I am Scott E. Peyton, Director of Government Affairs at Prison Fellowship, and I am writing to express Prison Fellowship’s support of HB 16 and HB 17. Prison Fellowship believes these measures promote accountability, public safety, and successful reentry, while upholding human dignity and using taxpayer resources wisely. We respectfully ask the committee to vote in favor of HB16 and HB17.

We need better public defenders that don’t not mind fighting for client then getting them take a plea deal young men that’s first time offenders getting sent to prison for years and there fines be so high when they out it be hard to get a job pay high fines and get on they feet they need programs to bring love ones homes to have a second chance program some of this young men went in at a young age and changed there life around and are amazing citizen but will never get a chance to show there improvement and why was parole taken away and why isn’t house arrest a opition for inmates to come home when they can be monitored by a system then sit behind bars when most times they have lack of staff to operate prison and staff are over worked we need a change

I am Scott E. Peyton, Director of Government Affairs at Prison Fellowship, and I am writing to express Prison Fellowship’s support of HB 16. HB16 requires courts to allow individuals to earn credits toward fines and court costs through community service or work performed while incarcerated. It changes community service from a discretionary option to a guaranteed alternative and applies to work performed on or after July 2020. We believe this bill reflects sound criminal justice policy that promotes accountability, public safety, successful reentry efforts, and human dignity. 

Something’s should have been looked into before and changed way before now.

Comments Document

My name is Seychell Williams, and I am the Founder and CEO of The Ruby Grant Project, a re-entry reform initiative dedicated to transforming the way returning citizens are supported as they transition back into their communities. I also serve as a Manager at Virginia Correctional Enterprises, where I lead workforce development, mentorship, and re-entry preparation for individuals preparing to return home or serving their sentence productively. Please read the following attachment regarding my support of bill HB16. Thank You

I support this bill. Out of my 15 years I’ve worked approximately 13.5 years doing jobs that people in the community get paid minimum wage and more for while I get paid 45c to do so. This work helps the prison community, DOC, and some jobs even help the outside community. We’re not asking to put the money in our pockets but for our work to have more meaning (working 14-16 hour days).

This bill is very important because this bill gives a man or woman the chance to work off fines that will have them stressing to pay after being set free - which may or may not result in more bad decisions because they feel as if they can’t get ahead. Having unpaid fines prohibits some progression moving forward, like trying to obtain a drivers license, buy, credit building, things that are needed to help a successful person stay successful.

This is personally one of the bills I support the most. One of the biggest barriers for guys to transition out of probation and parole is the fact that they have outstanding fines but have spent years working for anywhere between 1 to 3 hours a day just to make a dollar. If you’re not going to pay the population a wage proportionate to the increases in prices for items we’re charged for, then that work should at least count towards paying off those fines. The incarcerated populations’ work sustains the operations of the Department of Corrections just as much as any officer, counselor, or upper administration. On a daily basis, the DOC will not pay citizens at least a minimum wage to maintain the work handled by inmates.

Most men and women who have to pay fines cannot find work . There given a list of companies who supposedly hire felons but they do not hire they except the application but do not hire so these people have no way to actually pay money . Making community service work help pay is an excellent idea the only problem with that is finding companies who will allow you to do it . So if they broden the community services work to non profits and churches maybe even parks and rec it would give multiple choices and could be compketed successful

It is time to enact ong overdue reform in our prisons, jails, and courts.

I am Scott E. Peyton, Director of Government Affairs at Prison Fellowship, and I am writing to express Prison Fellowship’s support of HB 16 and HB 17. Prison Fellowship believes these measures promote accountability, public safety, and successful reentry, while upholding human dignity and using taxpayer resources wisely. We respectfully ask the committee to vote in favor of HB16 and HB17.

We need better public defenders that don’t not mind fighting for client then getting them take a plea deal young men that’s first time offenders getting sent to prison for years and there fines be so high when they out it be hard to get a job pay high fines and get on they feet they need programs to bring love ones homes to have a second chance program some of this young men went in at a young age and changed there life around and are amazing citizen but will never get a chance to show there improvement and why was parole taken away and why isn’t house arrest a opition for inmates to come home when they can be monitored by a system then sit behind bars when most times they have lack of staff to operate prison and staff are over worked we need a change

Something’s should have been looked into before and changed way before now.

It is already difficult when being incarcerated but to be released and everything you own is gone how do you live again . Court cost and fines are usually very high and the interest that builds on top of it makes it difficult to start all over for the most part just finding employment not having an address or vehicle is already a hinderence depending on the charges . If incarcerated any interest should be stopped because they will not allow work release if your not sentenced work release should be available to all and should be able to work to pay any fines or cost . If it retains to child support they should be forced to work release and made work until paid

Testimony from Last Prisoner Project, a national non-profit, in support of HB26.

