I would like you to support this bill with only exception. Extend to release time from 15 days to 25 days. This would give all the appropriate agencies (law enforcement, etc.) time review the sound & video.

I believe that this bill is necessary because we need to hold those in law enforcement accountable for the use of force. I believe that this action would protect not only the person being pursued by the officer but also it would protect the officer. I believe that the majority of police are there to protect. I also know that there is inherent racism and bias that has led to unfair treatment of people of color. This bill, I believe will make everyone safer.

I urge the Public Safety Committee Chair and Members to fully support all of the following: HB 1941 - Rasoul HB 2226 - Kory HB 2291 - Williams Graves HB 2325 - Hope HB 1941 - Rasoul would require that, whenever a law-enforcement officer discharges a firearm or weapon on a person resulting in death or serious bodily injury, any video or audio recording that relates to such incident produced or obtained by a law-enforcement officer be open to inspection and posted on a website that is available to the public or that clearly describes how the public may access such data. This legislation provides new protections for victims of police brutality, specifically Black and Brown victims. Accountability must be present in law enforcement if better relationships are to be fostered between them and Black communities, which is why I join the Virginia NAACP in supporting this crucial legislation. HB 2226 - Kory establishes a process that allows a person to contest the determination that they are a member of a criminal street gang, request information about whether their information has been entered any systems, request removal of their information from said systems, and petition a general district court for review of an agency's decision to enter his information into the systems. This legislation will provide a modern and advanced demonstration of Virginia attempting to combat its discriminatory past. Virginians deserve a chance to address any allegations that have been made about them, especially criminal affiliation, which is why I join the Virginia NAACP in supporting this important legislation. HB 2291 - William-Graves would add a sheriff's office to those law-enforcement agencies that may be overseen by a law-enforcement civilian oversight body created by a locality and adds a non probationary deputy sheriff to those law-enforcement officers who are subject to such body if created by a locality. This legislation provides new protections to prevent police brutality and hold law enforcement accountable. Permitting civilians to be included in the conversation of law enforcement allows for the fostering of better relationships in Virginia communities, specifically Black, which is why I join the VA NAACP in supporting this crucial legislation. HB 2325 - Hope would create the Office of the Department of Corrections Ombudsman. The bill enumerates the duties and powers of the Office to protect the livelihood of inmates such as providing information, as appropriate, to inmates, family members, representatives of inmates, Department of Corrections employees and contractors, and others regarding the rights of inmates. Legislation such as this provides new protections for inmates and their well being. Correctional facilities and officers must be held accountable now more than ever, which is why I join the VA NAACP in supporting this crucial legislation. Thank you for your time, consideration, and work on behalf of equity for Virginians.

VSC NAACP are in strong support of all checked bills

Please vote yes on this bill - vote yes for transparency and to improve citizens' access to police data. (Whenever a law-enforcement officer discharges a firearm or weapon on a person resulting in death or serious bodily injury, this bill would make video or audio recording open to inspection and posted on a public website (or describes how the public may access this data.) Thank you.

The Virginia Coalition for Open Government supports this bill.

Statement of the Tobacco Free Alliance of Virginia Before the Transportation and Safety Subcommittee of the Appropriations Committee Virginia House of Delegates February 1, 2021 Mr. Chairman and Members of the Committee: Tobacco retail licensing (“TRL”) is an essential part of enforcing tobacco laws at retail. H.B. 2164 will establish a framework for enforcement the Commonwealth now lacks, so it can begin actively enforcing the state and federal Tobacco 21 laws. The Facts • Virginia passed a “Tobacco 21” law two years ago to address the skyrocketing rates of youth e-cigarette use. A year later, Congress passed Tobacco 21 and made it the Law of the Land. Per FDA guidance, all states are now required to enforce Tobacco 21. • Virginia is not enforcing Tobacco 21 and is putting kids’ lives and state-received SAMHSA block grant dollars at risk each year it waits to enact an enforcement program. • Enforcement of tobacco retail laws is most effective through a TRL. Virginia doesn’t even have a current or complete list of who’s selling tobacco or nicotine products at retail. • H. 2164 would create a retailer database and framework for effective enforcement, including penalties and license suspension for retailers who sell unlawfully. • TRL laws level the playing field for retailers who obey the law by penalizing those who don’t. • Virginia is one of only NINE states that does not require tobacco retailers to obtain a license. • Current retailer violation rates have climbed. For the last full year data was available (2018), Virginia’s retailer violation rate (RVR) was close to 17%. Since enforcement efforts have been suspended (both due to COVID-19 restrictions and the absence of a statewide enforcement program), the violation rate is likely much higher now. • If Virginia fails to demonstrate an annual tobacco retailer violation rate of under 20%, the Commonwealth eventually risks losing more than $4M in federal substance abuse block grants from SAMHSA ($4 M is 10% of its annual SABG). The General Assembly is painstakingly considering how the legalized cannabis laws will work in Virginia, and these new laws will include significant retailer licensing fees and fines. Tobacco use causes more harm than marijuana ever has and costs Virginia in thousands of lives lost and billions of dollars spent each year. In the original bill last year, the fiscal note likely would have been close to zero as an annual license fee paid by retailers would fund and sustain the program. We took that fee out of the bill this year due to concerns for small businesses. However, a license fee appears necessary if we are to pass meaningful legislation that achieves its goal of cost neutrality and enforcing Tobacco 21, which the state is required to enforce. We must continue the conversation about strong enforcement of Virginia’s tobacco sales laws and license all tobacco and nicotine retailers the way our neighbors do in Maryland and D.C.—and the way 40 other states do, as well. We cannot afford to continue kicking the can down the road. Thank you for your attention to this important issue for all Virginians.

