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.

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.

Chair and members of the committee, thank you. My name is Dr. Elyse Osterweil, founder of Mothers Reform Child Injustices (MRCI) and a member of the National Safe Parents Organization (NSPO), and we SUPPORT HB118 sponsored by Delegate Keren Keys-Gamarra. I am also a Korean-American mother (US natural born citizen) who was falsely accused of abducting my own child on June 6-7th 2022, while I was in the process of seeking a protective order against my ex-husband, my child’s father (white male US citizen), as per law enforcement recommendations and escalation of harrassment/violence/recklessness and mental instability of my ex-husband/father of our child. That charge resulted in 16+ days in jail, trauma-induced seizures, and complex PTSD, multiple subsequent arrests for more than two and a half years before it was ultimately dismissed based on due process violations and the improper serving of the child custody calendar control notice, motion, evidence, and order. During that time—while I was pro se at points—I was denied exculpatory discovery by the CA in Fairfax County, including one of two videos that would have proven my innocence and impeached multiple witnesses. I was never told I could inspect the evidence, nor was I provided any copies, making meaningful defense or dismissal of these false allegations impossible. At the same time, my electronic devices and major accounts were repeatedly hacked or rendered inaccessible, depriving me of emails and records essential to my defense. This was not merely stressful—it materially impaired my ability to participate in my own case. What happened to me is not isolated. An increasing number of domestic violence victims—especially protective mothers—experiencing gender-bias, racism (especially if the father is a white male), and are being denied due process, denied their parental rights, criminalized, and incarcerated for attempting to protect their children from harm from their abusive partners. When discovery is withheld and access to evidence is obstructed especially against "plaintiffs"/abusers with 10 years of documented child abuse and domestic violence, the system punishes protection and rewards abuse, punished and endangers their children, and causes another generation of preventable trauma. It is also a violation of the 2022 reauthorization Violence Against Women Act, and Kayden's Law. The Brady rule requires disclosure of evidence favorable to the accused, including impeachment material held by prosecutors or police. HB118 matters because transparency is not optional—it is due process. Please support HB118. Grateful, Dr. Elyse Lee Osterweil, Ph.D.

HB 118 is important legislation for us to pass in order to increase access to criminal justice defense and reduce prosecution chicanery. Any politician who votes against this bill will get put in the bucket of undesirable politicians.

I support this bill. As someone who went through the legal system and having a case where evidence was destroyed, statements were questionable due to suggestiveness from the detective of the case - I believe there needs to be more transparency of such evidence before going to trial. People mostly go to court with public defenders and therefore are most of the time at a disadvantage not because the PD is bad, but because they are so overworked - the attention needed isn’t always given. By law, ignorance of the law isn’t a factor in anything - so a defendant who has zero knowledge of such things can’t properly defend himself so must rely on the PD. The PD should get all relevant and necessary information that could help defend their client.

I also support this because the more access we have to evidence, the more we are able to build a proper defense. There have been times where the evidence could have proven a person's innocence but it was swept under the rug or not released in favor of something that helped gain a conviction. The whole story should be known, not only the way they want it told.

If you are accused of a crime not only should you be able to face your accuser you should also be able to see the evidence against you. I also believe that the accused should be able to be present during any and all meetings between the prosecutor and their lawyer . The accused should not be arrested and held without bond unless it has something to do with a violent crime and even then should not be housed with people who are serving a sentence even though it is in the law it is not followed .

Discovery discrepancies are rampant throughout several cases that I know of. Please pass this bill to allow for more transparency. Both sides should be able to see and request all evidence both before and after trial so that they can accurately represent their case!

We are in support of this bill instituting Counsel at First Appearance. This is working in James City County and is highly effective!

The problem with this and all of the other proposed statutory changes to the criminal code such as pregnant women not serving jail or prison time, the continued falling and failing sentencing guidelines for egregious criminal actions, forbidding plea agreements to include signing over 4th amendment rights, etc. is that none of you have actually been to jail or prison, arrested for a crime, or had a felony or prison sentence looming in your future or sat in a jail or prison cell when that door goes CLINK and locks behind you. So, you look at this as a two sided coin. Here in lies the fallacy, It is and never has been as simple as "lock them up" or "set them free" which is why after decades and decades of this debate- we are no better, no worse, just stagnate ....while millions of people and families suffer and two parties think they know best. How can I say this? As a drug addict who has been clean for 17 years, a mother, a wife and a powerfully intelligent woman who has made herself into a productive member of society and a force in the political arena- WITHOUT the program of intense cognitive rehabilitation COMBINED WITH jail accountability (break a rule- off you go back to Riverside) this program also once known as Chesterfield county Drug Court; which has now been minimized to "recovery court" where you have to use drugs 3-4 times before you get sent back to jail (so people are now dying in this once amazing program). My point being, you, me, none of us are looking at a two sided coin. We are looking at a multidimensional box, all on different sides of the room seeing a different side of the box (perspective and feelings) and without the ability to move where you are standing to see a different side of the box and change that perspective or accept it is even there and valid- you can never see that we are ALL looking at the same thing (the same box). And thus, you can never see that what has been and what you are attempting to do here will HELP NOONE, especially people caught in riptide and undercurrent of the generational criminal justice system. I am sure you have never had a once felon, now reformed, who will tell you and the public how GREATFUL they are to have been blessed with people who taught me accountability for my actions without fluff or threats, but actual black and white consequences for my actions that always ended in a day in jail or even weeks in jail -while at the same time supporting me with intensive therapy to overcome abuse and other contributing factors plus cognitive therapy treating the underlying problem no matter the offense- which is the behavior. I beg you to move your spot in the room to see a different side of the box, and recognize that the two sided coin has failed the public, families, offenders and the Commonwealth as a whole far too long

