Please do not limit prosecutors from offering the 4th amendment waiver as a plea agreement. It limits police and probation when they have probable cause to believe that someone that is on probation is not following their terms of the plea agreement. There can be limits put on it, but taking it away completely will make Virginia less safe. Law enforcement will not have an avenue to ensure compliance for someone that may have a gun or a large quantity of drugs. Defendants don't have to accept the plea. They can continue bargaining or take the charge to trial. It's a bad idea and that's not even mentioning that it will limit what an officer can see on the person's phone or social media, where most of the non-compliance happens today. I've seen first hand when I was an officer how not having a 4th waiver can hinder and hurt people. There is no reason to not allow it as a bargaining chip.

Please do everything you can to protect this vulnerable population from wrongful imprisonment and conviction. My own son, a person with autism and several other mental health diagnoses, who is very sweet and gentle, has a tendency to blame himself and feel guilty for things that are not even remotely his fault and will take the blame and punish himself. It is a nightmare to know he could be imprisoned or convicted for things he never did, and suffer consequences from law enforcement and perhaps harm at the hands of other inmates because he is unable to advocate for or exonerate himself due to his disabilities. There are so many in this position today. Please work with parents and others to find ways to safeguard the innocent and vulnerable.

Dear Members of the House Courts of Justice Criminal Subcommittee, I am writing to express my strong support for SB198, which provides critical safeguards for individuals with intellectual and developmental disabilities during law enforcement interviews and interrogations. Individuals with intellectual and developmental disabilities face a significantly higher risk of providing unreliable or involuntary statements. Many individuals are highly motivated to comply with authority figures, may guess answers when they do not fully understand questions, or may attempt to please interrogators even when they are confused. Communication differences, slower processing speed, and difficulty understanding legal rights can further increase the likelihood of inaccurate statements. In addition, interrogation environments can create intense stress, anxiety, and sensory overload for people with disabilities. These conditions can heighten suggestibility and make it difficult for individuals to fully comprehend the situation or advocate for themselves. Without appropriate protections, this can lead to statements that do not reflect a person’s true understanding or intent. SB198 helps ensure that statements made under circumstances where disability may have influenced communication are carefully considered, reducing the risk of false confessions and wrongful convictions. This legislation supports fairness in the justice system while recognizing the unique vulnerabilities that some individuals experience. Protecting the rights of people with intellectual and developmental disabilities is essential to maintaining the integrity of our legal system and ensuring equitable treatment under the law. I respectfully urge you to vote yes on SB198. Thank you for your consideration and for your commitment to protecting vulnerable members of our community. Sincerely, Staci Carr

Dear Members of the House Courts of Justice, Criminal Subcommittee, Please Vote yes on SB198 which will provide safeguards for people with ID/DD when they are interviewed or interrogated by law enforcement. This is important to me because I am the parent or caregiver an loved one with ID/DD. Many individuals experience delays in processing language, difficulty understanding rights, or trouble expressing themselves clearly and have communication skills below biological age-based expectations. This can easily produce false admissions. Please vote yes for SB198.

Please vote YES on SB198!!! SB198 provides safeguards for people with ID/DD. People with ID/DD have a higher risk of unreliable or involuntary statements: Autistic and developmentally disabled individuals are significantly more likely to give inaccurate statements because they often try to comply with authority, guess answers, or “please” interrogators, even when they do not fully understand the questions. People with ID/DD often have communication and processing challenges. Many individuals experience delays in processing language, difficulty understanding rights, or trouble expressing themselves clearly and have communication skills below biological age-based expectations. This can easily produce false admissions. People with ID/DD experience suggestibility, anxiety, and sensory overload. Interrogation environments can trigger extreme stress, sensory overwhelm, or confusion. These conditions increase the chances that someone with ID/DD can easily be swayed or influenced, and can lead to statements that can be incriminating but are not accurate or voluntary. SB198 can help prevent wrongful convictions. Families and those in the court system want to prevent courts from using statements obtained under conditions that undermine a person with ID/DD’s understanding or voluntariness. This protects against false confessions, which lead to wrongful convictions. Wrongful convictions are horrible outcomes for defendants and a burden to the criminal justice system.