The VACSB strongly supports HB2164. Virginia receives federal block grant funds for tobacco prevention efforts. Over the years, the use of those funds has been expanded to include vaping and other nicotine delivery vehicles. In order to maintain the funding, CSB prevention programs have to identify each tobacco vendor and vape shop in Virginia so that they can engage in prevention activities with them. This identification effort is arduous. HB2164 would allow the CSBs to access an accurate list of vendors as opposed to having to identify them by driving around looking for them. The time saved on identification efforts can be spent on the engagement efforts that are needed to keep the block grant funds in place in Virginia as well as use them more efficiently.

I understand you will be reviewing HB 2312 today, although I don't see it listed above? I oppose HB2312 for a number of legitimate, research-based reasons. First and foremost, now is not the time to legalize marijuana due to the pandemic, recession, and rise in other drug abuse/deaths! To legalize a schedule 1, addictive drug sends the wrong message to youth and the entire community. The message it sends is that marijuana is safe, low risk, condoned, and normalized. However, the opposite is true; marijuana use exacerbates the effects of Covid 19. The income from taxes is grossly underestimated, as per states that have legalized marijuana. Legalizing marijuana does not adequately address racial injustices and economic disparities. The start year of 2023 is unrealistic in terms of the need to build an infrastructure that will mitigate risk and respond to marijuana use/abuse issues. Once Virginia is ready to legalize marijuana, the three work groups should be clustered as follows: health and safety, K-16, and adult (since older adults are the fastest growing user group of marijuana nationally). I can provide references and more information if requested. Thank you. Dr. Mary Crozier mkcrozier@gmail.com

Thank you for the opportunity to provide comments on behalf of the American Lung Association in Virginia in regards to HB 2164 by Delegate Hope. The American Lung Association strongly supports HB 2164, which would create a licensing program for tobacco retailers in Virginia. We are asking that you vote yes, at the upcoming ABC/Gaming Subcommittee meeting. Currently, Virginia does not require tobacco and e-cigarette retailers to obtain a tobacco retail license. Virginia is one of 9 states that do not have a Tobacco Retail License. Without a comprehensive tobacco retail license program, Virginia cannot effectively enforce, educate, monitor, or penalize illegal sales of tobacco products. According to data strong retail licensing requirements have been found to reduce youth e-cigarette and tobacco use. HB 2164 would be a good step in implementing a tobacco retail license infrastructure in Virginia. HB 2164 would: • Require all retailers of tobacco and nicotine products to obtain a Tobacco Retail License through Virginia Alcohol Beverage Control Authority (ABC) and renew it annually • Establish a comprehensive list of all tobacco and nicotine retailers within the Commonwealth which we currently do not have. • Establish enhanced civil monetary penalties and outline license suspension and revocation provisions • Aligns definitions of tobacco products and electronic smoking devices in state code with federal definitions • Prohibits sales of tobacco and nicotine products from vending machines • Removes youth purchase, use and possession penalties, which target kids and have not been shown effective in reducing youth use of tobacco. The American Lung Association thanks you for the opportunity to share our comments on this proposed piece of legislation and encourages you to support a strong Tobacco Retail License in Virginia, by voting yes on HB 2164. If we can answer any additional questions or provide more information please feel free to contact me.

