I am in support of SB5034. I would of loved to have signed up to talk but only have a Kindle. I watched today hearing August 31st. My son is in a workcenter. He has no write ups. He has been in the system for 4 Years and his release date is March 2024. His crime was a bad check 2 years and probation violation 6 years. I paid 5,000.00 to a lawyer that told him not to take a plea deal for a total of 1 and a 1/2 years since the check was paid 3 days after. Sadly she did not defend him. Yes he did wrong but he is an inmate advisor, and works at all things they ask if him. I have Stage 4 lung cancer can no longer visit because of Covid. I would love to have my son before I die. He has never been violent, no drugs or drinking. Does not even smoke. Please pass this bill for him and other offenders for non violent crimes. Thank you and for all that sees how important to give these offenders a 2nd chance.

The Crime Commission's proposed expungement reform bill is a positive first step towards a fully-formed expungement system in Virginia. Our expungement laws prevent second chances not only for people who have been convicted of crimes, but also for people whose charges have been dismissed or reduced. Expungement should be universally permitted for anyone accused or arrested but not convicted of a crime. For those who have been convicted, expungement should eventually be permitted where the offense was minor (meaning all misdemeanors and some felonies). This proposal achieves these goals, broadly speaking. The Commission's proposal is not as broad as we would like, specifically in terms of who is eligible for expungement. That said, it opens doors once closed to many Virginians with arrest or criminal conviction on their records. This proposal will mean a great deal to them, and we support the proposal for that reason. We hope that in the future, these opportunities will be made more broadly available. We are also encouraged to see Virginia initiate a process for automatic expungement. For poor people in Virginia, expungement is often inaccessible regardless of eligibility. Inability to pay a lawyer, an onerous application process, and application fees all create unnecessary obstacles. Expungement for minor convictions, as well as expungements for acquittals and dismissals, should be automatic. Allowing for automatic expungement makes a second chance a reality for everyone, not just for those who can afford to hire a lawyer. Thank you, Andy Elders Justice Forward Virginia

Thank you for allowing my comment in support of Earned Sentence Credits. Studies have shown by longs periods of incarceration do more harm than help. Data reported from The Sentencing Project.Org- "The excessive nature of punishment in the U.S. is not based on a rational analysis of incarceration and the fundamental objectives of sentencing policy. Moreover, unduly long prison terms are counterproductive for public safety and contribute to the dynamic of diminishing returns as the prison system has expanded." Creating an opportunity and an incentive is vital to both the returning citizen and the community. Incentives promote a desire to achieve and do better. In Virginia there is no parole. The Earned Sentence Credits will promote morale and a sense of duty to prove one's worth and sense of accomplishment. "Policy decisions of the U.S. Sentencing Commission over the past decade have also demonstrated that federal sentences can be reduced without adversely affecting crime control goals. The first instance occurred from the Commission’s Guidelines amendment change for crack cocaine convictions in 2007, which was made retroactive as of 2008. More than 16,000 individuals had their sentences reduced by about two years (from 107 months to 85 months).64) A follow-up study compared recidivism rates for similar offenders released before and after the amendment took effect and found no statistically significant difference between the two groups.65) A second study explored recidivism rates for prisoners affected by the retroactive application of the Fair Sentencing Act, lowering time served in prison by twenty percent (thirty months), and found virtually identical recidivism rates for this group and a comparison group who had served their full sentence prior to the adoption of the Act.66)""A number of real world case studies, at both state and federal levels, demonstrate that prison populations can be reduced substantially without adverse effects on public safety. Believing that incarceration inherently improves public safety naturally correlates with a belief that reducing time served in prison would have negative consequences since the affected individuals would no longer be incapacitated. Here, too, the common-sense observation turns out to be incorrect but remains as a significant obstacle to decarceration."Acknowledging this reality should not be cause for despair. As we have seen over the past decade, criminal justice leaders and their political allies in many states have embraced new ways of thinking about problem-solving within the justice system, and they have generally received public support in doing so. As more jurisdictions embrace a reform strategy, we will have more models of change to choose from, along with increasing evidence of what works and what does not work to produce public safety. Jennifer Jones

Background: Virginia needs expungement reform both because a criminal record should not be a life sentence to poverty and research shows that an individual’s risk of recidivism drops significantly over time, eventually making them no more likely than the general public to commit a crime in the future. Thus, the idea behind expungement laws is simple: after someone remains crime-free for a specified period, certain prior offenses are sealed. With a “clean slate,” the goal is to knock down barriers – relating to employment, housing, education, and public benefits – resulting from a criminal record. Current law generally provides no process by which adults can expunge a past record. The law’s scope is severely limited, extending only to people who have been tried but not found guilty, people who face charges that are later dropped, and people who receive an absolute pardon from the governor. For these reasons, legislation to reform the law has become commonplace, even as the most significant reforms have not advanced. In the 2019 session, HB 2278 (Del. Cole), which provided for the automatic expungement of a record after an absolute pardon, passed unanimously. In the 2020 regular session, a flurry of bills were introduced but did not pass, including a proposal (HB 476) that would have permitted people to pursue expungements of past convictions if they remain crime-free a certain time period. Policy Efficacy: Expungement policies hold the power to change lives. A recent study of Michigan’s law found that within one year after a record is cleared, people are not only more likely to be employed, but wages go up by more than 20%. Yet because many expungement laws across the country require people to petition for the sealing of their past criminal record and pay a court fee, uptake rates can be low. According to one study, only 6.5% of people who could get their records sealed did so within 5 years of becoming eligible. To avoid this “uptake gap,” Pennsylvania became the first state in the country to set up an automatic process, which seals arrest records after charges are dropped and for certain minor conviction records after 10 years. Automatic sealing has produced impressive results. Less than a year after the law was implemented, Pennsylvania sealed more than 45 million criminal offenses. Principles of Reform: As an immediate next step, Virginia’s existing law should be expanded to make expungement possible in more circumstances. While some states – as outlined in the table below – limit expungement to misdemeanors, other states permit, in some situations, the expungement of certain felonies, especially non-violent offenses and where the individual has no other significant criminal history. The special session represents a prime opportunity to enact a number of expungement reforms along these lines that have been introduced, but not advanced in past sessions. To avoid the “uptake gap,” any such reforms should avoid petition-filing fees. Second, over the longer term, Virginia should work toward a system that seals records through an automatic process, rather than a petition process, which can be costly and time-consuming. Virginia can learn from the experiences of Pennsylvania and other states that were the early leaders of automated sealing, while also working to ensure that our criminal justice system has the IT capabilities necessary to support an automatic process in the future.

As we all know the jails and prisons are very much over crowed.The men and woman are doing time yes for their crimes.but i honestly think by them doing 85% is alot.upon reviews i would like to see the 65% law come back into affect.Our loved ones that are incarcerated are trying to become better people and become a citizen once again.not all will but please give them the opportunity to prove themselves once again.the 85% is a little much.the prisons are way over crowed as youll are aware of.plz vote to get the 65% law back. And give our families another chance in society.

You all talk about you want justice reform! How can you want justice reform and not want it for ALL. Who are you to pick and choose who is worthy to earn good time ? They all made mistakes and is doing the time. We are not GOD and we can not judge but some of you are doing a lot of judging! All lives matter and they ALL need a chance to prove that they can change and matter. Thank you for your time !

My loved one has a name. His name is Sincere Allah. He is not just inmate 1131459 , he is a person. A good person who was is involved in a crime at 18 years old. His ONLY crime. He is now 40 years old. A mentor/therapeutic aid for the S.A.M community chosen out of 96 inmates . He started at BKCC and was transferred to Nottoway to be an inmate coordinator to start the program in Nottoway. He took an alford plea at 18. He did not know the system, he faced capital murder that in actuality they did not have enough evidence and he would become states witness. FIRST TIME OFFENDER. he has taken every program DOC has to offer. We have a home plan. He is NOT VIOLENT. he is serving time because he would not "snitch" for his and his families safety. He needs to come home. He deserves a second change. He has earned it like so many other men and women. Earned time would benefit him because he has worked very hard on rehabilitating himself and honestly his rehabilitation was growing up. He grew up in the virginia prison system and is now a grown man who is capable of wise decision making. he is accountable for his action at 18 that cost him 2 decades of his life. You all use the phrase the severity of the crime. Hello that WILL NEVER CHANGE. But human being CAN. You all need to really start factoring in the change that ALL individuals go through. Look at your own lives. Some of you would NOT be where you are if CHANGE did not occur. Thank God for self realization and redemption. PLEASE CONSIDER GOOD TIME FOR ALL. Use logic in understanding this is NOT going to release everyone but give people an incentive to go home. If someone really wants to go home they will do the work. You will see the difference. God Bless

While not opposed to automatic expungements for minor, non-violent, offenses, I strongly oppose anything that goes beyond this. There currently exists an avenue for the expungement of all types of offenses and the automatic removal of some of these more serious convictions can lead to a variety of problems for those looking to hire individuals into certain professions.