I write in support HB 26. Virginia has made a deliberate policy decision to legalize and decriminalize certain marijuana-related conduct. HB 26 reasonably addresses the remaining question of how to treat individuals who were sentenced under prior law for conduct that is no longer criminal. The bill is narrow and careful in its approach. It does not require resentencing, does not diminish judicial discretion, and does not raise public safety concerns. It simply allows courts to evaluate whether continued punishment is appropriate in light of current law. HB 26 promotes fairness and consistency in the application of Virginia’s criminal justice policy. I urge the committee to give it favorable consideration.

My husband is currently incarcerated serving a four year sentence on a marijuana charge with the handgun. He is a model citizen and should be allowed to at least serve 50% of his time due to mandatory minimum on a marijuana charge with the weapon he is serving his full term and should be home with his family. He is a non-violent criminal and deserves to be able to serve his time honesty with at least parole or probation..

It is time to enact ong overdue reform in our prisons, jails, and courts.

Dear Chairman Hope, and Members of the Committee: My name is Justin Dean English, and I am a Policy Associate submitting this written testimony on behalf of Just Future Project in opposition to HB149 in its current form. I am deeply concerned about the process leading to this bill’s introduction and the lack of transparency presented by individuals testifying to this Committee’s members. The final report from this Youngkin-influenced, Youngkin-packed working group should garner serious consideration from all members of this committee and the public, but this is not possible. Several organizations materially or de facto misrepresented the status and origin of HB149 last Wednesday by referring to an unfinalized, unpublished report in their testimony to the Criminal Subcommittee. As explained below, this working group violated the letter and spirit of the law in testifying without transparency, which should garner massive scrutiny and doubt over the entirety of the language presented before this Committee. HB149 (2026) came from a working group enacted in 2025 by HB2252 (CHAP0657). That working group was legally mandated to submit a report to the General Assembly and the Governor by November 1, 2025. As of writing, that report has yet to be submitted to the General Assembly for consideration. Further still, no evidence in support of Governor Youngkin’s holdover language from the original bill was acknowledged by the groups testifying. That said, members of the working group testified that the bill matched their consensus and is consistent with the factual basis of their report. Just Future Project, nor any other organization not represented in the working group, cannot challenge this because the final report is not publicly available. Transparency mandated by law must be followed, not ignored. Rather than advancing fair and transparent policy, the organizations in this working group were willing to let language some members were discontent with go before the Subcommittee without any publicly-available information offering explanation as to why members publicly criticizing the language were ultimately overridden. A lack of controversy stemming from zero transparency and the unlawful withholding of a report should not render a bill non-controversial for the purposes of this agenda. The Committee should refer HB149 back to the Criminal Subcommittee, who should then: 1.) Not move HB149 onto the agenda prior to the official publication of the final report to the General Assembly. 2.) Review the report’s factual basis in relation to the bill language submitted—especially given the lack of transparency thus far. 3.) Allow for further public testimony on HB149. 4.) Meaningfully consider amendments to the existing bill language after said testimony.

The Valley Justice Coalition applauds Del Wren's attempt at incentivizing those who have served their time to continue to improve themselves and meet all the requirements of probation. However, this bill must NOT exclude anyone based on their charges. They must be judged on their present actions; not the actions of the past. Please make the necessary amendments to assure that everyone who completes the PO's requirements are eligible for an early release from probation.

Something’s should have been looked into before and changed way before now.

Women Against Registry (who has many members living in Virginia), believes in a justice system that recognizes people’s capacity for growth and change, and that supports rehabilitation after a person has fulfilled their obligations to society. Policies that extend supervision long after an individual is unlikely to reoffend do not make communities safer; in fact, research consistently shows they can be destabilizing and increase the risk of harm. HB149 undermines its own rehabilitative purpose by excluding broad categories of people based solely on offense labels through its reference to Virginia Code § 19.2-303—exclusions that are not grounded in evidence, but in fear and long-standing bias. It is deeply ironic to incentivize rehabilitation while denying that opportunity to those we most want to succeed. If the intent was for this bill to apply after completion of mandatory supervision, the language must be amended to reflect that; as written, it permanently excludes many people based on past convictions rather than present risk. Additionally, the bill relies on vague “minimal risk” standards that leave too much discretion to probation offices without meaningful guidance from the legislature, inviting inconsistency and inequity. While well-intentioned, HB149 does not yet reflect the values of fairness, accountability, and redemption that should guide our laws, and it requires significant revision before moving forward.

Thank you for considering this important issue that impacts our communities. I support HB149 because I'm aware of the important role played by probation officers, and that this resource is frequently spread too thin. If we allow early termination for individuals who demonstrate sustained compliance, it would allow our probation officers to increase their time and attention on individuals who pose the greatest need and risk. I'm also aware that individuals on probation face obstacles when seeking employment, and research shows that obtaining employment significantly reduces the likelihood of re-offending. If we make it easier for people who have served their sentences to find jobs, our communities will be safer.