House 2164 is about two things: One, establishing a tobacco retail licensing requirement for every seller of tobacco and nicotine products in the Commonwealth, and two, establishing a penalty structure for those who break the law. No doubt you’ve heard this statistic: 95% of all smokers start before they’re 21. Most start much younger than that. Tobacco 21 laws are designed to reduce youth use and addiction by delaying the age of initiation. Tobacco retail licensing supports the enforcement of Tobacco 21 laws so they work to reduce youth initiation and use. In Virginia, not only are we not enforcing Tobacco 21, we don’t even have a complete list of who’s selling these products over the counter. H. 2164 will change that. The bill reflects many months of work and discussion between Delegate Hope, Public Health and the Tobacco Industry. All sides compromised and all stakeholders’ interests are reflected in the bill. Two years ago, the General Assembly passed a Tobacco 21 law to address the youth e-cigarette epidemic. The problem was we weren’t ready for a Tobacco 21 law because we had no infrastructure in place to enforce it. The result is our Tobacco 21 law is not being enforced, and retailer violation rates have climbed. For the last year data was available, which was 2018, our Violation Rate was close to 17%. Because of the absence of a comprehensive enforcement program in Virginia, the Violation Rate is likely higher now. This matters for two reasons: First and most important: our kids. Virginia youth continue to have easy access to tobacco and vaping products at retail. More kids addicted to tobacco and nicotine will mean more adult tobacco users and will continue to cost the Commonwealth in lives lost and billions spent in health care each year. The second reason is that one year ago Congress ALSO passed a Tobacco 21 law, keeping in it something called the "Synar Amendment," which requires states to demonstrate a retailer violation rate of NO MORE THAN 20% as a condition of receiving programmatic federal block grants. Virginia currently receives about $40M annually from SAMHSA in these block grants. If we don’t start enforcing Tobacco 21, we stand to lose more than $4M each year until we bring down our violation rates. Age of sale laws are most effectively enforced through a Tobacco Retail Licensing program. Most states understand this, but Virginia is one of only NINE STATES IN THE COUNTRY that does not require tobacco retailers to obtain a privilege license. Enforcing Tobacco 21 without licensing is next to impossible. H. 2164 will establish a framework for enforcement, after which the ABC can begin active enforcement. Identifying and penalizing those selling without a license or selling underage will level the playing field for all retailers by eliminating the unfair advantage rogue retailers now have over law-abiding retailers. Support for this bill is strong: 80 percent of Virginia adults surveyed believe all retailers should be licensed to sell tobacco and nicotine. Organizations who support H. 2164 include: The Tobacco-Free Alliance of Virginia, the Medical Society of Virginia, Campaign for Tobacco-Free Kids, American Cancer Society Cancer Action Network, Virginia Chapter of the American Academy of Pediatrics, the American Lung Association, the Preventing Tobacco Addiction Foundation and Tobacco 21.org.

We should NOT eliminate minimal sentencing for impaired drivers in Virginia. Too many innocent people like my nephew are killed by those who drink and drive on our roads and their selfish actions should not be condoned.

I actually believe that The group violins Intervention is the better program for Communities that are facing severe gotten violence

HB1909 - Permits School Boards to prohibit guns on their property. School Boards are offices with adult workers in them, just like thousands of offices across the Commonwealth. It makes no sense to treat them as if they were a school with children in them. HB1992 - Expands the number of things that qualify as misdemeanor domestic violence beyond what the federal government uses to take away gun rights. There is no provision to restore rights in the bill and it would create a lifetime ban on gun ownership for a mere misdemeanor. From a gun-rights perspective under this bill, the person charged would be better off seriously harming the other person and getting a felony conviction, from which their gun-rights could eventually be restored. HB2128 - Extends number of days a person can be delayed in purchasing a firearm. This bill could make a person wait up to five business days for a background check approval, which would take more pressure off the government to do a timely background check. The promise to gun owners is that the background check system is supposed to be an INSTANT CHECK, not a five-day waiting period check, which, with weekends/holidays could be up to NINE-days in realtime. The current three days is more than sufficient. Best to follow federal law on how long a transfer can be delayed. Even lawful buyers get held up this would be an undo burden. HB2276 - Makes most homemade guns illegal. This bill was written without a clear understanding of the current law on homemade guns for a person's own use, which has been legal since America's founding. Besides banning personally-made guns from 80% receivers completely, the bill makes the existing owners of such guns instant criminals, even if the owner had applied directly to the ATF for a serial number and put the serial number on the gun. Best to follow federal law on such guns.No evidence that 80% firearms are a problem. HB2295 - Would you really vote to limit a right in which you already have? There has been no events that justify stripping the very people represented by the General Assembly of their right to self-defense. Citizens have been carrying on Capitol grounds and buildings for years responsibly and without incident. It also prohibits guns in state buildings and parking lots, including rest areas