I am writing in support of Senate Bill 5034. In an effort to deter law breakers, Virginia has chosen to impose severe sentences on convicted crimials. The result has been an imprisonment rate among the top third of states in the country. https://www.sentencingproject.org/the-facts/#rankings The pendulum has swung too far. This bill will reward inmates who have taken their conviction seriously and rehabilitated themselves so that they can become contributors to their communities and support their familes again. It gives prison officials a tool to encourage good behavior within our prisons. It allows us to free up funds that can be used in better waysduring the economic crisis brought on by the Covid-19 pandemic. For these reasons, I encourage you to approve this legislation. Brad Sayler 5692 Sugar Hollow Rd Crozet VA 22932

The VA State Conference NAACP support HB1532 This bill will enhance the Reentry program and strengthen resources and rehabilitation amongst inmates. Prisons are overcrowded and to provide resources for inmates to earn sentence credits will assist with having them to be good stewards of the community and in their lives.

I Strongly Support The Good Time Bill I have to people in my life that I love dearly My husband who is incarcerated at Marion Correctional Center and My son who is incarcerated at Halifax Correctional Center. My husband was sentenced to eight years and my son six for drug and gun charges. We have two children at home and a granddaughter which is my Son’s daughter. It’s almost three years they have been gone and this whole thing has ripped our family apart but through all of this I have seen so much growth in the both of them. This good time bill will give them a chance to come home to a family that loves and care for them very much please consider these bills. Not just for my family but other’s as well. I pray everyday since this happened that change will happen and it needs to happen the time is now. My two family members made a mistake and they are changing before my eyes so if I can see I pray that you can to please consider this bill I love my family and will fight and stand by them until they are home. Thank you for time Tiffany Mcdowney

I am commenting as a Virginian and a 25+ year consumer advocate. I am on the Advisory Council for the Virginia Poverty Law Center, Partners Council of the National Consumer Law Center and the Boards of Public Justice. My primary area of expertise is the Federal Fair Credit Reporting Act (FCRA), which governs criminal background checks I am one of the authors of the leading treatise. I have also successfully litigated dozens of class actions in federal court targeting the use and abuse of criminal background checks. As champions of this issue in federal court for the last decade and a half, I and other consumer advocates are pleased that the Virginia Crime Commission has started this critical discussion and proposed draft legislation that would target the growing and widespread overuse of criminal background checks for employment and housing. I have litigated class action cases against the largest employers and the dominant background check companies. I have conducted extensive discovery and reviewed millions of pages of documents or records. And I have yet to uncover one study or even one supported explanation for why so many of these categories of old criminal convictions are an accurate measure of an applicant. However, unless it is changed, the proposed legislation AS DRAFTED would risk significant harm to these very causes we have been fighting. The VCC should allow meaningful input from those with substantive knowledge of the actual workings and abuses of the employment and tenant screening industry. The greatest problem – one we litigate extensively regarding records from states that allow the expungement of convictions - is that very few employers and landlords use the government administered records systems. Instead, two groups of companies gather our criminal records long before the expungement could occur. These companies use advanced webscrape technology to scour the online records and add them to that company’s private proprietary national database. Then, whether one year or 10 years later when an employer y) buys a background check, the data seller or CRA only searches their own private database. I have not discovered a single employer who relies on the Virginia State Police system, which takes longer and costs more than the instant private reports. The present draft has a prohibition on the “Disclosure of automatically expunged records.” See Proposed Va. Code § 19.2-392.13. However, though we would try hard to defend this in court, it is not clear that it would apply to the sale of records from a private database if gathered before expungement. Further, under federal law, the provision would be facially unconstitutional. Instead, Virginia should require the registration of commercial data sellers and require that they contemporaneously update their records to ensure that they have not be subsequently expunged. And you need to allow private class-wide enforcement. Other bills governing the commercial collection, sale and use of such criminal records we have attempted in prior years really need to be part of this present effort. We are very concerned that the passage of the present VCC draft legislation would end that effort to cause real and practical protections for employment and tenant Virginians. I ask that you feature this legislation in the upcoming 2021 Session and allow the contributions of those of us on the front-lines necessary to ensure the legislation is more than symbolic.

I have a good friend Daniel who helped me and ministered to me while I was incarcerated myself and lead me to the choice of giving my life to the Lord which completely changed my life I went into jail a drug addict feeling completely hopeless and lost but came out and have several years clean and have become a productive member of society he has served a lot of time for his crimes and has continued improving himself and I know society can benefit from his release as I benefited from him. Our jail and prison systems need desperate reform.

I am a friend of Dana Patterson MacKay who was murdered July 27, 2013. The people found guilty and sentenced are: John Wayne MacKay Nace Eugene Houchin Jr Nichole Michelle Houchin Gregory Andrew Crawford I have personally seen how her tragic death has affected the lives of her friends and family. (Ultimately caused the death of her father.). All our lives have been shattered but did feel a sense of relief upon their sentence and imprisonment. Due to a plea bargain they got reduced sentencing instead of life without parole which they so deserved for taking the life of our precious Dana. An early release through earned sentencing would not only devastate the family but would also cause fear due to possible retaliation from these ruthless and evil murders. Please consider what devastation the friends and family would have to go thru again. The murders do not deserve expungement. It should remain on their records as long as they live. After all, these people are responsible for not allowing Dana to continue her life. Why make it easy for them? Please reconsider putting into proposal into law.

Hello thank you for taking the time to read this. I hope everyone is safe. I am in full support of good time credits because if we don’t get these people something to behave for they won’t behave. We have to give them a reason to. We have to give them something to look forward too. It will help eliminate violence in your prisons. Also with will help the people who were harshly over sentenced like my husband who got twice the sentence he should have all because a judge wanted to make a example out of him. This would also help curve some of there violent mind sets.’ Please help us and vote for a good time bill for all non violent and violent.

This email is to ensure that my voice and the voice of others is heard in reference to SB5034 “Earned Sentence Credits.” This just begins to start the journey of restoring justice in Virginia for EVERYONE including the taxpaying citizens. However, this can only be done when the bill INCLUDES EVERYONE. This bill gives individuals a chance to EARN time off what is already deemed over sentenced by large as the mandatory minimums in Virginia do not allow judges to render sentencing on an individual case by case basis and gives power to the prosecution to inflict harsher sentences. I cannot stress enough how difficult it will be for those incarcerated to earn the sentence credits given the outline however, because of the complexity and difficulty of the program it will afford an opportunity for those incarcerated to demonstrate self-constraint, change in social attitudes and behaviors long before release. It also gives opportunity for change and reduces the financial strain on the tax payers and creates a safer environment for correctional staff. It do es not represents a free pass, but does give opportunity and incentivizes those incarcerated to make better choices because HOPE remain has. Fot it to be effective it must INCLUDE ALL!! Research shows that desistence from crime or exiting a criminal career is typically tied to the acquisition of meaningful bonds to conventional adult individuals and institutions, such as work, marriage and family, and community institutions. Social bonds, as well as sports, and hobbies, reduce the likelihood for involvement in crime. Through the Earned Sentence Credit coping skills and social tools are implemented, accompanied by mental health, drug and rehabilitative programs, and conforming to rules to strengthen a platform for those incarcerated and seeking a SECOND CHANCE FOR ALL. The program should INCLUDE EVERYONE as by design the program will reveal a person’s ability to conform to rules and standards over a period of time and accountablility for taking necessary rehabilitative and educational steps to be successful when reentering society. It is absurd to believe that just because you served every day of a sentence that the time incarcerated was spent by making changes and will not reoffend. It also gives new opportunities for education, mental health care, vocational, and rehabilitative services to INCLUDE ALL. The prison population will eventually be released wouldn’t you rather know that they were given all these tools to come out and be a productive citizen rather than they laid in their “rack” for 25-50 years and now we just hope they learned their lesson. As parents we use a method known as Operant Conditioning to help individuals identify unwanted behavior and make appropriate changes. B.F. Skinner studied this and concluded it is an effective method of learning where an individual makes an association between a particular behavior and a consequence/reward. The “Earned Sentence Credit” is designed based similarly to this evidence based method. We CANNOT label people by a mistake made on what is usually the worst day of their life. Please do not fear those that have made a mistake FEAR ONLY the cycle of mass incarceration leading to a society without hope. The “Earned Sentence Credit” program has been implemented on a federal level and by a large portion of other states with great success…BUT WE MUST INCLUDE ALL!! VIRGINIA LEAD BY EXMAPLE ~ MAKE THE CHANGE~ HOPE FOR ALL!!

