. As a result of this mother's traumatic experiences in VA, after being reunified with her child (which only occurred because she had an attorney willing to do the hard work of appealing her case) she moved to another state. It is a shameful reality that a state as great as Virginia treats its most vulnerable citizens in this way, effectively chasing them out of the state they called home. We can do better and I believe HB893 is an important step in that direction. I have done this work for over 20 years, with over half of that time assessing child welfare systems across the country. There are states that are doing a much better job than Virginia is in ensuring high quality legal representation for parents, and implementing innovative and effective practices such as multi-disciplinary teams. It is time that Virginia joins these states in ensuring justice, safety and well-being for its citizens. Thank you for your thoughtful consideration of this important matter.
HB896 - Deferred or installment payment agreements; exempt from payments if sole income is Social Security.
HB898 - Forensic Science, Department of; laboratory procedures, requirements regarding DNA profiles.
HB926 - Unlawful dissemination or sale of images of another; penalty.
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.
HB956 - Misdemeanor; maximum term of confinement.
HB972 - Defendant; prohibiting inquiry into immigration status, notification of consequences.
HB986 - Notaries; raises amount a notary may charge.
HB994 - Marriage; establishes legal age to be 18 years.
While the current marriage age in Virginia is 18, dangerous loopholes in the law allow 16-and-17-year-old emancipated minors to be entered into marriage and 16-and-17-year-olds to be emancipated for the purpose of marriage. These loopholes became law in 2016. Previously, 16-and-17-years-olds could be entered into marriage with parental consent, and children age 15 or younger, with no minimum specified, could be entered into marriage with parental consent in case of pregnancy. Though the 2016 law was a good first step, these new loopholes must be closed. HB994 eliminates these dangerous loopholes and ends child marriage in Virginia once and for all. Emancipation is intended for children who cannot be reunited with their parents and so need some limited rights of adulthood to navigate the world independently until they turn 18. Minors do not need marriage to navigate the world independently. The limited rights emancipated minors receive specifically exclude engaging in activities that could be harmful due to their age, such as buying alcohol and tobacco. As marriage before 18 is a harmful practice and categorized by the U.S. Department of State as a human rights abuse, it definitely should be excluded. Since the limited rights emancipated minors receive exclude rights with constitutional or statutory age requirements, emancipated minors and advocates working with them often are unclear on which rights they have. It is unclear, for example, whether an emancipated minor can enter a domestic violence shelter. Emancipated minors also often have a hard time accessing even the rights they do have. Imagine, for example, how a landlord would feel about renting an apartment to a 17-year-old, even one who is emancipated. An emancipation exception to the marriage age also opens up the terrible possibility that minors will be forced to emancipate so that they can be forced to marry, especially since the law allows for emancipation for the purpose of marriage. Minors being coerced into marriage may fear familial violence should they refuse to comply, or they may be physically or emotionally manipulated into an unwanted marriage. Because of this fear, no minor that we, or our allies, have ever worked with notified the court they were being forced to marry when there was a judicial review process in place. A minor being emancipated for the purpose of marriage would have little to no recourse to prevent the marriage due to their limited legal rights. An emancipation loophole also removes one of the only options AHA and other advocates have to help girls whose family plans to take them overseas for a forced marriage. Currently advocates can help such minors to emancipate, but advocates cannot do that if emancipation means the parents can marry off the girl without taking her overseas. Marriage before 18 is a human rights abuse that destroys American girls' health, education and economic opportunities and significantly increases their risk of experiencing violence. These devastating impacts do not disappear if we stamp "emancipated" on a girl's forehead. AHA has worked with victims facing child marriage from across the U.S. Virginia should not participate in child marriage or make it legally possible for parents to force minors to marry. The solution is simple: eliminate the dangerous loophole in the marriage laws that place the minors of Virginia at risk of exploitation and abuse and vote YES on HB994.
Mr Chair, Members of the Committee, My name is Bobbee Cardillo, representing the Zonta Club of Fairfax County, Zonta International District 3 and the Zonta Club of Hampton Roads. Zonta Is an international women's rights organization founded in the US over 100 years ago. We currently partner with UNFPA and UNICEF USA on a Global Programme to End Child Marriage in 12 countries in Africa and Asia. 193 countries including the US have recognized child marriage as a human rights abuse and have committed to ending it by 2030. In the US, child marriage has many negative impacts: -Child brides are more likely to be victims of domestic violence. Young girls 16-19 face intimate partner violence at almost 3X the national average. --They are more likely to experience mood and anxiety disorders including major depression and have 23% more medical issues in their lives --70-80% of such marriages end in divorce --child marriage increases the likelihood of long-term poverty.. 31% more likely to live in future poverty and and teen mothers who divorce, the number doubles. We recognize that VA improved our laws re child marriage in 2016. However, the current law still allows emancipated minors of 16 and 17 to marry. The harms just mentioned may occur whether th minor is emancipated or not. Child marriage has been eliminated in 10 of the 50 states in the last 6 years. We wish VA to be the 11th and respectfully urge you to pass HB994.
