Hello my name is Edwin F. Brooks and I handle criminal cases statewide. I have been asked to submit a comment since I am not feeling well today. I am in support of a uniform bill for the provision of discovery. Two years ago, I handled a case in Henry County Circuit Court. The Assistant Commonwealth's Attorney assigned to the case refused to email or even mail discovery. She stated that it was office policy that all attorneys drive to the office and personally pick up discovery. She would not even agree to me sending my client or another intermediary. I had to be the one who picked up and signed fore the discovery. I drove 3 and one half hours there to find that the responsive documents were two pages and a fifteen minute email that could have been transmitted via email. The office staff allowed me to ensure the video worked before I drove the 3 and one half hours back to the Richmond area. This experience was completely absurd and underlines the need for a statewide requirement for electronic discovery.

Comments Document

Thank you, Delegate Watts and members of the committee for taking the time to consider how to improve access to specialized health care for survivors of sexual assault. 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. Virginia faces a challenge: how to collect evidence of a sexual assault when there are not enough trained nurses to come to every survivor. Sexual Assault Nurse Examiner (SANEs) undergo specialized training in the collection of forensic evidence, which has been shown to improve successful outcomes in sexual assault prosecutions. Further, trained SANEs provide trauma-informed support to victims during the invasive, often hours-long, forensic examination. These specialized nurses greatly influence the justice process for survivors of sexual assault and provide sensitive medical care in a moment of crisis for their patients. There are simply not enough Sexual Assault Nurse Examiners in the state. This means not just that survivors of sexual assault who want medical care have to wait for a SANE to become available, it also means that the SANEs themselves are working tremendous hours and for court are having to drive hours to reach all the places that need their services (mileage they often have to cover themselves). We applaud the efforts undertaken by Virginia to support survivors of sexual violence. In fact, under § 32.1-162.15:3 Virginia requires all hospitals to provide rape victims with forensic medical treatment or transfer to a facility capable of such treatment when they present for a sexual assault examination. This means each of the more than 150 hospitals in the commonwealth should have access to a trained SANE. However, not every facility has a SANE on staff. In 2019, the legislature’s Joint Commission on Healthcare released a study that showed only 200 trained SANEs in Virginia out of 93,902 licensed registered nurses. With such a shortage of trained SANEs, a solution is needed to ensure survivors in rural and underserved areas can access the care they need. HB2088 creates an option so that in facilities where a SANE cannot be present, medical professionals can access knowledgeable SANEs through telecommunications who can guide them through these difficult, often hours-long examinations. The bill also ensures that the court will accept evidence collected through these telemedicine exams. The same Commission study recommended establishing training standards for SANEs in Virginia. This is accomplished in HB 2088 by establishing the Virginia Forensic Nursing Advisory Council. Furthermore, this bill will help address the costs posed by travel for SANEs. HB 2088 ensures that thousands of victims of sexual assault get the medical assistance they need while providing law enforcement with evidence to resolve investigations. This bill would expand access to forensic medical exams and accomplish recommendations made by the Joint Commission on Healthcare. We ask for your support in favor of this legislation. Thank you for your continued leadership and for supporting victims of sexual violence in Virginia. If we can provide insight or offer resources, please let us know.

Comments Document

Thank you, Delegate Sickles and members of the committee for taking the time to consider how to improve access to specialized health care for survivors of sexual assault. 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. Virginia faces a challenge: how to collect evidence of a sexual assault when there are not enough trained nurses to come to every survivor. Sexual Assault Nurse Examiner (SANEs) undergo specialized training in the collection of forensic evidence, which has been shown to improve successful outcomes in sexual assault prosecutions. Further, trained SANEs provide trauma-informed support to victims during the invasive, often hours-long, forensic examination. These specialized nurses greatly influence the justice process for survivors of sexual assault and provide sensitive medical care in a moment of crisis for their patients. There are simply not enough Sexual Assault Nurse Examiners in the state. This means not just that survivors of sexual assault who want medical care have to wait for a SANE to become available, it also means that the SANEs themselves are working tremendous hours and for court are having to drive hours to reach all the places that need their services (mileage they often have to cover themselves). We applaud the efforts undertaken by Virginia to support survivors of sexual violence. In fact, under § 32.1-162.15:3 Virginia requires all hospitals to provide rape victims with forensic medical treatment or transfer to a facility capable of such treatment when they present for a sexual assault examination. This means each of the more than 150 hospitals in the commonwealth should have access to a trained SANE. However, not every facility has a SANE on staff. In 2019, the legislature’s Joint Commission on Healthcare released a study that showed only 200 trained SANEs in Virginia out of 93,902 licensed registered nurses. With such a shortage of trained SANEs, a solution is needed to ensure survivors in rural and underserved areas can access the care they need. HB2088 creates an option so that in facilities where a SANE cannot be present, medical professionals can access knowledgeable SANEs through telecommunications who can guide them through these difficult, often hours-long examinations. The bill also ensures that the court will accept evidence collected through these telemedicine exams. The same Commission study recommended establishing training standards for SANEs in Virginia. This is accomplished in HB 2088 by establishing the Virginia Forensic Nursing Advisory Council. Furthermore, this bill will help address the costs posed by travel for SANEs. HB 2088 ensures that thousands of victims of sexual assault get the medical assistance they need while providing law enforcement with evidence to resolve investigations. This bill would expand access to forensic medical exams and accomplish recommendations made by the Joint Commission on Healthcare. We ask for your support in favor of this legislation. Thank you for your continued leadership and for supporting victims of sexual violence in Virginia. If we can provide insight or offer resources, please let us know.