HB 149 is a common sense measure that reduces costs, enhances public safety, and most importantly, gives returning citizens the ability to rebuild their lives and contribute to their communities in a positive way. Probation, particularly excessively long probation, continues to punish people who have already completed their sentences in a facility. If someone is complying with the terms of their probation and making sustained progress toward education, employment, and any necessary treatment for substance abuse or mental health, they should be able to EARN early termination. This allows probation officers to reduce supervision of lower-risk cases and focus their attention on individuals who posed the greatest need and risk, enhancing public safety. This bill also reduces costs in a fiscal climate where we should be spending money to give people a hand up, not continuing to push them down. Without the endless restrictions of probation, individuals can be better contributors to our economy, communities, and families. This bill provides courts and probation officers with another tool to improve supervision outcomes and enhance community safety.

Comments Document

I am Scott E. Peyton, Director of Government Affairs at Prison Fellowship, and I am writing to express Prison Fellowship’s support of HB149. With nearly 50 years of experience encountering Jesus with men and women behind bars, Prison Fellowship® is a leading national voice shaping the public debate on justice. We mobilize Christians and equip policymakers to advocate for federal and state justice reforms that advance proportional punishment, constructive corrections culture, and second chances. Our guiding principles are rooted in the biblical call to seek justice, love mercy, and restore hope. Community supervision is a core public safety function. Individuals on probation are serving their sentence in the community, not in custody, and their conduct directly affects neighborhoods, workplaces, and families. Effective probation is not leniency; it is structured accountability with enforceable conditions and swift response to noncompliance. Having served for more than a decade as a probation and parole officer in Louisiana, I saw firsthand that when supervision resources are spread too thin, risk management suffers. The availability of early termination for individuals who demonstrate sustained compliance allowed officers to reduce supervision of lower-risk cases and focus time and attention on individuals who posed the greatest need and risk. This legislation advances public safety by formalizing that common-sense approach. Excessively long probation periods can create unnecessary roadblocks for individuals who are otherwise complying with court-ordered conditions. For example, individuals who remain on probation often face greater difficulty securing employment, as employers may be hesitant to hire someone currently under supervision. Research consistently shows that obtaining employment significantly reduces the likelihood of reoffending and early termination, when appropriate, supports successful reintegration and safer communities. Experience from other states reinforces this approach. At least 19 states, including Texas, Florida, and Missouri, offer mechanisms that allow individuals on probation to earn early discharge based on sustained compliance. After adopting such policies, Missouri saw no increase in recidivism while its supervised population declined by approximately 18 percent. These outcomes demonstrate that early termination can safely reduce caseloads while preserving public safety. A justice system that aligns with mercy acknowledges that transformation is possible, while preserving accountability and judicial discretion. This bill provides courts and probation officers with another tool to improve supervision outcomes and enhance community safety.

Probation has been an issue for years most people who are on probation don't have a license to drive but are forced to be there in other states probation officers come to the home for visits . Also probation can become a problem when you do find employment that you would have to leave during your shift in which can cause a person to lose their jobs there are no offices open over the weekend or late after hours for some who may work second or third shifts . Drug testing should only be done if you have been charged with a crime of drugs . Violations from other counties if you have probation in more then one county it should all be put on one not having multiple counties involved if you violate every county is notified and you are charged by all that it self is double jeopardy.

There are MANY injustices in the criminal justice system. Most of the cards are in the prosecution's hands. As someone unjustly prosecuted and whose conviction was secured by impermissible deceit, I know that reducing time under probation's thumb is the first real step toward getting on with one's life. This is an excellent start, and Del Wren Williams is to be commended for understanding that there should be more discretion in reducing probation, and the outsized control of the DOC and probation officers.

I am writing in support of the earned sentence credit bill HB361 and the robbery bill HB 244. I believe any time spent incarcerated should be under the approved earned sentence credit and should be calculated accordingly. Each jail has their own system and then VADOC has its own system. By unifying how earned sentence credits are calculated ensures that the adults in custody are not held unjustly and prevents confusion, and possible law suits. As a former VADOC employee, it is extremely confusing and frustrating for both staff and inmates alike attempting to figure out what the jail’s policy on earned sentence credit is. It also causes inaccurate calculations and double work by time computation employees at VADOC because they have to continually recalculate time based on what the jail sends them. By unifying the system, those incarcerated are given fair sentencing and helps eliminate possible law suits for the Commonwealth. In regards to HB 244, I understand that robbery can be traumatic for a victim. However, if no weapon is used and no victims are physically harmed, it cannot be considered a violent crime. To classify it as such is unconstitutional. A violent crime can only be committed when violence occurs. If a person walks up to someone and says give me all your money or I’ll hurt you, but they don’t, then no violence has been committed. Sex offenders get less time than those convicted of robbery without violence or a weapon. I support second chances and I think it is crucial to the strain on our prison system and tax payers to sentence these offenders to the proper length of time and allow them to earn the proper earned sentence credit. Thank you for your time and consideration.