Attached.
Virginia House of Delegates - Courts of Justice Committee Bill Number: HB 994 Marriage; establishes legal age to be 18 years. The Honorable Chair Hope, Vice Chair Simon, and the Honorable Members Watts, Sullivan, Delaney, Maldonado, Hernandez, Cousins, Reaser, Thomas, Callsen, Keys-Gamarra, Kilgore, Leftwich, Ballard, Williams, Batten, Cordoza, Arnold, Davis, Obenshain, Earley: I strongly support HB 994 (ends child marriage). I would like my position noted for the legislative record. I would like to Submit the Written Testimony attached.
As a survivor of forced marriage, I am in support of HB 994 and have provided my testimony, attached. No child should ever be married. It is in most cases statutory rape and is considered a war crime by the Hague. Let's change this harmful practice. This is my mission. Thank you for bringing this legislation to vote and for potentially leading the way in America.
While the current marriage age in Virginia is 18, dangerous loopholes in the law allow 16-and-17-year-old emancipated minors to be entered into marriage or 16-and-17-year-old-minors to be emancipated for the purpose of marriage. These loopholes became law in 2016. Though the 2016 law was a good first step, these new loopholes must be closed. Child marriage leads to devastating and lifelong consequences and can easily be forced.
My name is Lauren Van Wagoner, and I am a survivor of child marriage. On November 3, 2006, my mom drove me to school. I turned in a research paper and I was promptly checked out of school for the day. My 21 year old boyfriend and I drove with my mother to Florida due to their more lenient laws, and I was married. I was 17 and a senior in high school. I complied with my marriage because I didn’t see another option. I thought that I was doing what was right by my religion and I felt in my heart that marriage was right for me. The reality is, I wasn’t mature enough to make that decision. As a 17 year old, I was only thinking of not having a curfew and preventing my ex husband from facing religious excommunication. I wasn’t thinking of the role that came with becoming a wife or what was best for my future. The next 12 years of my life were a horror story. I dealt with abuse, lies, and infidelity in my marriage. In 2018 my husband abused me in front of my children, and he walked out the door. For the first time in my entire life I was alone. I didn’t know what to do. I was a para at a public school, didn’t have a vehicle, and I lived in rural Kansas. I was left with 4 small children. My entire adulthood was dedicated to my household and being a mom. I found myself without any job skills or a college education. After living for 6 months on our farm without indoor running water or heat, I decided to sell the property and move to Kansas City. I went back to school at KU and eventually found financial security. Today my ex husband is in Leavenworth, serving a 14 month sentence for violating probation and making threats against the lives of women. This is the future I could have faced. My story is rare. I am one of the lucky ones. I got out of my marriage. Just like me, minors often become stuck in a cycle of poverty and abuse because they can’t escape. As you can imagine, reciting my story is painful, however, I stand and I do it again and again in hopes that one day underage girls will be safe. In hopes that I leave a better world to my own 3 daughters, one of whom is currently only 2 years younger than I was when I was wed. I am working to help bring about change on this exact issue in both Kansas and Missouri. I urge you to take action on SB 944 and to end child marriage in Virgina without exception.
Thank you the opportunity to provide written comments. Child marriage is a human rights abuse which has no place in the world and as great of a country we are which is always striving to be and do better by everyone, why do we forget our own? WHY do we forget our own children right here on our soil? Virginia needs to join in on protecting our children from this human rights abuse. Let’s end child marriage in Virginia by raising the age of marriage to 18, no exceptions and without the right to emancipation with intent to marry because that is one of the loopholes that helps to continue this horrific practice. Please vote for our children. Vote to protect our children. Vote for HB994 which would ban child marriage in the great state of Virginia. Virginia is for lovers? Well let’s start really loving our children for starters!!! Thank you.
HB1013 - Uniform Electronic Estate Planning Documents Act; permits electronic nontestamentary estate docs.
I would like to see legislators stop showing favoritism to a company who only takes fish for profit and is destroying the Chesapeake Bay. We all have a vested interest in the welfare of our local waters. We need to protect the fish that help clean up the bay and are used for food for many other fish in our bay. Please protect our Menhaden fish from over fishing and used as fertilizer or for vitamins. We have many other ways to produce these two products, without destroying a fish population.