I am an attorney and the Director of the Center for Global Justice at Regent Law School. We run a Clinic representing human trafficking survivors in submitting vacatur and expungement petitions. Our Clinic represented the first survivor to have part of her record cleared pursuant to the current vacatur law. Note that only PART of her record was eligible even though all convictions were the direct result of being trafficked in our Commonwealth of Virginia. That continues to be the case with most of our Clinic clients - they were forced to not only sell their bodies for sex (and give the money to their exploiter), but also forced under threat and intense coercion to steal, to lie, and to hold or use drugs (provided by their trafficker). Vacatur is only effective in helping survivors move forward with life - finding housing, reasonable employment, gaining custody, going back to school - if more offenses are eligible. National statistics support this move, showing most traffickers force upon victims a broader array of criminal activity - primarily theft, fraud, and drug use. As a former Assistant Commonwealth's Attorney, I recognize the varied viewpoints on the finality of criminal records. I also know, as someone who has represented the Commonwealth in court countless times, that we must acknowledge the true nature and intensity of the force, fraud, and coercion exhibited by traffickers. We uphold justice by allowing survivors this pathway to relief and meaningful rehabilitation. Thank you Margaret "Meg" Kelsey mkelsey@regent.edu

Dear House Courts of Justice - Criminal Committee, My name is Dr. Megan Gerbracht and I am a clinical psychologist who works with survivors of sex-trafficking in Virginia. I am a member of the Virginia Coalition Against Human Trafficking and Board Member of Reset180, a Virginia based non-profit organization that serves human trafficking survivors. I am writing today in support of HB2227. Most individuals who have experienced sex-trafficking in particular do not ultimately survive the experience. Because of murder, suicide, overdoses, and other violence they endure, the average life expectancy of a sex-trafficking victim is seven years. The individuals I have served in therapy, those we support in our non-profit, and the incredible survivor-advocates I am privileged to work alongside have all beaten those odds. Once a survivor manages get out of the life of trafficking, they face not only unbelievable Complex Post Traumatic Stress Disorder including symptoms like flashbacks, nightmares, and panic attacks, but other complex medical and economic challenges as well. The barriers to reenter society are many for these individuals who have already suffered so much. Because of the domination and intimidation tactics traffickers use, victims are often forced to commit various other crimes by their traffickers leading them to have a host of misdemeanor and felony charges on their records even once they are free from their trafficker. Trauma Coerced Attachment also occurs between a trafficker and the victim because of the systematic behavioral control traffickers exert, leaving some victims with an experience like Stockholm Syndrome. Leaving one's trafficker and that way of life is not only unlikely but it is unbelievably difficult. Staying out is another significant challenge, as evidenced by high recidivism rates. Trying to rebuild a life for yourself and your children is infinitely more difficult with a criminal record that precludes attaining many forms of employment or finding stable and affordable housing. The legal definition of human trafficking involves force, fraud, or coercion. It is well documented that the kinds of labor and sexual acts victims are forced to commit are often illegal and varied. If a trafficker can force someone to be sexually violated for a fee , it is not difficult to imagine that they can and do force victims to commit all manner of other crimes as well. Prostitution charges have been able to be expunged in Virginia since 2021, and there is a crucial need to expand this to include a wider range of crimes that traffickers frequently force victims to commit by using that same force, fraud and coercion. The people responsible for these crimes should be held accountable and should make restitution for the damage and loss that is caused, but that should rest on the shoulders of the traffickers and not the human trafficking victims they exploit. Thank you in advance for your consideration. The passage of this bill could be truly life changing for the survivors in our Commonwealth who have already survived incredible odds and deserve to have a real chance to heal. Passing this bill will communicate that our government does not blame these victims for the abuse they have endured, but that we are committed to clearing a path for them to fully rejoin our communities. Sincerely, Megan F. Gerbracht. Psy.D. Licensed Clinical Psychologist Virginia License # 0810003894