I don't approve of HB 1909, HB 1992 and HB 2128 because it may be resourceful as a deterrent for future violent crimes, but it's not the solution for the families and communities whose impacted presently. It will make it more difficult for hard working, honest citizens to protect themselves and their property. If in distress, this can create a life or death situation for a innocent victim(s). I only approve of HB 2276 if it can be proven in court that the firearm(s) recovered by law enforcement was either purchased illegally or stolen from it's original owner. I have no comment about HB 2295 because I was under the assumption that firearms were prohibited from state grounds unless if it's the property of the state. As of HB 2231 and HB 2216, I support these bills because 1. HB 2216 makes the safety and welfare of the citizens of the Commonwealth a priority regardless of age, race, gender or disability and 2. HB2231 is an additional resource law enforcement can use in the communities they serve to ensure transparency and restore communication and trust.

First, let me say that I'm very disappointed in the fact that, though I signed up to speak to deliver my testimony, I never received a Zoom invite to do so. In 1997 I fell in love with a single mom of two kids who lived in Camden, New Jersey, which at the time was the murder capitol of the United States. The many gun laws on the books in New Jersey served as an insurmountable barrier to legal gun ownership for a woman who was on public assistance, relied on public transportation, and was either a full time college student or a full time employee as well as raising two kids, but they sure didn’t do much to stop the guys who were actually shooting people in her neighborhood. The gunfire was so common that one night she fell asleep while we were on the phone talking, and just seconds after I clearly heard the sound of several rounds popping off through the receiver. I spent a sleepless night believing she was dead, only to hear her answer her work phone the next morning when I frantically called. When I expressed my amazement at her falling asleep, she laughed a hard laugh and said “this is Camden. Gunshots are like the sound of crickets where you live.” At the same time I was getting my first lesson in the futility of trying to ban and restrict (And therefore arrest) our way to safety, up in Boston police, researchers, and academics were engaged in a transformational shift in policing. By focusing on the small number of individuals who are the actual drivers and most likely victims of violent crime, methods that have now been largely adopted in Project Ceasefire and Project Exit, both law enforcement and community activists were able to reduce the juvenile homicide rate by more than 50%. Since then, these methods have been successfully deployed in dozens of cities. This is a nonpartisan, effective way of reducing violent crime. Of making streets safe for kids again. Of helping gang members escape the life before it kills them. And yes, of ensuring that those who insist on continuing to shoot wantonly and willfully into their community will face genuine and long lasting consequences. Regardless of your opinion on the need for New Jersey-style gun laws in Virginia, this bill is worth supporting. I happen to think HB 2231 will save far more lives than any new restriction on the right to keep and bear arms that has been passed by this committee, but whether you are a Democrat or a Republican; a gun control advocate or a staunch Second Amendment activist; HB 2231, deserve your vote in favor of passage.

WE support this bill,this HB2325 will increase public saftey,reduce recidivism and help with increasing healthy communities,all of which will save a lot of tax dollars.

Virginia needs an independent method to determine the status of state prisons. The history of solitary confinement shows that DOC portrays itself in the best possible light and sometimes in misleading ways. The Senate and House of Delegates need an unvarnished account of what happens in order to better provide for the public safety and make sure prisoners are rehabilitated before release and not damaged into further crime by solitary confinement, lack of programs or other deficiencies that easily happen with restricted budgets and priorities set mostly to security. We need an ombudsman office

Hello, Delegates; Please Vote YES for HB2325 Creation of Office of the Department of Corrections Ombudsman to bring accountability and oversight to the Virginia Department of Corrections. A fully-funded Ombudsman would prevent future costs to taxpayers by identifying problems in the DOC early, before they require major, expensive lawsuits like those just recently sited in the Richmond Times Dispatch: Jan 2021. A Second recent settlement in solitary confinement suits against Virginia Department of Corrections was settled for $150,000. It was reached in the case of a mentally ill Virginia inmate allegedly held in solitary confinement for 600 days leading to his mental and physical collapse. It is the second recent settlement reached in a case of the alleged misuse of solitary confinement by the state. Earlier this month, there was a $115,000 settlement in a suit filed by Nicolas Reyes, 55, an inmate who cannot speak English and who was allegedly held in solitary confinement for 12 years. By Frank Green of the Richmond Times Dispatch Please hold DOC accountable for its abuse of power and mismanagement of Virginia taxpayer's money. Vote YES for SB2325. Thank you. Gary and Debra Turner