Something’s should have been looked into before and changed way before now.

I support this bill because it brings fairness and consistency to Virginia’s robbery laws by recognizing that not all robberies involve the same level of violence. It ensures that the harshest penalties are reserved for the most serious offenses, while lower-level robberies are treated more proportionately. The bill also allows individuals convicted of lesser robbery offenses to qualify for earned sentence credits or compassionate release in appropriate cases, which supports rehabilitation and responsible use of resources. By applying certain changes retroactively, Virginia acknowledges past sentencing practices were overly harsh and takes a balanced, humane step forward without compromising public safety.

This bill addresses a long-standing need by meticulously aligning existing, and at times archaic, provisions within the Virginia Code with a contemporary, degree-based classification system. The comprehensive clarity introduced by HB244 holds profound implications, not only for the consistent and equitable adjudication of future cases but also for individuals whose past convictions were determined under less precise or undifferentiated statutory language, the ramifications of which continue to impact their lives today. By explicitly delineating the various classifications of robbery offenses and ensuring their uniform interpretation across the Code, HB244 endeavors to create a truly transparent and standardized legal structure. This refined framework will facilitate its consistent application throughout the judicial system and enable meticulous and accurate review processes, including those pertaining to post conviction proceedings and resentencing. My endorsement of HB244 is rooted in its clear commitment to promoting the principle of proportionate justice, mitigating legal ambiguities, and establishing a robust foundation for the re-evaluation of historical adjudications against modern legal benchmarks. This initiative represents a vital step towards enhancing fairness and consistency within Virginia's criminal justice system.

Virginia’s robbery statutes must be modernized to ensure that sentencing is proportionate to the actual harm or threat involved in an offense. HB244 creates a fairer framework that distinguishes between different levels of robbery, preventing the over-sentencing that often severs family ties and hinders successful reentry. S4JR supports this reform as a way to prioritize human-centered justice and accurate accountability over "one-size-fits-all" punishment.

Criminal acts should have consequences, but these consequences need to be in proportion to the act committed. This house bill will provide clarity and more definition to the various degrees of crime and ensure that the punishment fits the crime. I also believe that incarceration should offer rehabilitation and give those convicted opportunity to learn, grow, and most of all prove with changed behaviour that they understand the consequences for crimes and also that they have been able to make positive changes while incarcerated and adhere to rules and good behaviour. There does need to be further distinction between violent and non violent crimes and this bill will offer those who, although they chose to commit a crime, did not endanger lives or include weapons while doing so. The key element of this this bill, in my opinion, is the opportunity for inmates to earn the sentence credits. It is not a guarantee of an earlier release, but a chance to demonstrate growth and to prove that there has been rehabilitative change prior to release.

I am writing to you to express my strong support for House Bill 244. This legislation is a necessary and logical step in refining Virginia’s criminal justice system to ensure that our laws are consistent, clear, and proportionate. In 2021, the General Assembly took the important step of establishing degrees of robbery to better reflect the varying levels of severity in these offenses. However, many other parts of the Virginia Code still reference "robbery" broadly, without distinguishing between these degrees. HB 244 corrects this by conforming those references to the established degrees. ​I support HB 244 because: ​ It Ensures Fairness in Sentencing: By limiting certain "acts of violence" classifications to the higher degrees of robbery (First and Second Degree), the bill ensures that harsher legal consequences are reserved for the most serious offenses. It Provides Legal Clarity: Consistency across the Code of Virginia is essential for judges, attorneys, and the public. This bill removes ambiguity in how robbery-related crimes are prosecuted and classified. It Completes Previous Reforms: This is a vital measure that ensures the intent of the 2021 robbery reforms is fully realized across all administrative and judicial functions of the Commonwealth. ​A just legal system requires that the punishment fits the crime and that the law is applied uniformly. HB 244 would see Virginia move closer to that goal. I urge you to support this bill.

HB 244 is undeniably a step in the right direction, signifying a commitment to a more just and rational legal system. However, its purpose will only be fully achieved if its benefits extend to those presently navigating an outdated and potentially disproportionate framework. Incorporating a retroactivity clause will not only solidify the bill's positive impact but will also affirm the General Assembly's dedication to consistent and meaningful justice for all.

Robbery should not have a higher sentence then murder . Not knowing the circumstances behind a person who commits the crime .I know someone serving 30 years for a robbery charge he was basically forced to do the crime by an older friend the friend didn't go to prison but the younger gentleman did he had no way to speak for himself and couldn't fight the charges because he didn't know ow how that should not be a reason to force someone into 30 years taken away

It is time to enact ong overdue reform in our prisons, jails, and courts.