HB1082 - Judgments, certain; debtor may petition court for restricted license.
HB1114 - Failure to appear; contempt of court, penalties.
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.
HB1126 - Persons other than ministers who may perform rites of marriage; current VA members of Congress.
HB1129 - Grandparent; petition for visitation.
The passing of HB1129 goes against the laws set forth by the Supreme Court Of Virginia. Grandparents do not have rights to custody or visitation unless actual harm from not having contact with said grandparent can be proved. Furthermore, it has been repeatedly ruled that unless both parents have been deemed unfit or have been found guilty of abuse/neglect grandparents do not supercede the rights of a parent. These are the only factors that should be considered when looking at the right of a parent to choose who is or is not allowed in their children's rights, and parents have a longstanding protected civil liberty to make decisions in childrearing without the fear of government interference. Passing this bill will greatly harm the rights of parents all across the commonwealth and undermine their decision-making on the upbringing of their children. Please see Williams v. Williams, 501 SE 2d 417 - Va: Supreme Court 1998 Bottoms v. Bottoms, 444 SE 2d 276 - Va: Court of Appeals 1994 Malpass v. Morgan, 213 Va. 393 - Va: Supreme Court 1972 for some references as to how the Supreme Court views these rights to parents. Please Oppose the passing of this bill as it goes against laws already set in place.
Please do NOT support this bill. The VA Supreme Court has already said in Williams v. Williams that a court may not interfere in the parent-child relationship by ordering visitation with a non-parent over the parent's objection, absent a showing of "actual harm to the child's health or welfare without such visitation." This legislation does not acknowledge this burden of proof that grandparents must show.
HB1146 - Address Confidentiality Program; expands to victims of child abduction.
The National Center for Missing & Exploited Children (NCMEC) submits this letter in support of House Bill 1146, legislation that will authorize child victims of abduction—and their families—to receive statutory access to the same vital address confidentiality protections that are available to other crime victims of trauma and abuse under Va. Code Ann. § 2.2-515.2. Abduction is a traumatic form of victimization for children. Similar to victims of domestic violence, sexual offenses, and stalking, child abduction survivors endure years of trauma from the victimization suffered at the hands of their abductors. Child victims of abduction may live in persistent fear that their abductors will locate and take them again. Because the most common form of abduction is a family abduction, the fear that an estranged family member could use public records to locate, contact and harm the child is very real. Address confidentiality is particularly useful in cases of family abduction where the abductor or estranged family members close to the abductor might initiate unwanted contact with a child survivor and retraumatize the child. HB 1146 empowers child victims of abduction—and their families—to rebuild their lives using the protections by ensuring that perpetrators can no longer use public resources to locate, harass and harm them. Enactment of this legislation will: 1) Place Virginia among the nation's leaders in address confidentiality protections. Jurisdictions across the country are adapting to the emerging needs of child victims and the devastating impact of abduction on children and families. Since 2022, nine (9) States enacted address confidentiality program amendments with specific provisions to enable abduction/kidnapping victims to enroll. 2) Result in minimal fiscal impact. Authorizing child victims of abduction to enroll in the Address Confidentiality Program will have minimal to no fiscal impact on the State budget but will have an inestimable positive impact on the peace of mind of these child victims. In light of the unique needs of child victims of abduction and their families and the existing services provided by the Address Confidentiality Program, NCMEC respectfully requests a favorable committee report for HB 1146. Respectfully submitted; Daton Lynch State Policy Counsel
HB1217 - Cell phone records; investigation of missing persons.
HB1228 - Virginia Criminal Sentencing Commission; court records, online access to case management systems.
HB1242 - Emergency custody and temporary detention orders; evaluations, presence of others.
Thank you for your time in considering this bill from the viewpoint of the many Virginia families dealing with a loved one’s mental illness. Please pass this bill. It provides 2 caveats to permitting others: safety risk and medical risk. The facility has taken extraordinary safety precautions by isolating the ECO subject from the rest of the facility and having law enforcement present. The ECO subject is unarmed. Mental illness agitation episodes are easily misinterpreted as aggressive and combative, and the law enforcement officer can turn it into an unfortunate criminal charge. Additionally, the very presence of a law enforcement officer can be frightening and intimidating, and worsen the episodic behavior rather than de escalating it. Alternatively, a family member experienced with the mental illness episodes and whom the ECO subject trusts can be a reassuring and calming influence. The facility has visitation policies in place and the physician is in a position to enforce them and determine if the family member is an appropriate visitor. The second caveat is medical risk. The physician is the appropriate person to determine if there is a medical risk or if the the visitor’s presence interferes with the assessment and stabilization process to determine if a detention order is appropriate. Thank you for your time reading my comments and your careful consideration of the family-oriented improvements to this bill.