Hello Crime Commission - I hope you receive this message well. I’m writing in support if earned sentence credits for all behind bars. I know you have all the numbers and research so I’m just going to speak from the heart.... these men and women deserve a right to earn a second chance. Especially those who were just in the wrong place at the wrong time. A lot of them have been locked away for a VERY long time for things that happened when they were under 21. Are you the same person you were at 19 years old? Into the same stuff? No. You want to do the right thing. Work and raise a family. Have a good life. That’s all the men and women want now. Do the right thing and let them have just a sliver of hope and let them rehabilitate themselves. The system and the DOC won’t do it for them. We have to make this happen right here and right now to start fresh with our criminal justice system. Virginia needs this.

I am writing in support of increasing Earned Sentence Credits for all offenders, not just nonviolent. The following are reasons I would like to be taken into consideration: In this age of equality and equal opportunity it is discriminatory to exclude violent offenders from the possibility of earning additional good time sentence credits. Violent offenders deserve a second chance just as much as nonviolent offenders. Additionally, Virginia DOC houses violent and nonviolent offenders together. All offenders are required to abide by the same rules, live in the same conditions, and complete the same programs because in DOC ALL offenders are treated the same, that is, equally. What consideration is being given to the unavoidable tension that would ensue from some inmates earning up to 7x the amount of good time as others for the same behavior required from everyone? It is cruel and discriminatory to exclude violent offenders, who, have the lowest recidivism rate of all crimes, evidence proven. So why should violent offenders be the intentionally excluded? I know you cannot change the designation of crimes, but the opportunity exists now to rectify the inherent injustice in our criminal justice system. Please amend the ESC bill to include all offenders.

To the members of the Virginia Crime Commission, My family and I were recently informed that your committee is revisiting the topic of earned sentence credits. I write to you on behalf of my many family members who were unable to write to you themselves. In 2013, our family was blindsided by the worst type of violence one could imagine when my cousin, Dana MacKay, was brutally murdered in her sleep with an axe by a group of individuals who do not even deserve to be named, much less receive less time to serve than their original sentence. After reading about the potential pros and cons of passing a bill that provides inmates with the ability to earn credits towards their sentence, I can see how providing inmates with this option to earn their way towards a shorter sentence would be beneficial from a cost and personal incentive perspective. I can also see how this could be a terrific way to incentivize rehabilitation and foster self-improvement and remorse in inmates who did not commit violent crimes. However, I urge your committee to consider making this applicable to non-violent criminals only. No amount of courses, rehabilitation, good behavior, or good faith effort could negate or excuse what the four individuals did to my cousin that night. No amount of self-reflection or remorse can change the profound impact that this event and the prolonged investigation/trial that followed had on my family. My aunt, Sarah Pearson, lost her only child to the selfish, insensible actions of their son-in-law and his co-conspirators and she will never be the same. If this had been your daughter or son, you would feel the same gut-wrenching feeling that my family is currently feeling while thinking that the four individuals who changed our lives forever may get even one less hour in prison than what the judge sentenced them to. Thank you all for your consideration. I appreciate your time. Sincerely, Sally Peterson

In the state of Virginia, young people between the ages of 18 and 21 are not allowed to buy or consume alcohol. As of two years ago, these same young people are not allowed to buy or smoke cigarettes. Yet if these same young people commit non-violent crimes, they will carry the title of felon for the rest of their lives. Non-violent felonies of any kind committed by a young person under the age of 21 should be eligible for expungement of their records. Delegate Cole's HB 91 addresses this. Brain-based research supports the idea that a young person's brain does, in fact, lack development. There are sound reasons why we have agreed that the ages of 18, 19 and 20 are not responsible enough to bear the responsibility of drinking or smoking. They should not bear the same level or responsibility when it comes to non-violent felonies committed during this time either. Please consider supporting changes that would give these young people the chance to get their lives back.

To: The Honorable Charniele Herring, Chair, Crime Commission: As the Crime Commission prepares to consider automatic expungement at the Crime Commission meeting, I write to support adoption of this policy. For decades policymakers have failed to fully rectify the disproportional impact of punitive criminal justice policies and this would be a tremendous step in the right direction. Under the tenure of Governor Gilmore (1998-2002), only 238 individuals had their right restored. With a population of 7,286,873 in 2002 that was 0.00003% of the people; and African Americans who only make up 19.55% of the population in the Commonwealth of Virginia were less likely to have their rights restored during that time. I write to you today to formally include in your records, my position of strongly supporting automatic expungement. This request is not to suggest that the Commonwealth of Virginia create a new system, but to mirror justice reform policies practiced in other States. Currently, forty-two States have expungement policies with different criteria that must be met. The consistent categories that are shared by the States are: (1) Satisfaction of Sentencing, (2) Waiting Period, and (3) File a Petition/Pay a Fee. Additionally, one State allows ex-offenders with ONLY one (1) felony, and one (1) misdemeanor may petition for expungement of their record. I believe that citizens should not have to serve their time, pay their fines and then not have the ability to flourish because of past offenses forever haunting them. Some people have learned their lessons and need a second chance. The majority of the people believe the system is broken. This is an opportunity for the current leadership to show compassion and right the wrongs for these people. Automatic Expungement does not excuse individuals of their violations of the law, but provides a mechanism for those that are remorseful to regain their civil liberties and become productive citizens. Without felonies, young and older Virginians can obtain better paying jobs. These individuals can realize the American dream and can possibly advance to middle class. This act from the State can impact so many areas of a person's life: recidivism, housing, and education. Without these barriers, ex-offenders can take advantage of many opportunities. I am a 51 year old African American woman. I was convicted of a felony in 1990. I was not eligible to have my rights restored until 2002 (12 years later). I was not a real citizen. I paid taxes, but I didn't have a voice. I only have one felony conviction. I was recommended for high paying jobs, but I was not able to accept the positions due to my felony. I finally went back to school and obtained my Bachelor's and Master's degree. I had to excel in school and graduated with honors, so future employers would look at me now versus my past. Unfortunately, everyone with my background doesn't share my story. I am one of the lucky ones, but others aren't built for higher education. Nor do they have an ally to speak on their behalf for a better paying job. So they must resort to low paying manual jobs. This does not provide an escape route from poverty, low-income housing, or potentially more crime. These individuals need someone to help them off of the hamster wheel. If my voice can help others, I am obligated to speak.

I am writing this for the earned good time bill I think that everyone should be included in that bill your come does not define you as a person everyone makes mistake and can change I think the deserve the chance to show they can change to this bill gives them the incentive to do good when you see you can reach a goal makes you try even harder to do better

I am writing in support of prisoners earning good time credits and early release. I am writing specifically in reference to Daniel Cruz - inmate number 1787402, at Dillwyn Correctional Center. Daniel was convicted of non violent crimes and has taken full responsibility for his actions. As his Pastor, I have watched his life change over the past several years, and I believe he deserves an early release to become a productive member of society again.

Hello Thank you so much for trying hard to help everyone have the chance for there voices to be heard! I wanted to reach out and say that o believe increasing the good time earning credits for ALL behind our prison walls will make for safer prisons and better working conditions for the employees of the Virginia Department of Corrections! I also. Believe that it will make for better and safer communities as it will encourage people on the inside to better themselves!! Thank you so much Please stay safe Frances Ross

If one offender is released early then I think it is only fair to give others a chance especially when you review the offense and the time already served and their behavior has been exemplary while in prison. Even if they have a sexual charge, give another look at their record and help them get out and become a better person and make a positive contribution to society. There are times that in life when we all may make a bad decision and do things that we must pay for but keep in mind that people do change and this is why prisoners should be looked at individually and not as a group when it comes to early release back into our communities. The offender that I am speaking of has been forgiven and is loved by so many and we all believe that he deserves a second chance to make things right.

For so many reasons, we ask that you support the earned good time credits. It just makes sense to the families, the economy, and the community

In my experience talking with inmates and their families, I find the treatment of inmates within the walls of the facilities is abhorrent. The staff should be there to assist in the rehabilitation and training of the inmates and in most instances we find the staff antagonize and harass the inmates instead. These chosen staff members are to lead or manage the facilities but all we see is the flexing of muscles and mismanagement of resources. Many of these men and women have made one bad error in judgment and are sentenced to prison. That in itself is punishment. But to be fed the disgusting food they are served and expected to consume, or to pay the outrageous prices on commissary items is shameful and speaks to the administration of the Department of Corrections. If you wonder why there is such a high recidivsm rate, look in the mirror. It may initially be a decision made on the street, but it is reinforced within the very walls to which they are confined. I get that is it a prison and not a country club. But believe it or not, some of the people behind bars don't belong there. And the staff leaves any compassion at the door before they enter. And a good portion are not qualified to be in the positions they are in, which has affected the inmates in ways that are inexcusable. Show them compassion, understanding and a better way. It will affect most. Some won't respond to these tactics, but most will. They need a chance to be treated like human beings, not the pawns in the big business that has become the Virginia DOC. Invest in staff that actually want to affect change, not collect a check and flex their muscles because they have none on the outside. Hire people that are qualified to fill the positions of leadership. Find vendors that don't steal from the inmates, who in most cases don't have ANY monetary support from the outside and are kept from working jobs on the inside. You make it impossible for them to survive. And if you do nothing else, stop turning a blind eye to the race wars withing the walls, that start with the STAFF. And the lies they tell are unacceptable. I've experienced those on several occasions, from all positions. Make changes for the good of the inmates, and you might find less need to stretch your budgets to impossible lengths. When a facility can't afford to get craft sticks to keep their inmates busy, something has got to change. If you don't make changes for the good, very bad things will happen on the inside, because that's all that can happen. It's getting worse, not better. Take a good look inside and talk to the men and women who live there, not the liars who work there.