"I am in favor of this bill, because This proposed legislation aligns with the foundational principles of due process and efficient justice administration, as underscored by the Sixth Amendment's right to a speedy trial and the Fourteenth Amendment's due process clause. By mandating that probation and parole officers act within 24 hours to three business days to report violations and request judicial action, this bill echoes the urgency for prompt legal proceedings established in cases like Barker v. Wingo (1972), where the Supreme Court emphasized the constitutional right to a speedy trial. Moreover, this bill would enhance compliance with Virginia's Code § 53.1-149, which outlines the duties of probation officers, by adding clarity and accountability to the process. It also resonates with the spirit of Morrissey v. Brewer (1972), where the Supreme Court set forth the minimum requirements for due process in parole revocation hearings, emphasizing timely notification and action. By ensuring swift reporting and judicial requests, this legislation mitigates the risk of individuals remaining in a legal limbo, as seen in cases like United States v. Salerno (1987), where the Court discussed the implications of pretrial detention. It also supports the principles laid out in Virginia's Parole Board procedures, which demand a review of parole violations within a reasonable timeframe to prevent undue delays in legal proceedings. In practice, this bill could lead to more efficient use of judicial resources, as highlighted in United States v. Booker (2005), where the advisory nature of sentencing guidelines was affirmed, suggesting that timely and clear procedures can aid judicial discretion and system efficiency. This proposal not only strengthens public safety by ensuring quick responses to violations but also upholds the rights of the accused to fair treatment under the law, aligning with numerous state and federal precedents that champion efficiency, transparency, and justice in our legal system." Thanks Lisa Fraser

I agree with this bill which outlines a procedure for the arrest of probationers, parolees, or felons on postrelease supervision without a warrant, specifying a timeframe for service of process. Here's why: Timely Notification: By requiring probation or parole officers to notify the local attorney for the Commonwealth and the clerk of court within 24 hours but no later than three business days, this bill ensures prompt communication, which is critical for maintaining the integrity of the supervision process, similar to the emphasis on timely judicial proceedings in Barker v. Wingo (1972). Accountability: This legislation increases accountability by mandating that officers provide documentation of violations, like the PB-15 or major violation report, ensuring that there is a paper trail for review, aligning with transparency principles upheld in Gagnon v. Scarpelli (1973) regarding due process in probation and parole revocation. Legal Efficiency: The requirement to request a capias or bench warrant from the circuit court within this timeframe helps streamline the legal process, reducing delays in addressing violations, which reflects the efficiency concerns in legal proceedings discussed in Strickland v. Washington (1984). Protection of Rights: Ensuring that the process is initiated quickly helps protect the rights of the probationer, parolee, or felon by avoiding prolonged detention without formal legal action, resonating with the protections against unreasonable detention in Gerstein v. Pugh (1975). Judicial Oversight: The involvement of the circuit court in issuing warrants ensures judicial oversight, preventing arbitrary or prolonged detentions, and upholding the principles of judicial review as seen in Morrissey v. Brewer (1972). Clarity in Procedure: This bill provides clear procedures for handling violations, reducing confusion and ensuring consistency in how these cases are managed across different jurisdictions, which is in line with the need for procedural clarity in United States v. Salerno (1987). Public Safety: By setting a prompt timeline for legal action, the bill contributes to public safety by ensuring that violations are dealt with swiftly, potentially reducing the risk of further criminal activity, similar to the public safety considerations in United States v. Montalvo-Murillo (1990). I support this legislation for its emphasis on timely notification, increased accountability, legal efficiency, protection of individual rights, judicial oversight, procedural clarity, and contributions to public safety, all of which enhance the fairness and effectiveness of the supervision system for probationers, parolees, and those on postrelease supervision.

I agree with this bill which sets out criteria for reducing a defendant's supervised probation period in Virginia. Here are my reasons: Incentivizes Positive Behavior: By offering probation reduction for completing educational activities, maintaining employment, and complying with treatment programs, this bill incentivizes defendants to engage in positive, constructive behaviors, aligning with rehabilitation goals similar to those discussed in Morrissey v. Brewer (1972). Promotes Rehabilitation: The criteria like completing mental health or substance abuse treatment support the rehabilitative aspect of probation, which is crucial for reducing recidivism, reflecting principles from United States v. Booker (2005) where individualized sentencing was emphasized. Encourages Stability: Securing housing, health insurance, or a healthcare plan promotes stability in the lives of defendants, which is beneficial for their reintegration into society, supporting the community-based approach to corrections seen in Griffin v. Wisconsin (1987). Judicial Discretion: Allowing courts to decrease probation periods without a hearing if it's in the interest of justice provides judicial flexibility, ensuring decisions can be tailored to individual circumstances, much like the discretion discussed in Koon v. United States (1996). Efficiency in Legal Process: The ability to reduce probation without mandatory hearings could streamline the judicial process, reducing court backlogs and administrative costs, echoing the efficiency concerns in Felker v. Turpin (1996). Reduces Overcrowding: By incentivizing early termination of probation through positive actions, this bill could help reduce the probation population, addressing issues related to supervision overload, similar to the prison population concerns in Brown v. Plata (2011). Supports Social Integration: Criteria like obtaining housing and maintaining employment directly support the social integration of individuals on probation, fostering a more productive return to community life, which aligns with the reintegration focus of Pell v. Procunier (1974). I support this legislation for its focus on rehabilitation, encouraging positive behavior, promoting stability, judicial discretion, process efficiency, reducing probation population, and supporting social reintegration, all of which contribute to a more effective and humane criminal justice system.