Thank you, Chairman Krizek and members of this subcommittee for considering our written testimony. As co-founder of the Humanization Project I am in touch with people behind bars on a daily basis and can assure you that oversight of DOC is desperately needed. I would get into details of the appalling things we have heard of, especially during this pandemic, but I know that is not your focus. Your focus is to consider the costs of this bill. We believe that the projected costs are overinflated and know that similar oversight boards in other states cost between one and two million dollars per year. You should have written testimony from other experts attesting to this as well. I would also like to encourage you not to just consider the costs of the bill, but to consider the costs of NOT having oversight for DOC. In the past week alone, I have seen two articles citing DOC lawsuit settlements that together cost over $250,000. In the first six months of 2020, DOC spent over a million dollars to settle just two lawsuits. At the moment, lawsuits are one of the only ways that people behind bars have any recourse for wrong doing against them. This bill would create a different avenue for them, one that should be more effective for all involved and avoid escalation into the courts. It is incomprehensible that an entity with over a billion dollar budget and responsible for the lives of almost 30,000 people has no real oversight. Please vote to report this bill out and help change that. Thank you, again.

We support HB2325 and ask that you support the bill. VADOC is the largest employer in the Commonwealth and demands a $1.4B budget line. They also are charges with the safety and care of over 30,000 Virginian who are unable to advocate for themselves and are considered legally disabled for the purposes of litigation. This is by definition a vulnerable population. We go to great lengths to protect children and senior citizens, as we should, through oversight because they are also vulnerable and often unable to advocate for themselves. We should do the same for not just the population of those incarcerated in VADOC, but also for the staff, contractors, and volunteers at these facilities. This bill does that. While the VAODC will submit an inflated Fiscal Impact Statement, we have submitted documents and testimony that illustrate that this office and oversight is viable with lees than $2M in funding as it has been operating in other states with similar budgets, population, and prison population. You may recall in the Special Session VADOC actually proffered a fiscal impact statement asserting that it would cost more to reduce their prison population by several thousand than it would to keep more people incarcerated. If that was the case we should have put up fences around the Commonwealth to realize savings. The fact is that the assertions that VADOC makes regarding the fiscal impact of this, and any other bill that is undesirable to them, are simply an underhanded and obvious attempt to undermine and kill this bill which only further bolsters the argument and need for independent oversight.

On behalf of the ACLU of Virginia and its 200,000 members and supporters, we write to strongly support HB 2325. We submitted a written letter to the members of the appropriations committee via email last night, and I would refer you to that letter for our full statement, but we urge this committee to appropriate the money needed to provide meaningful and independent civilian oversight over the Virginia Department of Corrections. H.B. 2325 will create a new Office of the Ombudsman that will be entrusted to monitor VDOC facilities, resolve concerns of incarcerated people and their loved ones, and ultimately ensure that external stakeholders, including members of the Virginia general assembly, have the information necessary to bring much-needed transparency and accountability to an agency with a $1.4 billion annual budget. Although we understand that VDOC has estimated such an office will cost between $9 and $11 million, annually, the experience of other states strongly suggests this figure is overblown and that approximately $1.5-$2 million is all that is necessary to fully fund an agency that will enable greater transparency and improved stewardship over a major component of the Commonwealth’s annual budget.

My name is Tinsae Gebriel, and I’m submitting written comments on behalf of FAMM. FAMM strongly supports this bill because we believe prisons should be safe, humane, and conducive to rehabilitation. An agency like the DOC that is responsible for the care and safety of nearly 30,000 people needs transparency and oversight. All prison systems should be subject to oversight by a body that is independent, able to access and inspect prisons, offer recommendations to the DOC to ensure that prisons are well-managed, and help resolve concerns that are flagged by family members, prisoners, and staff. An independent oversight body can help prevent costly future problems, improve prison conditions for both the incarcerated and staff, and help the General Assembly identify systemic changes. It is essential that the Ombudsman Office receive funding. Creating an Ombudsman without adequate funding ensures that no oversight will actually be done. The Washington State Office of Corrections Ombuds, which has similar oversight powers as those established in HB 2325 has an annual budget of less than $1.5 million. I urge the committee to advance this bill and appropriate the proper money needed to enact HB 2325. Thank you.

We support the bill, and we believe the FIS is completely overstated. DPB did a FIS for SB1442, which would create a 33 position Public Defender Office in Chesterfield. They estimated it would cost $3,060,354 per year to fund the office. The Ombudsman's office would be substantially smaller than a public defender's office. Assuming that creating an 11 person office would be about half the cost, this would put the cost estimate in line with the fiscal impact of this type of office from other states, including Washington, upon which this bill is modeled. That is if you even need 11 people in this office. DOC currently has a budget of approximately 1 billion dollars, and changes to the earned sentence credit system will result in DOC having fewer people in their care in the coming years. Therefore, there will be savings within the DOC budget that can be used to fund this office. This office will also help save the Commonwealth money from attorney's fees, OAG resources, and settlement payments form lawsuits as it will help to reduce the number of lawsuits filed against DOC over time.