The Virginia Chamber is committed to participating in the development of key actions that will foster inclusion, social justice, and support initiatives that will lead to greater equality of opportunity. We recognize the pain current and past tragedies have brought and are committed to engaging with policymakers, community leaders, and other voices to confront racism and support necessary criminal justice reform. Our Commonwealth’s well-being is dependent on equality of opportunity in our educational system, employment and entrepreneurship opportunities, homeownership, and a fair criminal justice system. Diversity and inclusion in our workplace and economy strengthens our state and nation. The Virginia Chamber's Equality of Opportunity agenda, which can be found at https://www.vachamber.com/wp-content/uploads/2020/08/Va-Chamber-Equality-of-Opportunity-Agenda.pdf, reflects key tenets for closing the gaps in education, employment and entrepreneurship and addresses criminal justice reform. Concerning expungement specifically, the Virginia Chamber recommends that the state create a process for sealing or expunging certain non-violent and low-level arrests and convictions by making it automatic after a certain period of time after individuals have fulfilled their legal obligations without re-arrest or conviction. It is important to note that any expungement process should consider that certain federal and state laws impose various employment and licensing restrictions on those with criminal records, such as banking and financial services, government contracting, certain government positions, child care services, healthcare services, and law enforcement, for example.

I am Dana’s first cousin. My daughter, who was 8 years old at the time, wrote the letter below. How could people who have done such indescribable things to our family and change us completely be set free. How can I teach my children about consequences and the justice system if they are set free. Dana was taken from a mother, father, aunts, uncles, cousins, & friends. She won’t get to see my girls grow. She was taken from us! So why should those who took her from us get set free? On a summer night in 2013, Dana Patterson was murdered. She had married a few years prior, and as far as anyone could tell, they were happy. Dana was a warm, kind woman who was always helpful and loving to everyone she met. She seemed to love her husband, just as he did her. No one had any idea that what was going on in their home was anything less than functional until tragedy struck. Dana was killed by her husband, John Mackay, and 3 others. Heartbroken and their lives completely uprooted, Dana’s family and friends mourned her passing, devastation haunting every single one of them. Even though all parties responsible have been sentenced to prison, the brutality of the situation will never truly fade. I remember when I was young, I was sitting in the living room with my family and my mom received the phone call. She left, clearly upset, and my little sister and I waited for hours silently in our living room, wondering what possibly could have happened. We barely moved from the spots we were in when she’d got the call. When I did reunite with my mom, I could see the absolute devastation smeared across her features. My cousin, Dana, was dead. No one knew how to handle this tragedy. We’d never experienced anything remotely like this before. But most of all, we hated ourselves for not seeing it sooner. 1 in 4 women experience physical abuse from a partner. Women are being targeted, harassed, and victimized every single day. Our society chooses to sweep it under the rug. Many oblivious people say, “Well, she should’ve left when she had the chance.” The concept that most men, along with select women, refuse to understand is that many times, the women are incapable of getting out because they will forever be stalked and preyed if they do leave. Instead of criticizing and blaming women who are being domestically abused, let's remove the stigma and educate them on what actions to take. Tell a loved one, or social services of some kind–– they will be able to help! No matter how alone these women may feel, it is important for them to understand that they have support. Let's empower those women to have the courage to continue to fight for their lives while also protecting them from this hardship by more widely explaining different signs of an abusive partner early on in girl’s lives. In Calhoun, Georgia, in the years following Dana’s death, her friends, family, and supporters have gathered annually to “Walk A Mile In Her Shoes”. In the name of Dana Patterson, and millions of women living in fear everyday, we need to act. If awareness is not spread, tragedies like Dana’s will continue to strike. Let’s save a life, a family, a woman, by educating them on how to properly handle the situation in order to receive the best help. With so much on the line, we can’t afford to keep losing this battle against exploitation. We have the power to save these women’s lives by spreading awareness of the abuse of women everyday. Take a stand. Walk a mile in her shoes.

I am writing on behalf of Dana MacKay, who was brutally murdered July of 2013 by John MacKay (1549105), Nace Houchin (1554147) , Gregory Crawford (1498734) and Nichole Houchin (1549107). These individuals are currently in prison where they belong! I respectfully implore the Crime Commission Board to NOT make any change that would allow these killers to be released and put back on the streets, be it by parole or credit for time served. People involved in a calculated murder such as this do not EVER deserve the right to be released and especially to have their record expunged. Wise people, such as yourselves, are put in a position of trust In order to protect society from deranged and vicious people such as those mentioned above. I work within the court system in Calhoun, Georgia. I still have faith in our justice system. However, I witness repeat offenders who are put back on the street who should never walk among us. The four people mentioned above took more than the life of a beautiful and innocent soul. They ruined the lives of parents and children, alike. It is impossible to turn back the hands of time when calculated plans and decisions are made that harm others. Accordingly, the decisions made by you regarding parole will affect many lives in the future... those being the innocent lives outside of the prison walls that deserve the protection that only you can preserve. I pray that my comments, along with others that have written to you, be deeply considered. Thank you for the opportunity to be allowed to speak via email regarding this most important decision before you. Diane Bockholt

Honorable Delegates and Senators The AIM Initiative; All Inmates Matter! In this chaotic time when prison reform is being considered, I feel it is imperative to include all returning citizens with the chance to earn the sentence credits. To exclude a returning citizen because they made a error in judgment that resulted in a violent crime as opposed to a nonviolent crime undermines the very laws you are to uphold. These laws say that we are all to be treated as equals not divided and sorted into subcategories, where some earn 7 times more good time than others as we all eat, sleep, work, and live with each other and are expected to uphold the same levels of sustainable employment, good behavior and rehabilitation programs. Many nonviolent returning citizens have a very high risk for recidivism and have been incarcerated multiple times for drug use and drug dealing. On the other hand, most first time violent returning citizens have a seriously low chance to ever offend again, as seen in their Va DOC CORIS files, because most violent offenders acted in the heat of passion, an isolated incident, which was in direct contrast to their normally productive and successful lives, that included families, friends, along with steady employment. All returning citizens have the ability to turn their lives around and make their way from the maximum security prisons to the lower medium security prisons after years of good behavior, sustained employment, and regular programs as they prepare for their reentry to society. I ask that you treat all returning citizens as equal people striving to reform themselves, under the same protections and equal justice we all share in this Commonwealth. Now is the time to stand for equality for all returning citizens, and create a new, all inclusive earned sentence program that allows our great Commonwealth to maintain its wonderful legacy as a leader in successful prison reform and social justice for all of its returning citizens.

There are far too many behind bars who have long since been rehabilitated and paid their dues to society. Virginia is warehousing men and women who could be contributing to their communities and supporting their families rather than utilizing tax dollars which could be redirected to issues such as mental health & education, not to mention the additional financial stress it places on family and friends. We have the ability to reunite families... to bring mothers & fathers home to their children. Good time is earned, not given away for free. We’re not asking for those who continue to exhibit aggressive & uncontrollable behavior/ anger to be unleashed upon society. We’re asking that our husbands, wives, sons, daughters, etc. with documented efforts of self-reflection and change be afforded what they have earned ... to come home!

Please have mercy and compassion and pass SB 5034 to increase “earned sentence credits” for nonviolent prisoners. Many people, particularly those of color, receive sentences beyond recommendations in presentence and psychological reports. Many are incarcerated unfairly by indifferent judges influenced by crony courthouse personnel and uncompromising prosecutors. Sometimes decisions are made before anyone enters the courtroom, especially when defendants hire outside attorneys. This bill is doubly important now for prisoners exposed to and contracting COVID-19, denied recreation and commissary, and given emergency rations. Those who test positive and sick are isolated for weeks, often without air conditioning, recreation, and reading material; and showers allowed only twice a week. Family visitation has been cancelled for months, and errors in prisoner release calculations are routine. Please allow nonviolent people back into society so they can heal from the trauma that has taken place in their lives and their families’ lives and once again become contributing members.