I am respectfully asking that you vote yes on this bill. SB198 provides safeguards for people with ID/DD. People with ID/DD have a higher risk of unreliable or involuntary statements. Autistic and developmentally disabled individuals are significantly more likely to give inaccurate statements because they often try to comply with authority, guess answers, or “please” interrogators, even when they do not fully understand the questions. As a behavior consultant here in Virginia, I have witnessed young men with Autism provide blanket answers while talking with law enforcement during a crisis. If we are going to provide an inclusive space for people with ID/DD, we cannot ignore areas that are more likely to show challenges and need our support. People with ID/DD experience suggestibility, anxiety, and sensory overload. Interrogation environments can trigger extreme stress, sensory overwhelm, or confusion. These conditions increase the chances that someone with ID/DD can easily be swayed or influenced, and can lead to statements that can be incriminating but are not accurate or voluntary. Again, I respectfully ask that you vote YES on SB198.

My name is Yukiko, and I am a special education teacher who works with students with autism and intellectual disabilities. I support this bill because it addresses a very real issue that affects many individuals with intellectual and developmental disabilities. People with intellectual or developmental disabilities often have difficulty understanding complex questions, processing language quickly, or communicating clearly under pressure. In an interrogation setting, these challenges become even greater. Many individuals try to comply with authority figures or give answers they think the person wants to hear, even when they do not fully understand what is being asked. Because of these communication differences, individuals with ID/DD are at a higher risk of giving statements that may be inaccurate or misunderstood. Stress, anxiety, and sensory overload in interview environments can make this even more difficult. When someone is overwhelmed or confused, they may agree to things or make statements that are not truly voluntary or accurate. This bill is important because it allows courts to evaluate whether a person’s disability affected their ability to understand questions, communicate effectively, or participate meaningfully during questioning. This is a reasonable safeguard that helps ensure fairness in the legal process. These protections help prevent wrongful convictions and ensure that statements used in court are reliable and truly voluntary. People with intellectual and developmental disabilities deserve the same fairness and protection under the law as everyone else. I strongly support this bill and encourage you to pass it. Thank you for your time and consideration.

Please vote yes to support SB198 which will provide interrogation protections for individuals with ID/DD when being interviewed by law enforcement. This is a very important bill for the ID/DD community since it is common for a vulnerable individual being interviewed or interrogated by law enforcement to easily be swayed or influenced. This can lead to statements by someone with ID/DD that are incriminating but are inaccurate and involuntary. Many individuals with ID/DD experience delays in processing language, whether verbal or written. They have difficulty understanding their legal rights and they have trouble expressing themselves clearly. They may have cognitive or comprehension abilities that are substantially below the expectations for someone of their biological age. This can easily produce false admissions of guilt. Please REMOVE the reenactment clause on this bill and pass it to be implemented in 2026. Please VOTE YES on SB198 and provide protections for vulnerable individuals with ID/DD being interrogated or interviewed by law enforcement.

Without proper protections, people with intellectual and developmental disabilities can be easily confused or intimidated during police interrogations. They may say things simply to please an authority figure, because they do not understand their rights or they are just nervous and not thinking clearly. SB198 is important because it recognizes this vulnerability and ensures that disability-influenced statements are not used against them in court. This bill helps prevent miscarriages of justice and protects some of the most vulnerable members of our community. I support SB198 and urge the committee to advance it.

Please vote yes for SB 198. I am a mom of two autistic sons. It is extremely important to me to know that our laws will protect my vulnerable sons. Autistic people will often try to please authority figures and can inadvertently say things that could be used against them in order to put a quick end to a stressful situation. They need to be protected by fair laws.