HB1242 is important to help calm individuals in a mental health crisis and prevent them from further destabilization while in custody awaiting treatment. If this bill had been in effect already, it could have helped prevent the eventual death of Irvo Otieno by allowing his mother and closest supporter to be with him and calm him when he was taken to a medical facility for emergency treatment during a mental health crisis. The bill is limited to situations in which the individual being treated wants the family member to be present.
HB1248 - Debtor interrogatories; fieri facias, against whom a summons shall be issued.
HB1252 - Limitation on sentence upon revocation of suspension of sentence; technical violations.
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.
HB1263 - Abolition of juvenile fines and fees; criminal offenses.
Hb1263 vote yes. Children are not in a financial position to pay court fees and financial issues dont set them up for success
HB1264 - Traffic infractions; discretionary juvenile fines, costs, and fees.
Attached please find written testimony from Juvenile Law Center in support of HB 1264.
HB1268 - Community corrections alternative program; evaluation and diagnosis to determine eligibility.
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.
HB1372 - Notarial acts; knowledge-based authentication assessment, requirements.
HB1420 - Juveniles; adjudication of delinquency.
We support all juvenile criminal justice reform bills!
See attached.
Shared Hope supports establishing a minimum age for juvenile court jurisdiction to ensure the provision of a developmentally appropriate response.
Testimony on behalf of the National Juvenile Justice Network in support of HB 1420 establishing a minimum age of 11 years old for juvenile adjudication.
HB1427 - Fixing period of suspension of sentence; sexual abuse of a child under 15 years of age.
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.
For same reasons as HB 45, we DO NOT support this bill. Already, there are too many penalties and not enough reason to destroy anyone who may or may not have committed such a felony as Weber's bill demands. Such bills are fed by the dishonest work of the Internet Crimes Against Children Task force, who, in 35 years of feeding the jails and prisons and reaping loads of federal grant money as rewards, have rescued exactly ZERO children. Zero. This bill is not about protecting children; it is about senselessly adding penalty upon penalty and feeding the prison-industrial complex.
HB1443 - Trial by jury; contact with jurors after trial prohibited, penalty.
I strongly oppose HB1443 unless it is changed to only apply to criminal cases, where there is a constitutional right to counsel and it doesn't clearly bias the system against defendants as it does in civil cases. Pro se defendants in civil cases face enough barriers already without being literally told here that they are not allowed to do something that attorneys apparently can, as there are no clear professional canons restricting post-trial contact by attorneys with jurors or other parties. It is unclear to me what inspired the demand for this bill, but it clearly hasn't been thought through enough considering how lopsided its effect is. For some kinds of civil cases, in many parts of the state, it is nearly impossible to find a lawyer at all. The General Assembly should not be sending the signal that they are taking sides with wealthy litigants. PLEASE VOTE NO ON HB1443!
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.
HB1481 - Grandparent; petition for visitation.
I’m writing in support of HB1481. This grandparent's visitation law has been the bane of a close friend's existence since the death of her husband. This law has been used as a weapon against her. In the midst of reeling from the sudden death of her young husband, she has been subjected to her in-laws threatening and then following through legally to have unsupervised visits and vacations with her children. Her autonomy and parental rights have been not only threatened, but she has been dragged to court by her former in-laws in what is in effect an attempt to seize her children at will. This law is an especially heinous thing to subject widows and widowers to. These parents, who are in a daily struggle trying to put their shattered lives back together, have the added stress of being threatened and bullied with legal action by grandparents trying to wrench their kids away. I urge you to support HB1481 and keep parental rights where they belong, in the hands of the parents.
Hello, Delegate I'm writing in support of a HB1481, which would address problems with a grandparents' visitation law in Virginia. As it stands, the law is a threat to the rights of widowed parents to parent their kids as they see fit. As a widow, this law could affect me personally and has affected friends of mine in the widow community. I'm lucky to have a good relationship with all the grandparents in our family circle, but it pains me that current law can cause expensive legal trouble for other widows and widowers who are just trying to parent their kids through a tragedy. This is stress they do not need, and I know from experience that newly single moms who are parenting through loss simply cannot sustain more pressure. They need support, not to be in court defending their basic parenting decisions. Thank you for listening and please consider supporting HB1481.