VADOC has no position on this bill. However, if I am needed for any technical questions, I can be reached at 804.840.6449. Thank you

I urge the Public Safety Committee Chair and Members to fully support all of the following: HB 1941 - Rasoul HB 2226 - Kory HB 2291 - Williams Graves HB 2325 - Hope HB 1941 - Rasoul would require that, whenever a law-enforcement officer discharges a firearm or weapon on a person resulting in death or serious bodily injury, any video or audio recording that relates to such incident produced or obtained by a law-enforcement officer be open to inspection and posted on a website that is available to the public or that clearly describes how the public may access such data. This legislation provides new protections for victims of police brutality, specifically Black and Brown victims. Accountability must be present in law enforcement if better relationships are to be fostered between them and Black communities, which is why I join the Virginia NAACP in supporting this crucial legislation. HB 2226 - Kory establishes a process that allows a person to contest the determination that they are a member of a criminal street gang, request information about whether their information has been entered any systems, request removal of their information from said systems, and petition a general district court for review of an agency's decision to enter his information into the systems. This legislation will provide a modern and advanced demonstration of Virginia attempting to combat its discriminatory past. Virginians deserve a chance to address any allegations that have been made about them, especially criminal affiliation, which is why I join the Virginia NAACP in supporting this important legislation. HB 2291 - William-Graves would add a sheriff's office to those law-enforcement agencies that may be overseen by a law-enforcement civilian oversight body created by a locality and adds a non probationary deputy sheriff to those law-enforcement officers who are subject to such body if created by a locality. This legislation provides new protections to prevent police brutality and hold law enforcement accountable. Permitting civilians to be included in the conversation of law enforcement allows for the fostering of better relationships in Virginia communities, specifically Black, which is why I join the VA NAACP in supporting this crucial legislation. HB 2325 - Hope would create the Office of the Department of Corrections Ombudsman. The bill enumerates the duties and powers of the Office to protect the livelihood of inmates such as providing information, as appropriate, to inmates, family members, representatives of inmates, Department of Corrections employees and contractors, and others regarding the rights of inmates. Legislation such as this provides new protections for inmates and their well being. Correctional facilities and officers must be held accountable now more than ever, which is why I join the VA NAACP in supporting this crucial legislation. Thank you for your time, consideration, and work on behalf of equity for Virginians.

Please vote YES on 2325!

VSC NAACP are in strong support of all checked bills

Please vote for HB2325. Inmates’ needs are often not attended to and their family’s concerns are not heard because there is not currently an Ombudsman position in place in the VA Department of Corrections whose mission is to look out for them. Inmates need access to resources and a professional person (with an oversight committee) to provide those resources. Thank you.

I urge you to vote YES!

Please vote YES on this bill HB 2325 to provide transparent justice to the imprisoned.

Please vote yes on HB 2325, which would establish an independent oversight mechanism for the Department of Corrections (VADOC). From my work with incarcerated people in Virginia through Interfaith Action for Human Rights, I can vouch for the need for this legislation. Over the last 5 years, we and other advocates and family members have brought many allegations of abusive treatment in prisons to the attention of the leadership of the VADOC. In every instance, we have been told we have been misinformed and that the allegations have been investigated and found to be unsubstantiated. Yet no report of an investigation is ever provided to the prisoner, the prisoner's family, or outside advocates. There is currently no independent entity charged with overseeing the VADOC that can seek the truth regarding these allegations and provide accountability. If the VADOC has no concerns about transparency and accountability and is confident about being vindicated against allegations of staff misconduct, it should welcome independent oversight. Please do not allow this bill to be killed by an inflated financial impact statement. We know that Washington State implemented a very similar oversight mechanism at a cost of $1.5 million. There is no reason to think that it would cost more than this for Virginia to adopt a similar approach, and $1.5 million represents one-tenth of one percent of the VADOC’s annual budget. This money would be well spent if it could prevent costly future problems and lawsuits. Gay Gardner, Interfaith Action for Human Rights

As the Social Action Linking Together (SALT) Coordinator of Public Affairs, a Virginia voter, and a Virginia taxpayer, I urge you to support HB 2325, legislation that will provide protections for the incarcerated and staff, and encouraging them to report problems and seek the Ombudsman’s help. The legislation will: - Provide greater transparency and accountability to taxpayers - Help lawmakers get information they need to enact informed budgets and legislation - Prevent costly future problems and lawsuits - Encourage good behavior and improved performance at the DOC - Improve prison conditions and facilities for both staff and incarcerated people - Improve the DOC’s relationships with incarcerated people and their families by creating more help for receiving and resolving complaints. Submitted by Robert Stewart on 01.28.2021

Please vote 'YES" on this bill.