I'm signed up and hoping to speak tomorrow at the virtual meeting, but in case I am not able, I wanted to make these comments. I have read and agree with the Good Time Credit bill before the Crime Commission. It is long overdue and will serve to, at least partially, rectify overly harsh sentences handed down by our courts. Increasing the credit for good behavior will do two things simultaneously. First it will speed the release of inmates by giving them an incentive to reign in the behavior that landed them in prison to begin with, and it will serve as a dis-incentive to those who qualify for this program but who continue to struggle with their destructive behavior in prison by delaying their release if that behavior continues while incarcerated. This should also make being a prison guard slightly less hazardous since the reward for good behavior is more pronounced. My son was incarcerated December 2015 for some crimes for which he deserved incarceration. However, the system came down so overly harsh on his sentence that our entire family was devastated. We need him released so he can resume life as a young man who paid a dear price for his destructive behavior, but who has learned from his errors and is absolutely ready to lead a peaceful and productive. He is a father of two young boys who need him to come home. Please vote YES to this bill. Thank you

Good morning, Being held accountable for his choices is what needed to happen. The day this happened in my despair God spoke to me and said, “this is me answering your prayers”! And is was. My son’s has needed this time to work through his pain and introspectively see himself and the changes that he needed to take responsibility for, and he has. He has had no charges and worked hard. He sought ought his own counselors, read books and turned his heart to God continually. Part of the change has been for his 2 sons whom until COVID Visited him weekly. This family connection is crucial for hope and restoration but more importantly for his young sons to maintain a relationship with their dad. He is ready to be a dad and responsibly citizen. Many have made significant changes and need hope and support to overcome the challenges in their life. Please support this bill and all efforts to bring much needed reform to our prison system. Thank you, Tina R. Cruz

I am writing in support of the Earned Sentence Credit reform. I personally have witnessed the inequality in sentencing of a person who committed the same non-violent crime over 10 years ago versus one who committed the same crime 3 years ago and received just a slap on the wrist even though they were also found guilty of additional charges related to drug possession, alcohol and eluding. This person who is an alcoholic and drug addict received a ridiculous plea deal of less than 5 years and could have killed someone because they were driving under a lot of drugs and alcohol. This person has refused to complete the drug and alcohol treatment program in the Virginia prison they were assigned and has shown they have no intention of changing their ways. As a result, this person is not earning credits and doesn't deserve to. The person who was sentenced to 10+ years for the same non-violent crime and had no other charges, would have received a maximum of 1 year had they been charged 3 years ago or even today, but they received 10+ years as Virginia decided to be heavy handed when giving sentences for anything back then! For years this offender has watched new offenders come and go with lesser sentences for worse crimes. Very frustrating since they have worked hard to change themselves: has been infraction free from the start, has attended all required programs and has kept a job the entire time. This person watches how new offenders with worse crimes get less time to serve and get released before them even though many of these offenders don't want to change, don't want to work and are unable to stay infraction free. All because Virginia changed their sentencing practices but hasn't changed when it comes to rewarding good behavior. I have seen not just this offender who received 10+ years for a simple non-violent crime when Virginia decided to be heavy handed, but others who were given long sentences for a non-violent crime in those heavy handed years. If they had committed the same crime today or even 5 years ago, they would've received significantly less time and would already be home. Instead of rewarding those offenders who have worked to change their lives and prove themselves by being infraction free, attend any required programs, keep a job and even encourage other offenders to be better, they remain under the old Virginia heavy handed ways. Virginia has changed their ways in sentencing with lesser length sentences yet so many still live under the antiquity of Virginia's past heavy handedness especially when it comes to good behavior. It is time for Virginia to change their Earned Sentence Credits system from their antiquated ways just as they changed their sentencing practices! Reward those offenders who are working very hard to change their lives and be better persons! I was always taught that hard work is rewarded; however under Virginia's current Earned Sentence Credit system, hard work is not rewarded! Virginia's program is antiquated and heavy handed compared to the majority of the other states in the US! It is frustrating for those who are working hard and were sentenced under the heavy hand to watch those who are given lesser sentences for worse crimes and do nothing towards bettering themselves get released before they do. It is time for Virginia to change their Earned Sentence Credit system NOW to reward those who have earned it just as Virginia changed their sentencing practices years ago to be more fair!

The earned sentence credit bill would give non-violent offenders an opportunity to return home sooner with good behavior and be productive members of society and put a less burden on our jail system which is maintaining an over abundance of inmates unnecessarily for extended periods of time that are not necessary. Some inmates who demonstrate of course as non-violent offenders the ability to return to society with a very low risk of reoffending should be given that opportunity to do so and at the same time unburdening are already overpopulated jail systems. Our country has the largest amount of inmates above all. A lot of which have been sentence to very harsh sentences not supported by their offenses.

I am writing on behalf of my niece Dana, who was murdered in her home in July, 2013 by four people currently serving sentences in VA prisons. John MCKay ( life with 28 yrs + 2 mos to serve), Nace Houchin ( life with 40 years to serve), Gregory Crawford ( 20 years with 17 years to serve) and Nichole Houchin ( life with 23 years, 11 mo to serve). These four people perpetrated a brutal murder against my niece, my sisters daughter, who was 43 at the time, and the District Attorney followed every letter of the LAW to convict these four people, without a shadow of doubt. They all admitted to the murder of Dana in her own home. In the dark of night, three of these people broke into Dana's home ( while her husband was hide away in NY), and while two of them waited downstairs, Nace broke the door down to Danas bedroom, and brutally murdered her with a blunt object. There was no question to their guilt, and there was no question as to the sentence each one received. The pain and anguish caused by these four people was and still is irreversible. The only glimmer of hope my sister ( Dana's mother) had and has is that these four people were found guilty and given a determined amount of time in prison for their crime. There is no place for expungement or earned sentence credits for these four people. We as law abiding citizens have to believe that our judicial system stands for justice, for fair trials, and once a person is found guilty for MURDER, there is no room for excuses, earned sentence credits , and GOD forbid, expungement. This would be a travesty of justice and a weakening of the moral fiber that we want to believe is our judicial system. There may be some who have been wrongly sentenced in prison. There may be some who have been sentenced for much lesser crimes that deserve reconsideration, but if you had witnessed any part of this horrendous crime, you would not allow even one of these four people the right to come before you with consideration for a lesser sentence. I implore your committee to reconsider any possibilities of erasing or removing even one day of the sentence for these four people. Dana's mother, and our family suffered untold pain and loss all because four people made a plan and carried it out, without any regard for another person's life. If there is expungement for murder, what message are you as a committee sending to the public at large? We ask that you DO NOT consider reducing the sentence for John McKay, Nace Houchin, Gregory Crawford, and Nichole Houchin.

I am writing on behalf of my family Dana MacKay. John Wayne MacKay, Nace Eugene Houchin, Jr, Nichole Michelle Houchin, and Gregory Andrew Crawford were sentenced on January 16, 2016 for brutally murdering my cousin Dana MacKay. January 16, 2016 is a day our family will never forget! We got to face all four of them that day and tell them how they had taken a Dana from our family. My Aunt, Sarah Pearson’s only daughter. No one will every understand the pain those 4 murders have done to our family. Not a day goes by that she isn’t on our minds. On January 16, 2016 we had closer. We had brought Justice for Dana!!! I sit here this evening August 29, 2020, appalled that our family after only four short years are fighting for her again!! These four individuals that admitted their guilt for what they done to my cousin should NOT be considered for this early parole. You don’t understand what this will do to my Aunt who lost her only child knowing they are out and enjoying life again. She misses her daughter everyday! For her knowing these four are in prison help her make it through each day. This hasn’t been easy for any of us but I promise you if you release these four that will do her in. JUSTICE FOR DANA!!!!! Holli Watkins

On November 9, 2014, my husband was tasered upon answering the door, he and I were tied up and held hostage at home, and after three hours, we were brutally assaulted and left for dead. I was shot, then stabbed nine times; following emergency surgery, I was placed in a medically induced coma. In addition to those injuries, I suffered a severe concussion and profound trauma for more than two years, the combined effects of which would often literally shut down my brain, leaving me with no executive-level cognitive functioning: I was periodically, but unpredictably, unaware of what was happening around me, unable to process sensory information, much less concentrate, plan, prioritize, make decisions, or execute any rational course of action. My vision, hearing, and balance were compromised: I could not tolerate artificial lighting of any kind, including computer, tablet, and TV screens, nor could I focus well enough to read; I often “heard” nonexistent voices and other noises, or I could see that people were speaking to me, but I could not hear them. I had no self-awareness, so was unable to articulate what I recount here. I was largely unable to control my emotions. I screamed in public as well as at night. I would stare at my clothes for a half-hour every morning because I could not fathom getting dressed. I survived on autopilot. I would have preferred otherwise but did not possess the mental wherewithal to end my life. I was saved initially by the first responders and Level One trauma team in the ER, and much, much later, by the prosecutors, detectives, victim services staff, jury, and judge in Fairfax County. The assailant who was tried first was sentenced to consecutive life terms, plus 98 years. On the day jury selection was to begin for the other assailant, I asked to meet privately with the lead prosecutor and begged him to reach a plea agreement (more accurately, I fell apart, choking and sobbing), despite the fact that everyone – including my husband – wanted to move forward with another trial. I knew I could not endure it. I was panicked my mind would shut down while testifying. Thankfully, the prosecutor honored my request and struck a plea, which the judge accepted. The other assailant was sentenced to 45 years (five concurrent life sentences, with all but 45 years suspended). I survived violent crime, but I will never, ever be free of its catastrophic impact. Our assailants were in their early 30s when they attempted to murder us and set our house on fire; we were 61. We are terrified that one or both may be released before our deaths. I adamantly oppose any reform that would retroactively reduce the sentences of convicted violent criminals – whether through credits, parole, reductions for “good behavior,” “geriatric” release at age 60 – or any other means. I simply fail to understand how any such proposal can be defended as humane or democratic, in any sense of the words. The case has been tried. The jury has decided. The judge has ruled. At my request, a plea bargain was made and accepted. Now there are proposals that would subvert those outcomes. Why isn’t it self-evident that victims and survivors need – and deserve – justice? Sue Duncan, McLean, VA