HB245 Behavioral Health Docket Act helps both society and individuals with a mental illness. It would allow more defendants who could benefit from the supervision and services of a specialized mental health court to participate. It does not change current requirements that the prosecution, defense, the defendant and the judge all must agree that participation is a preferred option in an individual case, and that the defendant can be helped by completing the rigid requirements of the program. Behavioral Health Dockets have demonstrated success across Virginia. Having retired from working in both the criminal justice and behavioral health systems, I have seen this success and strongly support the bill.

When my husband was charged, he spent months in jail simply because we could not afford bond. With this extra jail credit, he could come home a few months sooner. His mother is elderly and ill, and this would give him precious time to be with his momma while he still can.

It is time to enact ong overdue reform in our prisons, jails, and courts.

I am a resident of Arlington, VA (22203), and I am writing to you today to share my support of criminal justice reforms for the Commonwealth of Virginia I know that the Virginia General Assembly has been working on these issues and made substantial progress in recent years, only to see the legislation vetoed by our previous conservative governor. However, November’s elections brought a hopeful change to the Commonwealth. It is my hope that beginning this year that progressive change can become a reality in the Commonwealth. Mass incarceration is a particularly significant problem in Virginia. According to data compiled by the Vera Institute of Justice, in 2015 Virginia had locked up almost 60,000 people, an increase of nearly 300% since 1983.  Virginia ranked first among Southeast states in jail population per capita and third in prison population per capita. This measure, along with many other important considerations before this committee will help reform our justice system and reduce the mass incarceration currently in our Commonwealth. Thank you!

Members of the General Assembly, I respectfully submit this comment in strong support of HB193 and to recommend a complementary oversight mechanism to address instances of judicial noncompliance with Virginia sentencing law. HB193 is a necessary and measured response to a documented breakdown in compliance following Fishback v. Commonwealth (2000), which required juries to be instructed that parole had been abolished. When legally mandated procedures are not followed, the legitimacy of the resulting sentence is compromised. HB193 does not provide automatic release; it simply allows parole consideration in cases where the sentencing process itself was flawed. That approach reflects fundamental fairness and respect for the rule of law. In addition to supporting HB193, I urge the General Assembly to consider establishing an independent review and notification mechanism for cases in which judges sentence outside Virginia’s sentencing guidelines without articulated reasons, or where patterns of noncompliance are later identified. By way of example, in the case of Sterling Graham, an Alford plea was accepted for an 18-year sentence, after which the presiding judge imposed additional life sentences without documented justification for the departure from the guidelines. That judge was later removed from the bench. However, the individual directly affected by the sentencing irregularity was never notified or provided a mechanism for review. Regardless of the ultimate merits of any single case, this illustrates a serious systemic failure: when judicial misconduct or noncompliance is identified, there is no structured process to review impacted cases or notify affected individuals. Sentencing guidelines exist to promote consistency, proportionality, and public confidence. When those guidelines are disregarded without explanation—and when subsequent findings raise concerns about a judge’s conduct—justice requires more than silent correction at the institutional level. It requires transparency and a pathway for those harmed by such failures to be informed and, where appropriate, seek review. A limited oversight committee or review body would not undermine judicial independence. Instead, it would: * Identify patterns of unexplained guideline departures * Refer cases for appropriate review where systemic issues are found * Ensure affected individuals are notified when judicial noncompliance may have impacted their sentence HB193 reflects the principle that legality in sentencing matters. A complementary oversight and notification mechanism would reinforce that principle and help ensure that when the system fails, those failures are acknowledged and addressed—not buried. For these reasons, I urge the General Assembly to support HB193 and to consider additional safeguards that promote accountability, transparency, and fairness in Virginia’s sentencing system. Respectfully submitted, Tonya Wright Wisdom’s Embrace 757-309-1733

I am writing in support of the earned sentence credit bill HB361 and the robbery bill HB 244. I believe any time spent incarcerated should be under the approved earned sentence credit and should be calculated accordingly. Each jail has their own system and then VADOC has its own system. By unifying how earned sentence credits are calculated ensures that the adults in custody are not held unjustly and prevents confusion, and possible law suits. As a former VADOC employee, it is extremely confusing and frustrating for both staff and inmates alike attempting to figure out what the jail’s policy on earned sentence credit is. It also causes inaccurate calculations and double work by time computation employees at VADOC because they have to continually recalculate time based on what the jail sends them. By unifying the system, those incarcerated are given fair sentencing and helps eliminate possible law suits for the Commonwealth. In regards to HB 244, I understand that robbery can be traumatic for a victim. However, if no weapon is used and no victims are physically harmed, it cannot be considered a violent crime. To classify it as such is unconstitutional. A violent crime can only be committed when violence occurs. If a person walks up to someone and says give me all your money or I’ll hurt you, but they don’t, then no violence has been committed. Sex offenders get less time than those convicted of robbery without violence or a weapon. I support second chances and I think it is crucial to the strain on our prison system and tax payers to sentence these offenders to the proper length of time and allow them to earn the proper earned sentence credit. Thank you for your time and consideration.