Covid has exposed the inhumane treatment of those incarcerated in VADOC. The sad part is the situation was already bad before Covid and no one cared. Since Harold Clarke and Sec Brian Moran have no plans to make a difference then someone independent of the VADOC needs to come in and monitor the situation. The incarcerated are people and deserve to be treated like people. It is time for accountability. Please pass this bill.

Good morning, Just wanted to send a written statement also in Hopes to help you all understand how much HB2325 is needed! Thos bill will help the worker at the different facilities, the residents and the family members on the outside! It is heartbreaking they way they are treated at times , and as a family member you struggling to help help! I also want you to know that I personally appreciate you reading this and hope you voted YES if you didn’t I think it would be helpful for your constituents if you explain why!! Thank you again Frances Ross

Department of Corrections has managed to shut off communication with family members and individuals who are incarcerated and have no one to answer to other than Harold Clark - who will respond IF he feels like it. We were told that Department of Corrections received no additional funding to facilitate the early release of individuals who were eligible for early release. COVID numbers rose, people were dying, staff was contracting and carrying the virus and no one would give any measure of transparency to the public. The same email would be sent out to families inquiring about their loved ones. I lost a close family friend due to COVID last year. He should've come home; he was elderly, he had cancer and he had less than a year left on his sentence. He had been moved to Deerfield Correctional Center, where he would never walk the streets as a free man again. He was not sentenced to die. His name was Teddy Bear to us; but to the state, he was just another number. Data was said to be inaccurate as put out to the public. Re-entry organizations were not given appropriate notice of how many people would be released into the community. The burden of providing services fell on grassroots organizations. People who are incarcerated have not been able to touch or see their loved ones for near a year and tensions are steadily increasing inside of the facilities across the state and we are still shut out. There is little to no communication; there is no one to keep track or report on health and safety issues or concerns inside of the facilities. They need someone who will oversee conditions and be a liaison between the DOC and the community. I support this bill and hope that this position can be created and maintained, even after this pandemic is over. Thank you for your time.

I apologize that I cannot be there to speak in person in the morning. I am writing in support of HB 2325, and knowing this subcommittee, I trust that it should report to the full committee easily. Very simply, an entity that has dominion over the well-being and lives of tens of thousands of people should not be without some sort of oversight. That VADOC currently has no oversight is appalling. As the Humanization Project we are in touch with many people behind bars on a daily basis. For years we have seen the need for oversight, but as the current pandemic has progressed that need has become increasingly urgent. In 2020 we bore witness to so many appalling situations, from men being literally saran-wrapped into their cells and denied water to clandestine transfers and floods. We know, currently, if someone behind bars has a complaint, those complaints just remain within the department of corrections, often being submitted to the exact person who caused the complaint in the first place. Something more must be done. This isn't rocket science, nor do we need to reinvent the wheel. Other states have oversight for DOC and so should we. Issues surrounding costs are exaggerated. This should be simple and easy. Please vote to report HB 2325. Thank you!

HB 2325 would create much-needed independent oversight over the prison system by creating an office whose responsibility it is to inspect prisons, recommend and monitor improvements to prison conditions, and help resolve concerns of those who are incarcerated and employees. Virginia’s prison system, especially with conditions deteriorating as COVID continues to spread throughout its facilities, is long overdue for an accountibility mechanism. Prisons perpetuate a system of injustice. Decades of STRUCTURAL RACISM in criminal justice policies have created tremendous disparities in who gets imprisoned and for what. At minimum, racial and economic justice require stringent oversight for a system that disproportionately targets Black, Brown, and poor people. Monitoring conditions of confinement and providing assistance for self-advocacy for people behind bars is bare minimum in protecting prisoner’s rights—because prisoner’s rights are human rights and that cannot be forgotten. Pass this bill and then continue with efforts to END mass incarceration.

My name is Valerie Slater and I am the Executive Director of RISE for Youth and a Board member of The Activated People. I am writing in support HB 2325 which provides numerous protections for incarcerated people and staff. These protections encourage staff and incarcerated individuals alike to report problems and seek the Ombudsman’s help. Some protections provided in this bill are : - The creation of a confidential hotline and electronic complaint form that allows incarcerated people, families, and staff to submit complaints directly to the Ombudsman - IT bans retaliation by DOC officials against people who file complaints or report issues - It sets reasonable and prompt timelines for the Ombudsman to respond to complaints and - It allows the Ombudsman to work with DOC officials to resolve complaints. This bill provides responsible oversight and protection for the human rights of incarcerated individuals and DOC staff. For these reasons, RISE for Youth and The Activated People support this bill and ask that you committee members vote Yes on HB2325.