Would you like me to introduce them to your daughter or son? I am sure we all are hearing so much of how the justice system needs reform. First off ask yourself why we need reform? Is it pressure from party lines? Pressure from inmates families? Is it pressure of overcrowding of jails and prisons? Is it because of true concern over topics of rehabilitation and not intuitional learned behavior? How much money can we save and report a great savings for prosperity. Secondly ask yourself what effects will become of my choice for SB# 5016. Is it really what I am thinking will better my state? Who will this benefit from a blanket parole release? Are we really listening to communities and all sides of family impact of such a broad paint brush on releasing inmates? Lastly, what where the real studies founded on? Did you really care to read the impact on victims’ voices? Did you truly read that most people that are in support of SB#5016 , state it should not be anyone that committed murder, rape or child abuse? Are you avoiding getting to personal with the bill so you do not have to hear or feel what this bill will do to your state? I do believe in case by case lower level crimes might have the opportunity to have a second chance. We could change some lives that have been altered to some unwise decisions in life due to being young and making a bad choice in a split second. Now saying that every single human has a right to have a say in their life so how about those who are not hear to speak? Murder is murder! There are consequences for the taking of another life! You have lost your right to have your life back if you steal another! It is that simple! Stop making it controversial and complicated because again, it is quite simple! It is not a blanket bill that we need to release these criminals that have been tried and convicted by a jury and judge! That is not the United States that I know! If we keep giving the Murderers more and more rights and less for the impacted communities, what does that say about you? If you think this level of criminals need to be wrapped into this Bill. Someone somewhere states these high level murders are rehabbed and deserve a second chance? My daughter and many others do not get a second chance! They did not get to live out their lives due to someone taking that away without thought. Just saying the key words someone needs to hear… I am so sorry, or I did not mean too (add whatever learned response that needs to be said) and then its ok to say … Now don’t do it again… freed? NO Mam and No Sir! If you think…This would not happen to my family or impact yourself… think again. You cannot even imagine what it is like till it happens to you. Till then if you fully truly believe this Bill that should be approved as a blanketed bill…. Would you like me to introduce them to your daughter or son when they are paroled?

Would you like me to introduce them to your daughter or son? I am sure we all are hearing so much of how the justice system needs reform. First off ask yourself why we need reform? Is it pressure from party lines? Pressure from inmates families? Is it pressure of overcrowding of jails and prisons? Is it because of true concern over topics of rehabilitation and not intuitional learned behavior? How much money can we save and report a great savings for prosperity. Secondly ask yourself what effects will become of my choice for SB# 5016. Is it really what I am thinking will better my state? Who will this benefit from a blanket parole release? Are we really listening to communities and all sides of family impact of such a broad paint brush on releasing inmates? Lastly, what where the real studies founded on? Did you really care to read the impact on victims’ voices? Did you truly read that most people that are in support of SB#5016 , state it should not be anyone that committed murder, rape or child abuse? Are you avoiding getting to personal with the bill so you do not have to hear or feel what this bill will do to your state? I do believe in case by case lower level crimes might have the opportunity to have a second chance. We could change some lives that have been altered to some unwise decisions in life due to being young and making a bad choice in a split second. Now saying that every single human has a right to have a say in their life so how about those who are not hear to speak? Murder is murder! There are consequences for the taking of another life! You have lost your right to have your life back if you steal another! It is that simple! Stop making it controversial and complicated because again, it is quite simple! It is not a blanket bill that we need to release these criminals that have been tried and convicted by a jury and judge! That is not the United States that I know! If we keep giving the Murderers more and more rights and less for the impacted communities, what does that say about you? If you think this level of criminals need to be wrapped into this Bill. Someone somewhere states these high level murders are rehabbed and deserve a second chance? My daughter and many others do not get a second chance! They did not get to live out their lives due to someone taking that away without thought. Just saying the key words someone needs to hear… I am so sorry, or I did not mean too (add whatever learned response that needs to be said) and then its ok to say … Now don’t do it again… freed? NO Mam and No Sir! If you think…This would not happen to my family or impact yourself… think again. You cannot even imagine what it is like till it happens to you. Till then if you fully truly believe this Bill that should be approved as a blanketed bill…. Would you like me to introduce them to your daughter or son when they are paroled?

Would you like me to introduce them to your daughter or son? I am sure we all are hearing so much of how the justice system needs reform. First off ask yourself why we need reform? Is it pressure from party lines? Pressure from inmates families? Is it pressure of overcrowding of jails and prisons? Is it because of true concern over topics of rehabilitation and not intuitional learned behavior? How much money can we save and report a great savings for prosperity. Secondly ask yourself what effects will become of my choice for SB# 5016. Is it really what I am thinking will better my state? Who will this benefit from a blanket parole release? Are we really listening to communities and all sides of family impact of such a broad paint brush on releasing inmates? Lastly, what where the real studies founded on? Did you really care to read the impact on victims’ voices? Did you truly read that most people that are in support of SB#5016 , state it should not be anyone that committed murder, rape or child abuse? Are you avoiding getting to personal with the bill so you do not have to hear or feel what this bill will do to your state? I do believe in case by case lower level crimes might have the opportunity to have a second chance. We could change some lives that have been altered to some unwise decisions in life due to being young and making a bad choice in a split second. Now saying that every single human has a right to have a say in their life so how about those who are not hear to speak? Murder is murder! There are consequences for the taking of another life! You have lost your right to have your life back if you steal another! It is that simple! Stop making it controversial and complicated because again, it is quite simple! It is not a blanket bill that we need to release these criminals that have been tried and convicted by a jury and judge! That is not the United States that I know! If we keep giving the Murderers more and more rights and less for the impacted communities, what does that say about you? If you think this level of criminals need to be wrapped into this Bill. Someone somewhere states these high level murders are rehabbed and deserve a second chance? My daughter and many others do not get a second chance! They did not get to live out their lives due to someone taking that away without thought. Just saying the key words someone needs to hear… I am so sorry, or I did not mean too (add whatever learned response that needs to be said) and then its ok to say … Now don’t do it again… freed? NO Mam and No Sir! If you think…This would not happen to my family or impact yourself… think again. You cannot even imagine what it is like till it happens to you. Till then if you fully truly believe this Bill that should be approved as a blanketed bill…. Would you like me to introduce them to your daughter or son when they are paroled?

Would you like me to introduce them to your daughter or son? I am sure we all are hearing so much of how the justice system needs reform. First off ask yourself why we need reform? Is it pressure from party lines? Pressure from inmates families? Is it pressure of overcrowding of jails and prisons? Is it because of true concern over topics of rehabilitation and not intuitional learned behavior? How much money can we save and report a great savings for prosperity. Secondly ask yourself what effects will become of my choice for SB# 5016. Is it really what I am thinking will better my state? Who will this benefit from a blanket parole release? Are we really listening to communities and all sides of family impact of such a broad paint brush on releasing inmates? Lastly, what where the real studies founded on? Did you really care to read the impact on victims’ voices? Did you truly read that most people that are in support of SB#5016 , state it should not be anyone that committed murder, rape or child abuse? Are you avoiding getting to personal with the bill so you do not have to hear or feel what this bill will do to your state? I do believe in case by case lower level crimes might have the opportunity to have a second chance. We could change some lives that have been altered to some unwise decisions in life due to being young and making a bad choice in a split second. Now saying that every single human has a right to have a say in their life so how about those who are not hear to speak? Murder is murder! There are consequences for the taking of another life! You have lost your right to have your life back if you steal another! It is that simple! Stop making it controversial and complicated because again, it is quite simple! It is not a blanket bill that we need to release these criminals that have been tried and convicted by a jury and judge! That is not the United States that I know! If we keep giving the Murderers more and more rights and less for the impacted communities, what does that say about you? If you think this level of criminals need to be wrapped into this Bill. Someone somewhere states these high level murders are rehabbed and deserve a second chance? My daughter and many others do not get a second chance! They did not get to live out their lives due to someone taking that away without thought. Just saying the key words someone needs to hear… I am so sorry, or I did not mean too (add whatever learned response that needs to be said) and then its ok to say … Now don’t do it again… freed? NO Mam and No Sir! If you think…This would not happen to my family or impact yourself… think again. You cannot even imagine what it is like till it happens to you. Till then if you fully truly believe this Bill that should be approved as a blanketed bill…. Would you like me to introduce them to your daughter or son when they are paroled?