Something’s should have been looked into before and changed way before now.

When my husband was charged, he spent months in jail simply because we could not afford bond. With this extra jail credit, he could come home a few months sooner. His mother is elderly and ill, and this would give him precious time to be with his momma while he still can.

Thank you for considering this important issue that impacts our communities. I support HB361 because it's not uncommon for it to take a long time for a case to progress to sentencing, and incarcerated people have no control over this timeline. Being able to earn credits while awaiting sentencing encourages good behavior and participation in educational programs. This practice would also reflect good stewardship of taxpayer resources because we would spend less money on incarcerated individuals who are taking an active role in their rehabilitation. To me, it seems fair that time spent in jail should count regardless of whether it occurs before or after a sentencing date.

I urge the committee and house to support HB361. In a justice system designed to punish instead of rehabilitate, there are few incentives for good behavior and program participation other than Earned Sentence Credit (ESC). Individuals who are incarcerated prior to their final sentencing deserve to earn the same ESC credit as they do in the days after their sentencing. Without this change, Virginia is punishing individuals for a timeline they do not control. Even on the FASTEST possible timeline including a plea agreement, sentencing takes a minimum of six months. Currently, six months to sentencing means spending 60 days longer in confinement. Most sentencing processes take much longer. This costs taxpayers real money. We are paying to confine people longer who have no disciplinary issues and are seeking to better themselves by participating in programs. What could possibly be gained from that? HB 361 will ensure that every day of confinement counts toward a person’s earned credit calculation, provided they meet the requirements. Please apply these changes retroactively, ensuring that those currently in the system are treated equitably under this updated standard.​

On behalf of the Virginia nonprofits organization Resource information Help for the Disadvantaged and Disenfranchised (RIHD) member ship, we support HB361 Earned sentence credits; incarceration while awaiting trial or pending an appeal.. We ask that you vote “yes” to move this fair, and necessary bill forward. Thank you

Written Testimony Submitted by Keyosha Farris on Behalf of Demetrius Kidd.... To the Honorable Members of the Courts of Justice Criminal Committee: My name is Keyosha Farris, and I am submitting this testimony on behalf of my partner, Demetrius Kidd, who has been incarcerated in Virginia for over 15 years. While he is unable to attend today, he has asked me to share his perspective regarding the proposed Earned Sentence Credits bill. Demetrius strongly supports policies that allow incarcerated individuals to earn credits for positive behavior, participation in rehabilitation programs, education, and work assignments. After more than 15 years in prison, he has firsthand experience of how such programs can inspire accountability, personal growth, and hope. Earning sentence credits is not just about reducing time served; it is a meaningful incentive that motivates people like Demetrius to continue engaging in educational, vocational, and therapeutic programs. It also helps maintain connections with family, strengthens rehabilitation, and encourages a safer, more productive environment within prisons. Demetrius respectfully asks the committee to consider the human impact of this bill. Supporting earned sentence credits can foster transformation, reduce recidivism, and create real opportunities for individuals who have committed to change ultimately benefiting both incarcerated individuals and the wider community. Thank you for your time, attention, and consideration of this testimony. Respectfully, Keyosha Farris, submitting on behalf of Demetrius Kidd

My husband is currently serving time for a probation violation. I would love to see this bill pass so he could come home to his family

To whom this may concern, My husband, Jamar Shelton has been incarcerated since the age of 17 for a crime he did not commit (allegedly at the age of 16). A few weeks after his 18th birthday, he was sentenced as an adult, to 50 years with 25 years suspended and probation for life upon release. (Again for a crime he did not commit) His life will be hard even after his release but he deserves a chance to be home with his wife and the opportunity to start building a family together. My husband is now 39 years old, he has spent 22 of those years in Virginia state prisons (all across the state). Throughout his sentence he has maintained good behavior, he mentors others, stays out of the way and attends classes when available. (And when pods aren’t on lockdown) He remains humble, is always kind to others, and deserves to be home. If this bill passes, my husband could be home and we can begin building our family before it’s too late! Thank you for your time! Mrs. J Hope

I am writing in support of Virginia House Bill 361. My perspective comes from personal experience. My loved one has been incarcerated within the Virginia Department of Corrections for 17 years. During that time, he has spent long periods confined under conditions and policies that offered no opportunity to earn sentence credits — despite consistent effort, good behavior, and personal growth. HB 361 is not about excusing past mistakes. It is about fairness. Time served is time lived, and individuals should not be denied earned sentence credits simply because of when their incarceration occurred or circumstances beyond their control. After 17 years, I have seen how denying earned credits deepens hopelessness while recognizing effort encourages accountability and rehabilitation. I respectfully urge you to support HB 361 and help ensure Virginia’s sentencing system reflects fairness, humanity, and modern justice principles. Thank you for your time and consideration. Respectfully, T Faye

I support this bill because it’s just the right and fair thing to do. If someone is sitting in a jail, hospital, or juvenile facility waiting for trial or an appeal, they’re still locked up. They’re away from their family, can’t work, and are living under strict rules every day. That time isn’t imaginary—it’s real punishment—and it should count when their sentence credits are calculated. This also matters for people who stay in jail simply because they can’t afford bail. Two people charged with the same crime shouldn’t end up serving different amounts of time just because one had money and the other didn’t. That’s not justice—that’s inequality. At the end of the day, this bill doesn’t let people off the hook. It just makes sure the time they’ve already paid with their freedom actually counts, encourages good behavior, and uses taxpayer money more wisely.