Good afternoon, Delegates. Thank you for allowing me to appear before you today. I am here to advocate for the passage of vacatur bills HB 2227 and HB 2393. My name is Desiree Trail, and I first want to express my gratitude to Delegate Mundon King, Delegate Cherry, and Delegate Delaney for sponsoring these bills, as well as to all members who have been supportive. I am a 54-year-old disabled single mother and a survivor of human trafficking. I serve as a survivor leader, public speaker, and consultant with Global Centurion, the Virginia Coalition Against Human Trafficking, the PD16 Human Trafficking Task Force, and the Central Virginia Justice Initiative here in Fredericksburg, Virginia. I have conducted training for federal and local law enforcement, and my survivor story can be found on the Department of Justice website at [DOJ Survivor Story](https://ctip.defense.gov). Several years ago, I came to testify for vacatur, but it was tabled at the last minute. This was heartbreaking, but I was encouraged by several Delegates not to give up, and I am grateful for their support. Last year, I testified for HB 1426, which Delegate Anne Ferrell Tata kindly sponsored, and SB 1147, sponsored by Senator Jennifer Boysko. I am thankful for their efforts, as we successfully passed the Virginia Human Trafficking Healthcare Training Bill. I take pride in being part of that life-saving legislation. When I say "we," I mean not only myself and members of the General Assembly but also my colleagues, survivor sisters and brothers, and advocates across Virginia who worked tirelessly on those bills. We are now asking the House Courts of Justice Criminal Subcommittee to vote yes for vacatur, which is urgently needed in Virginia, especially in marginalized communities. Virginia has received an F from Shared Hope International for its lack of support in improving the lives of human trafficking survivors and prevention. I believe we can do better this year, and I hope you agree. My charges include drug possession, grand larceny, and prostitution, as listed in this bill, as well as a child neglect charge—all accrued while I was trafficked by various drug dealers who were never prosecuted. At that time, I did not recognize myself as a victim and was trafficked on and off for years. I understand the complexities regarding the neglect charge; however, in my case, it was unintentional, and I have paid the price for over 20 years. I can attest to the pain of being denied the right to be free from the bondage of my past. I have sought vacatur status or a pardon since 2016, and it has been a great hardship for me, especially with my health issues, including Complex PTSD, depression, bipolar disorder, fibromyalgia, and neuropathy. Despite these challenges, I continue to mentor other survivors, help draft bills, and testify at the General Assembly each year for the past three years. Finding adequate safe housing has been even more difficult. The low-income community I live in is plagued by constant shootings and drug activity, which triggers my CPTSD regularly. Each time I seek better housing, I must share my story with strangers and face constant denials due to my record, which is over 20 years old. This is humiliating, and all I want is to raise my 15-year-old daughter in a safer environment.

I am an attorney and the Director of the Center for Global Justice at Regent Law School. We run a Clinic representing human trafficking survivors in submitting vacatur and expungement petitions. Our Clinic represented the first survivor to have part of her record cleared pursuant to the current vacatur law. Note that only PART of her record was eligible even though all convictions were the direct result of being trafficked in our Commonwealth of Virginia. That continues to be the case with most of our Clinic clients - they were forced to not only sell their bodies for sex (and give the money to their exploiter), but also forced under threat and intense coercion to steal, to lie, and to hold or use drugs (provided by their trafficker). Vacatur is only effective in helping survivors move forward with life - finding housing, reasonable employment, gaining custody, going back to school - if more offenses are eligible. National statistics support this move, showing most traffickers force upon victims a broader array of criminal activity - primarily theft, fraud, and drug use. As a former Assistant Commonwealth's Attorney, I recognize the varied viewpoints on the finality of criminal records. I also know, as someone who has represented the Commonwealth in court countless times, that we must acknowledge the true nature and intensity of the force, fraud, and coercion exhibited by traffickers. We uphold justice by allowing survivors this pathway to relief and meaningful rehabilitation. Thank you Margaret "Meg" Kelsey mkelsey@regent.edu