Hello, Delegates, thank you for the chance to address you about the important issue before you in HB1481. I support this bill on behalf of myself and so many others in the widowed community, as it seeks to fix unintended consequences of a 2021 grandparents' visitation law that is now hurting my family and threatening many others. Attached is my testimony on this issue. Thank you for your time. --Mary Katharine Ham
I am asking that the bill be supported by the subcommittee and Courts of Justice committee. This should have never been a law in the first place. This bill sets right the fact that fit parents in Virginia have the right to decide who is best for their child's life. The Washington Circuit court ruled in September that the current law is unconstitutional. Please support the rights of Virginia parents by supporting this bill.
Good morning, My name is Lauren Stewart and I am a Fairfax county resident writing to urge support and passage of Delegate Freitas's HB 1481- Grandparent, for visitation. This bill is up in the Civil Sub-committee today. As a close friend of an incredible parent whose family is unjustly suffering under the very provision that this common sense bill removes, I urge you and all members of the committee to move it forward. I've seen first-hand the damage and turmoil this provision of the previous well intended, but harmful legislation has caused for my friend's family. After she tragically lost her husband in 2015 she rose to any and every challenge with impressive grace and fortitude while raising two beautiful, very happy girls. Now 8 year later, due to this provision (that this Freitas bill removes) she and her family face another challenge that drains time, money and other resources from their incredibly full life, now with 4 children & two working parents. The fact that the parents of her deceased husband are able to bring a costly legal case against two extremely fit-parents, threatening their rights as parents and their personal decisions on what is best for their children is unfathomable. It is even more dangerous for families and mothers who do not have the means, know-how or where-with all to advocate for themselves. I urge this sub-committee to move HB-1481 forward to correct this harmful provision on behalf of widow-ed mothers and all families in Virginia. Thank you very much for your consideration.
This bill goes against the laws set forth by the Supreme Court Of Virginia. Grandparents do not have rights to custody or visitation unless actual harm from not having contact with said grandparent can be proved. Furthermore, it has been repeatedly ruled that unless both parents have been deemed unfit or have been found guilty of abuse/neglect grandparents do not supercede the rights of a parent. These are the only factors that should be considered when looking at the right of a parent to choose who is or is not allowed in their children's rights, and parents have a longstanding protected civil liberty to make decisions in childrearing without the fear of government interference. Passing this bill will greatly harm the rights of parents all across the commonwealth and undermine their decision-making on the upbringing of their children. Please see Williams v. Williams, 501 SE 2d 417 - Va: Supreme Court 1998 Bottoms v. Bottoms, 444 SE 2d 276 - Va: Court of Appeals 1994 Malpass v. Morgan, 213 Va. 393 - Va: Supreme Court 1972 for some references as to how the Supreme Court views these rights to parents. Please Oppose the passing of this bill as it goes against laws already set in place.
HB1542 - Child abuse and neglect; mandatory reporters, statute of limitations, penalties.
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.
HB45 - Earned sentence credits; incarceration prior to entry of final order of conviction.
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I fully support those bills.
I fully support those bills.
I fully support these bills HB45 HB179 HB 834
I am in full support of this bill, HB45 (as well as HB834 and HB179). I feel that it incentivizes individuals to participate in programs and behaviors that will help them grow and learn. This will help them develop beneficial skills for when they are released as well. These credits are earned and not just given away to everyone who is in prison. The point of incarceration is not only to have people take accountability for their crimes but also to rehabilitate individuals who have made mistakes and allow for them to have a chance to come home to prove that they will be productive members of society.
Hb45 vote yes. Time served is time served regardless of if conviction has happened. People should get earned sentence credits for it
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
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 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
We strongly support this bill and ask you to please vote YES. No matter where a person is incarcerated, the person should be incentivized to become rehabilitated. The ESC Law has been a major success incentivizing those incarcerated to become their very best. Please vote YES for HB45.
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!
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.
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!!!
According to Prison Policy Institute, Virginia incarcerates more people than the top 10 industrialized nations (and all 50 states) combined! Therefore, ANY ability to credit anyone incarcerated for any time, should be counted toward the total sentence. I am an example of why this is needed: arrested wrongly, and convicted falsely, I served 7 months in jail for a crime I did not commit. Later, I was rearrested -- twice -- by machinations of a vicious probation officer, and spent another $500 for release -- on charges eventually dismissed as the nonsense they were. Total cost to me? OVER $250,000 FOR ABSOLUTELY nothing. So, there are already numerous inequities in the very flawed system, and this bill is a huge step toward mitigating any errors in sentencing.