Our loved ones are in the process of rehabilitating themselves! With the help and support of family & friends we are helping them reintegrate into the world. Please allow this credits to be passed. These men are fathers, brothers, sons, uncles, grandchildren, please allow them to come home sooner versus later and begin to become productive working citizens!

Hello, my loved one is one of the unfortunate inmates housed at River North Correctional Center. His release date that DOC calculated never included 14 months of working time that he worked everyday in Henrico Jail that he was supposed to have 15 days knocked off his sentence time. Instead he got into some trouble while asking for medical care, which the charges were later reversed , but he got sent the Western Region prision system and shoulf essentionally probably even be released with time served had the time he had been promised had been added to his sentence. Alot of inmates have worked hard with jobs and programs for self improvment while incarcarated and to give them the time off that they worked for is what they deserve. Please consider this bill to allow those who are serious about their rehabilitation to return to their loved ones sooner. They worked for this right.

Dear Honorable Legislators, My name is Brianna Woods, and I am writing to express my strong support for HB361. This legislation is deeply personal to my family and has significant implications for fairness and justice within the Commonwealth of Virginia. My husband, Lamont Woods, was held in the Henry County Jail for three years while awaiting the completion of his trial before being transferred to the Virginia Department of Corrections. Despite this substantial period of incarceration, he does not currently receive credit toward earned sentence credits for that time served. This outcome is inconsistent with the original intent of the Earned Sentence Credit bill, which was to ensure that all time served is treated equitably. While incarcerated, my husband has worked diligently to better himself. He has remained active in our children’s lives, followed institutional rules, maintained good behavior, and participated in programs designed to support rehabilitation. Earned sentence credits exist to incentivize exactly this type of conduct and to prepare individuals for successful reintegration into society. Denying credit for time already served undermines this goal and discourages meaningful rehabilitation efforts. Opponents of this bill argue that reducing sentences diminishes accountability and disregards the impact on victims and their families. However, accountability and rehabilitation are not mutually exclusive. The purpose of incarceration is not solely punishment, but also rehabilitation, personal growth, and the eventual return of individuals to society as responsible and law-abiding citizens. Recognizing time already served does not negate accountability; rather, it promotes fairness, consistency, and the effective use of earned sentence credits as the law intended. For these reasons, I respectfully urge you to support and pass HB361. This bill represents a fair, just, and balanced approach to sentencing that benefits not only incarcerated individuals and their families, but the broader community as well. Thank you for your time, consideration, and service to the Commonwealth. Sincerely, Brianna Woods

​To the Honorable Members of the House/Senate: ​My name is Annuteaka Harris, and I am writing to express my strong support for HB361. This legislation is a vital step toward ensuring fairness within our justice system, particularly for individuals like my husband, Winston Harris, who are working diligently toward successful reentry. ​The Earned Sentence Credit (ESC) program is a cornerstone of rehabilitative policy. It provides a powerful incentive for incarcerated individuals to maintain positive behavior, adhere to facility procedures, and complete educational and vocational programming. However, a significant gap currently exists: many individuals serve months or even years in local jails awaiting trial or transfer before their credits are applied. ​I urge you to support HB361 for the following reasons: ​Standardization and Fairness: Currently, the amount of time an individual spends in jail versus a state facility is often a matter of administrative timing rather than the nature of their offense. HB361 ensures that all qualifying time served is treated equally, regardless of where the individual is housed. ​Incentivizing Positive Behavior: Jail environments can be unpredictable. By applying ESCs to jail time, we encourage individuals to begin their rehabilitation immediately upon entry, rather than waiting until they reach a state facility. ​Accountability: This bill is about the legislature following through on the intent of the ESC program—rewarding those who do the hard work of bettering themselves behind bars. ​The justice system should reward accountability and growth. HB361 ensures that the rules are applied fairly to everyone who has earned their credits through good conduct and hard work. ​I respectfully ask for your "YEA" vote on HB361. Thank you for your time and for your dedication to the citizens of Virginia. ​Respectfully, ​Annuteaka Harris

When arrested for a crime and held in custody, the days served waiting for trial etc count towards any sentence later given. As inmates within the Department Of Corrections are given the opportunity to earn sentence credits through good behaviour and engaging with programs, it should follow that the sentence credits include the time served prior to sentencing. If this time is considered part of the sentence itself, it makes sense that the conditions imposed during time within DOC also apply to the entire sentence. This is not a guarantee of an earlier release, but further motivation and opportunity for inmates to use their incarceration for rehabilitation and to prove that changes in behaviour have been made prior to release. This house bill will also ensure that sentences and time served are accurately and fairly calculated. For example, conpare two inmates (assuming the same crime/sentence/good behaviour while in DOC) if one inmate spent 24 months awaiting trial and the other spent 10 months, their release dates would differ which does not afford each person fair and equitable treatment. This house would rectify this issue.