Would you like me to introduce them to your daughter or son? I am sure we all are hearing so much of how the justice system needs reform. First off ask yourself why we need reform? Is it pressure from party lines? Pressure from inmates families? Is it pressure of overcrowding of jails and prisons? Is it because of true concern over topics of rehabilitation and not intuitional learned behavior? How much money can we save and report a great savings for prosperity. Secondly ask yourself what effects will become of my choice for SB# 5016. Is it really what I am thinking will better my state? Who will this benefit from a blanket parole release? Are we really listening to communities and all sides of family impact of such a broad paint brush on releasing inmates? Lastly, what where the real studies founded on? Did you really care to read the impact on victims’ voices? Did you truly read that most people that are in support of SB#5016 , state it should not be anyone that committed murder, rape or child abuse? Are you avoiding getting to personal with the bill so you do not have to hear or feel what this bill will do to your state? I do believe in case by case lower level crimes might have the opportunity to have a second chance. We could change some lives that have been altered to some unwise decisions in life due to being young and making a bad choice in a split second. Now saying that every single human has a right to have a say in their life so how about those who are not hear to speak? Murder is murder! There are consequences for the taking of another life! You have lost your right to have your life back if you steal another! It is that simple! Stop making it controversial and complicated because again, it is quite simple! It is not a blanket bill that we need to release these criminals that have been tried and convicted by a jury and judge! That is not the United States that I know! If we keep giving the Murderers more and more rights and less for the impacted communities, what does that say about you? If you think this level of criminals need to be wrapped into this Bill. Someone somewhere states these high level murders are rehabbed and deserve a second chance? My daughter and many others do not get a second chance! They did not get to live out their lives due to someone taking that away without thought. Just saying the key words someone needs to hear… I am so sorry, or I did not mean too (add whatever learned response that needs to be said) and then its ok to say … Now don’t do it again… freed? NO Mam and No Sir! If you think…This would not happen to my family or impact yourself… think again. You cannot even imagine what it is like till it happens to you. Till then if you fully truly believe this Bill that should be approved as a blanketed bill…. Would you like me to introduce them to your daughter or son when they are paroled?

Would you like me to introduce them to your daughter or son? I am sure we all are hearing so much of how the justice system needs reform. First off ask yourself why we need reform? Is it pressure from party lines? Pressure from inmates families? Is it pressure of overcrowding of jails and prisons? Is it because of true concern over topics of rehabilitation and not intuitional learned behavior? How much money can we save and report a great savings for prosperity. Secondly ask yourself what effects will become of my choice for SB# 5016. Is it really what I am thinking will better my state? Who will this benefit from a blanket parole release? Are we really listening to communities and all sides of family impact of such a broad paint brush on releasing inmates? Lastly, what where the real studies founded on? Did you really care to read the impact on victims’ voices? Did you truly read that most people that are in support of SB#5016 , state it should not be anyone that committed murder, rape or child abuse? Are you avoiding getting to personal with the bill so you do not have to hear or feel what this bill will do to your state? I do believe in case by case lower level crimes might have the opportunity to have a second chance. We could change some lives that have been altered to some unwise decisions in life due to being young and making a bad choice in a split second. Now saying that every single human has a right to have a say in their life so how about those who are not hear to speak? Murder is murder! There are consequences for the taking of another life! You have lost your right to have your life back if you steal another! It is that simple! Stop making it controversial and complicated because again, it is quite simple! It is not a blanket bill that we need to release these criminals that have been tried and convicted by a jury and judge! That is not the United States that I know! If we keep giving the Murderers more and more rights and less for the impacted communities, what does that say about you? If you think this level of criminals need to be wrapped into this Bill. Someone somewhere states these high level murders are rehabbed and deserve a second chance? My daughter and many others do not get a second chance! They did not get to live out their lives due to someone taking that away without thought. Just saying the key words someone needs to hear… I am so sorry, or I did not mean too (add whatever learned response that needs to be said) and then its ok to say … Now don’t do it again… freed? NO Mam and No Sir! If you think…This would not happen to my family or impact yourself… think again. You cannot even imagine what it is like till it happens to you. Till then if you fully truly believe this Bill that should be approved as a blanketed bill…. Would you like me to introduce them to your daughter or son when they are paroled?

RE: John Wayne MacKay Nace Eugene Houchin,Jr Nicole Michelle Houchin Gregory Andrew Crawford I request of the judge/court that the above referenced people are NOT allowed early release for the crimes they have committed. These people should be required to serve the full term they were sentenced to. Dana's family and friends have to live with her loss every day of their life and will for the rest of their life. I'm asking the judge/court to please not allow early release of any of the ones responsible for taking Dana's young life.

On July 27, 2013 Dana MacKay was brutally murdered by a pre meditated plan formed and carried out by John Wayne MacKay, Nace Eugene Houchin Jr, Nichole Michelle Houchin and Gregory Andrew Crawford. I am respectfully asking the Crime Commission not grant early release or parole for these 4 criminals who bludgeoned Dana to death. My friend Sarah, Dana's mother, cannot sleep at night or live one day without this horrible heinous murder of her daughter and only child replaying in her mind. She has been forever impacted and will never be the same person as she was before her daughter was murdered. These murderers should be required to carry out their sentence as it was given. Dana's family and friends have been torn apart by her murder. Her father suffered a fatal massive heart attack before he could see justice carried out for Dana, These criminals are responsible for his death as well. It is not possible for these criminals to earn early release or pardon for a crime so brutal that was planned for months as evidence proved. While there may be circumstances that warrant early release or parole, I plea with you to revisit the circumstances of this crime. It surely is not possible that these four murderers deserve that kind of mercy. They showed Dana no mercy as she attempted to protect herself from their brutal assault. Thank you for allowing us this opportunity to speak against this proposal. Respectfully submitted by Rhonda Massengill

Dear Crime Commission, My name is Sarah Pearson. I am the mother of Dana McKay. My daughter Dana was brutally murdered on July 27, 2013, in Williamsburg. Her husband, John McKay, his girlfriend Nicole Houchin, Nace Houchin, and Gregory Crawford, confessed to the crime after being confronted with overwhelming evidence. Dana was attacked in her home in the middle of the night as she slept. She was beaten to death with a breaker bar. The horror of Dana's death is almost inconceivable. It haunts me every day. She is my only child. Our family is devastated and broken hearted. The only peace of mind that I have about this tragedy is knowing that these four animals are in prison. To let them out early would be a terrible mistake. They had no mercy on my Dana and I do not believe that they deserve any mercy from the state of Virginia. It took three years, and many trips from Calhoun, Georgia, for us to see Dana's killers sentenced to prison. Dana was a precious person. Someone who made this world a brighter place. Everyone who knew her loved her, all except the demented murderers who took her life. I hope and pray that you will consider people like me and my family as you contemplate any form of early release programs for people like the four who took someone beautiful from me, and from our world. Sincerely, Sarah S. Pearson Mother of Dana McKay

Dear Friends, I have a few things to say about the early release programs that are being proposed. My stepdaughter, Dana Patterson McKay, was brutally murdered August 27, 2013 in Williamsburg. Her bedroom door was kicked in and she was beaten to death with a breaker bar. She struggled but the blows to her head severely smashed her skull and caused her death. We heard testimony about how she screamed as she was being murdered. Four people from Williamsburg, one being her husband John McKay, the others--Nace Houchin, Nicole Houchin, Gregory Crawford. They were convicted of the murder and were all sentenced to different amounts of prison time. The emotional toll that Dana's murder has had on our family, especially on my wife, Sarah Pearson, Dana's Mother, has been overwhelming. We were all devastated and broken-hearted then, and we still are. The savagery of Dana's murder is beyond description. It is my opinion that those responsible for our Dana's death do not deserve any type of early release, or consideration thereof. Dana will never have early release from death, nor will we ever be free from the pain, agony, and horror, of the deeds done to our precious Dana. She was a kind and caring person who was loved by all who knew her, except the animals who killed her. I hope you will consider the victims and victim's families before pursuing early release for those who prey on our innocent loved ones, and destroy lives and families. Sincerely, Dr. Steven F. Pearson, D. Min.