Chair Watts and Members of the Courts of Justice - Criminal Subcommittee: My name is Erin George and I am the National Director of Policy at The Bail Project. I write to the subcommittee today in support of HB 127. The Bail Project is a national nonprofit organization that provides cash bail assistance and court return support like transportation and court date reminders to low-income people across the country. Since 2017, we have supported nearly 40,000 people who return to 92% of their court appearances. Working directly with our clients and their families, we have seen first hand the difference that access to counsel at the earliest stages can make in an individual’s case, and in their ability to secure pretrial freedom. In Virginia, people detained pretrial can sit in jail for days, and in some places a week or more, before they speak to a lawyer. When they do appear in court, they often face a complex and technical hearing alone, making them more likely to be detained pretrial or face an unaffordable bail amount. HB 127 is a vital step towards guaranteeing Virginians’ constitutional right to counsel and upholding due process. Appointing defense counsel as soon as an individual's liberty is at stake increases procedural justice and efficiency, improves court appearance rates, and reduces the amount of time people spend in jail while awaiting trial. By mandating counsel at first appearance in jurisdictions with a public defender’s office, HB 127 builds upon progress already underway in the Commonwealth. Several jurisdictions across the Commonwealth are already implementing counsel at first appearance (CAFA). In Fairfax County, a CAFA pilot program limited the negative consequences of pretrial detention, reduced racial disparities in who is appointed counsel, and reduced the number of overall bond motions – alleviating stress on the judicial system. HB 127 will support these jurisdictions and encourage others to adopt the practice. Evidence from across the country also points to the success of counsel at first appearance. In Maryland, individuals provided counsel at bail hearings were 2.5 times more likely to be released on their own recognizance, 4 times more likely to have their bail amount reduced, and 2 times more likely to be released on the day of arrest. In Michigan, three county pilot programs reduced the amount of time a defendant spends in jail between arraignment and release, reduced the number of hearings, and resulted in more cases resolved at the first appearance. [1] CAFA improves not only pretrial fairness, it makes courts more efficient. Passing HB 127 is in the best interest of pretrial justice and public safety. People detained pretrial simply because they cannot afford bail and have no one to advocate for their release are at an increased risk of losing their jobs, their homes, and custody of their children, and are more likely to become justice-involved again in the future. Counsel at first appearance reduces these harms, upholds efficiency and fairness in the pretrial system, and promotes safer communities. I urge you to vote yes on HB 127. Thank you for your time. Sincerely, Erin George [1] See National Legal Aid & Defender Association, Access to Counsel at First Appearance: A Key Component of Pretrial Justice, prepared by Michael Mrozinski and Claire Buetow (Washington, DC: NLADA, 2020), 5, https://www.nlada.org/sites/default/files/NLADA%20CAFA.pdf.

Comments Document

I am Scott E. Peyton, Director of Government Affairs at Prison Fellowship, and I am writing to express Prison Fellowship’s support for HB127. At its core, HB127 reflects a fundamental constitutional principle: liberty must be safeguarded through fair and timely due process whenever it is at risk. Virginia’s Patrick Henry, a leading champion of the Bill of Rights, believed that individual liberties must be protected through clear constitutional safeguards, especially in criminal proceedings where the state's power weighs heavily against the individual. That enduring commitment to liberty through due process continues to guide our understanding of justice today. HB127 honors Virginia’s constitutional tradition by reinforcing the protections that secure liberty through fair and timely due process. By strengthening access to counsel at the earliest stage of a criminal case, the bill upholds the presumption of innocence, advances due process, and reflects the principles that inspired the adoption of the Bill of Rights itself. For these reasons, Prison Fellowship respectfully urges your support of HB127.

I support this bill. As a person who used a PD, I had very limited access to them - why? Their case load was too big. I had a case that could give me a life sentence and I had 1 meeting with my PD. The only time we talked was 5-10 minutes before we went into the courtroom. Now ask yourself if you were literally fighting for your life with no knowledge of the legal system or your rights, would that be enough time to put a real defense together? For me, it wasn’t.

I support this bill because it will allow those charged with a crime to know more about their case. The court appearance will also allow defendants to see their lawyers and speak with them about elements in their case.

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.