Currently, the way sentence credits are applied means individuals who are incarcerated prior to their final sentencing do not receive the same incentives for good behavior and rehabilitative progress as those already in the state system. HB 361 addresses this by ensuring that every day of confinement counts toward a person’s earned credit calculation, provided they meet the behavioral requirements. ​I support this legislation for several key reasons: Promotes Fairness: It ensures that an individual’s ultimate release date is based on the total time they have been incarcerated. Encourages Positive Behavior: By making credits available during the pre-trial and appeal phases, we incentivize individuals to engage in productive behavior and follow facility rules from the moment they enter the system. Reduces Overcrowding: Recognizing time served more accurately helps safely transition individuals back into the community, reducing the fiscal and administrative burden on our local and state correctional facilities. Retroactive Justice: I particularly support the provision to apply these changes retroactively, ensuring that those currently in the system are treated equitably under this updated standard. ​HB 361 is a common-sense step toward a more transparent and just system. I urge you to support this bill when it comes before your committee and on the House floor.

My husband is currently incarcerated serving a four year sentence on a marijuana charge with the handgun. He is a model citizen and should be allowed to at least serve 50% of his time due to mandatory minimum on a marijuana charge with the weapon he is serving his full term and should be home with his family. He is a non-violent criminal and deserves to be able to serve his time honesty with at least parole or probation..

HB 193 (Extending parole eligible/ post fishback/ sentence after June 9, 2000. In these turbulent times, it is crucial that you as Virginia lawmakers make things right. By doing so you will be correcting many wrongs to individuals who have made a mistake and find themselves behind bars which could be anyone of us. I am writing to ask you to Vote Yes for HB 193. Lay people are sometimes not aware of changes, but our judges are informed about any changes in criminal justice and they already know what they have to do, be transparent when giving instructions to the jury about the life of an accused individual. Everyone that is committed to prison is not bad people but just need to be reminded they are human beings and they have a responsibility to society. Once they have shown for years they have come back into their real self and demonstrate fundamental change by having the same routine day in and day out. This request is in accordance with the Fishback v. Commonwealth, 260 Va. 104 (2000) in which the Supreme Court held that a jury should be instructed on the fact that parole has been abolished for a felony committed after January 1995, and can prove the preponderance of the evidence that a jury was not instructed on the fact that parole has been abolished, there are individuals that remain behind bars for the same offense on July 2025. Their annual evaluation says a lot about how an individual has changed or not. Thank you. Lorrene Crowell

I strongly support House Bill 361 because it addresses a basic issue of fairness in Virginia’s sentencing system. People who spend months or even years in jail before being sentenced or while waiting on an appeal are already serving real time. That time is credited toward their sentence, yet under current practice, it often does not earn earned sentence credits, even though the person was confined the entire time. HB 361 recognizes a simple truth: time served is time served, regardless of whether it happens in a jail or a prison. Denying earned sentence credits for jail time unfairly extends incarceration for reasons completely outside an individual’s control. No one should serve longer simply because their case took longer to resolve. This bill does not eliminate accountability or compromise public safety. It ensures equal treatment, accurate sentence calculations, and basic fairness. Passing HB 361 would correct an unjust gap in the law and affirm that Virginia values consistency, transparency, and humane justice.

HB361 We are compelled to draw attention to a critical procedural issue currently impacting the administration of earned credits within our correctional system. It has been observed that the Department of Corrections is initiating the accrual of these vital credits based on an undefined "custody responsibility date." This interpretation of policy leads to individuals being detained for periods exceeding their legally mandated sentences, often by several weeks or even months, consequently undermining the explicit provisions of established law. To rectify this systemic discrepancy and ensure robust adherence to statutory mandates, the expeditious enactment of legislation concerning earned sentencing credits (ESC) for jail time is not merely advisable, but critically essential. This legislative measure is specifically designed to bring the Virginia Department of Corrections practices into unequivocal compliance with the clear language of existing statutes. Its implementation will guarantee that earned credits are accurately applied from the legally stipulated commencement date, thereby preventing any further instances of unlawful over-detention. It is paramount to recognize that this reform represents a fundamental imperative, not a discretionary option. Its passage will enforce the unambiguous intent of the law, fostering a framework of fairness, consistency, and legal accountability in sentence calculations across the entire Commonwealth.

It is time to enact ong overdue reform in our prisons, jails, and courts.