I am writing on behalf of my niece, Dana Patterson, who was murdered in her home by four people currently serving sentences in VA prisons. Their sentences are relatively new, roughly one year into a 20, 25,30,and 35 year sentence. It was a long and arduous journey to finally maneuver through the judicial system, and ultimately have all four people found guilty of a heinous crime against an innocent victim in her own home. In the beginning , the DA was considering death penalty for at least one, but the ultimate final verdict gave justification for all four people to be held accountable and serve the allotted time. We as a family were satisfied that since VA had a no parole policy, these people would serve the time for their crime. I find it unthinkable that any other considerations would be given towards these four as well as others who have subjected so many to unspeakable pain. We have to be able to believe that our justice system is strong, fair, and just. There is nothing fair, just or redeemable about allowing criminals to have pardon because of a broken system. Try to imagine this is happening in your own family and do not for one minute fall for the pleas from hardened criminals who might, and probably will say anything to escape their sentence. If our two years of moving through the legal system is going to be thrown away because of COVID and overcrowding, then the confidence you are asking us to have in this system of government is terribly flawed and upon weakening your laws, you are weakening if not destroying the fiber that supports this system. It is shameful. Sincerely, Judy Peterson

I am writing on behalf of my niece, Dana Patterson, who was murdered in her home by four people currently serving sentences in VA prisons. Their sentences are relatively new, roughly one year into a 20, 25,30,and 35 year sentence. It was a long and arduous journey to finally maneuver through the judicial system, and ultimately have all four people found guilty of a heinous crime against an innocent victim in her own home. In the beginning , the DA was considering death penalty for at least one, but the ultimate final verdict gave justification for all four people to be held accountable and serve the allotted time. We as a family were satisfied that since VA had a no parole policy, these people would serve the time for their crime. I find it unthinkable that any other considerations would be given towards these four as well as others who have subjected so many to unspeakable pain. We have to be able to believe that our justice system is strong, fair, and just. There is nothing fair, just or redeemable about allowing criminals to have pardon because of a broken system. Try to imagine this is happening in your own family and do not for one minute fall for the pleas from hardened criminals who might, and probably will say anything to escape their sentence. If our two years of moving through the legal system is going to be thrown away because of COVID and overcrowding, then the confidence you are asking us to have in this system of government is terribly flawed and upon weakening your laws, you are weakening if not destroying the fiber that supports this system. It is shameful. Sincerely, Judy Peterson

Hoping to speak on the 31st, but I wanted to send some references for you all to have as well. Thank you for taking the time to consider this information. Happy to discuss or answer any questions you may have. Thank you! If you can only read one thing, please read this article. It has a lot of links and a lot of references and clearly states why reforms like the earned sentence credit expansion should apply to all: Reforms without Results: Why states should stop excluding violent offenses from criminal justice reforms Prison Policy Initiative https://www.prisonpolicy.org/reports/violence.html Happy to discuss or answer any questions you may have. Thank you! This article is also particularly relevant to the discussion as well. If anyone has time, I also highly recommend Danielle Sered’s book Until We Reckon. Accounting for Violence: How to Increase Safety and Break Our Failed Reliance on Mass Incarceration Danielle Sered, 2017, New York Vera Center for Justice • Factors contributing to violence are shame, isolation, lack of opportunity, inability to meet economic needs and exposure to violence–the key factors of prison itself • Prison does not fix violence, in fact, it perpetuates it https://d3n8a8pro7vhmx.cloudfront.net/commonjustice/pages/82/attachments/original/1506608259/accounting-for-violence.pdf?1506608259 Governor’s Commission on Parole Report: Final Report and Recommendations Commonwealth of Virginia • See Recommendation 11 on page 25 https://parolecommission.virginia.gov/resources/final-report/2015-12-04-parole-commission-final-report.pdf Earned and Good Time Policies: Comparing Maximum Reductions Available Prison Fellowship, 2018 • Virginia has least amount of time someone can earn off of their sentence other than Ohio https://www.prisonfellowship.org/wp-content/uploads/2018/04/GoodTimeChartUS_Apr27_v7.pdf Cutting Corrections Costs: Earned Time Policies for State Prisoners Alison Lawrence, 2019, National Conference of State Legislators • “Benefits of appropriately tailored earned time policies can include cost savings and reduced recidivism.” https://www.ncsl.org/Portals/1/Documents/cj/Earned_time_report.pdf 8 Keys to Mercy: How to Shorten Excessive Prison Sentences Jorge Renaud, 2018, Prison Policy Initiative • In 2015, 21% of VA people behind bars had served 10 plus years–second highest in the country–despite one of the lowest violent crime rates, showing they're disproportionately long (data from Bureau of Justice Statistics. National Corrections Reporting Program, 1991-2015. Ann Arbor, MI- Inter University Consortium for Political and Social Research Individual State Date Available https://www.prisonpolicy.org/reports/longsentences.html#:~:text=Granting%20of%20good%20time%20%E2%A4%B5,revocations%20for%20technical%20violations%20%E2%A4%B5 How Many Americans are Unnecessarily Incarcerated? Brennan Center for Justice, 2016 • No compelling reason to keep 39% of people behind bars there, in terms of risk to public safety • Elderly are especially unlikely to reoffend • "…recidivism measured by re-arrest, reconviction, and re-incarceration declined as age increased." https://www.brennancenter.org/sites/default/files/2019-08/Report_Unnecessarily_Incarcerated_0.pdf

My husband Travis was a drug addict, he was sentenced to 10 years on a parole violation of possession of a firearm he planned on selling to buy drugs. Even though my husband never hurt or touched a soul while he was a drug addict and stealing to feed his habit, he is still considered a violent criminal. He is now many years sober, has been a model inmate, has never gotten in trouble while incarcerated, and was recent jumped by a mob, robbed, and stabbed 5 times last month, suffering a collapsed lung while COVID 19 positive. He had to fight for his life while very sick with this disease. He was nearly killed. He has 19 months left of his 10 year sentence and he deserves the chance to survive long enough to come home and prove that he is rehabilitated, sober and ready to be a productive member of society. With the earned sentence credits being available for all, he would be home MONTHS earlier than he would, and that might literally means life and death right now for many of these incarcerated individuals who are considered violent that shouldn't be. Inmates like my husband deserve the earned sentence credits to have hope and a goal to reach for, an incentive to behave and do the right thing during their sentences. EVERYONE should be given the chance to earn their good time. My husband is not an anomaly, he is just one of many who are incarcerated and CONSIDERED VIOLENT, but never once hurt anyone. Tax payer money is being wasted keeping my husband in prison longer than he should be, and the private corporation GEO Group is profiting from his incarceration and his suffering along with so many other individuals who should be allowed to earn time off of their sentences. Please consider extending the earned sentence credits to all. Virginia needs to join the majority of the rest of the states who give good time to all, and those that have parole. It is time, we deserve to have our family members back home and safe, especially during this time of COVID 19.

I support the Earned Sentence Credits Bill for all prisoners regardless of the crimes convicted. My son, Estifanos Mesghinna #1189915, was falsely convicted of some serious violent crimes but he's innocent and it's been hard to prove this in post conviction proceedings. This bill is one of the few avenues he has to lessen the injustice done to him and our family.

We are writing in support of increasing the sentence credits inmates can earn for good behavior. However, we are concerned that some of the proposed “carve outs” exclude inmates who should not be excluded as they pose no threat to the community. These are those convicted of the offenses of child pornography possession and distribution. The use of child porn is disgusting and immoral, but it does not directly or deliberately harm anyone, and CP possession and distribution are not categorized as violent sex offenses in Virginia statutes. To be clear, we are NOT talking about CP PRODUCTION, which does abuse children in horrible ways. However, the crimes of child porn possession and distribution often receive extremely lengthy sentences. For instance, in January, 2018 in Harrisonburg a man received a 170 year prison sentence following a jury trial for CP distribution (meaning he downloaded CP from the internet using peer-to-peer software which allows images to be transferred, thus “distributed”). We are familiar with the case of a young man who received a sentence of 10 years on a plea deal for CP distribution and have also read of many cases reported in newspapers of men similarly receiving sentences of 5, 10, 15 years for these offenses. In none of these cases was there any allegation of directly abusing or planning to abuse anyone. By comparison, ten years is the mandatory maximum sentence for voluntary manslaughter, where someone has actually been killed. We estimate that there are numerous men incarcerated for these offenses – probably many hundreds, perhaps more than a thousand, and they deserve a chance to earn the increased “good time” credits. Making all these exclusions will have a financial impact. If these men are not a threat to society then it is a significant waste of taxpayer money to incarcerate them with such lengthy sentences if they demonstrate good behavior and a desire to return to being productive members of society. If it is necessary to have any exclusions at all, we urge you not to exclude those serving sentences for child pornography possession and distribution.

Hello, Allowing those behind bars to EARN a Second Chance to become productive citizens by working to improve themselves to gain an earlier release will save Virginia millions of dollars plus restore shattered families. Please give the Earned Sentence Credits Bills a positive recommendation to the Virginia Special Session of the General Assembly. Thank you. Gary and Debra Turner Harrisonburg, VA