Early May of 2020 I got a phone call from my shocked son telling me he had been moved from a level 2 to a more dangerous level 4 facility. No explanation was given nor were any charges placed against him. When the transfer occurred, he was alone in a cell under quarantine as he was one of the first to be diagnosed with COVID 19. At the time I was the administrator of a Facebook page for his facility. The wife of the other man involved had sent a letter to state officials demanding changes. Criticism was growing on the page as time passed. They weren’t following CDC guidelines and families panicked when COVID cases increased. Phone calls and emails to wardens and those in higher command were ignored. In desperation we contacted Elliott Harding, a lawyer in Charlottesville who was willing to find out why the transfer was made. Courteney Stuart of CBS 19 News in Charlottesville did a series of 4 interviews that aired weekly in May. They described the story of the unusual transfer made during a pandemic. Our goal was to have our loved ones returned to a level 2 facility. By the end of May, Mr. Harding received the transfer papers from DOC. The documents showed 2 men were transferred who were in buildings where there were no alleged security violations. I believe the transfer was retaliation for criticism on Facebook of the prison’s conditions. They used the alleged safety violations by others as an excuse for the retaliation. They violated their own operating procedures by transferring during the pandemic to silence criticism of their handling of the COVID 19 outbreak. The second transfer came just days after the final documents arrived. On June 1st the DOC honored our only request and transferred our loved ones back to Level 2 facilities. Unfortunately, our story is not unique for DOC. If the Department of Corrections had had an independent oversight committee and ombudsman, we wouldn’t have needed a lawyer and the news media to help us. Please support this bill. Thank you.

Dear Delegates; We are writing you in support of HB2331 Repeal Mandatory Minimums, patron Del Mullen. We strongly support the ability of those convicted before July 1, 2021 who were not convicted of a Class 1 Felony or sentenced to a life sentence, to be able to petition the circuit court that entered the original judgment to have their sentence suspended, be placed on probation or in some way have their sentences mitigated. Repealing the sentence does not mean we are reducing the potential for severe punishment; it simply means we are returning the sentencing decision to the judge where it rightfully belongs. Mandatory minimums do not deter crime. People are not deterred by something they do not know exists. They do not reduce drug use or addiction and they are racist. Over 30 states have reformed or repealed their mandatory minimum sentences in the past two decades while maintaining public safety. In 2017, the first 6 months after repealing mandatory minimums in Louisiana, the state saved $12 million. President-elect Biden supports repeal of mandatory minimums. He will work for the passage of legislation to repeal mandatory minimums at the federal level. And, he will give states incentives to repeal their mandatory minimums. Virginia supports the repeal of mandatory minimums. The Virginia Crime Commission overwhelmingly supported the repeal of mandatory minimums plus a route to mitigation of sentences for those already serving sentences under these burdensome laws. Please support the repeal of ALL mandatory minimums in Virginia and allow those already serving a mandatory minimum a route to mitigate their sentences through the courts. Thank you. Gary and Debra Turner

My name is Tinsae Gebriel, and I’m submitting this written statement on behalf of FAMM. FAMM supports this bill. Eliminating mandatory minimums would ensure that judges, who are selected by the General Assembly and informed by sentencing guidelines, would be able to consider all relevant facts and circumstances about the case and the defendant and decide appropriate sentences. Years of research shows that mandatory minimums do reduce or deter crime. But they do impact communities of color disproportionately. The only aspect of this bill that falls short in our views is that it doesn’t repeal all mandatory minimum sentences, as recommended by the crime commission. We believe that judges should have the authority to consider all the relevant facts and circumstances in every case before imposing a fair punishment. Thank you for considering my views.

Virginia Victim Assistance Network supports this legislation. We represent victim/witness advocate offices around the commonwealth and serve over 75,000 victims of crime annually in Virginia. VVAN understands both victims and their offenders suffer if a broken process denies their fundamental right to justice. This bill is crafted balancing both victim concerns and smart criminal justice reform. We urge you to support this bill.

Mothers Against Drunk Driving would like strongly opposes any effort to eliminate mandatory minimums in any cases relating to driving under the influence of alcohol and drugs. Drunk and drug-impaired driving is a violent crime that is 100 percent preventable. Any legislation that eliminates minimum accountability standards for drunk or drugged drivers belittles the seriousness of this violent crime. In advancing criminal justice reform, please keep in my mind the Rights of Victims of drunk and drug-impaired driving.

While there has been a lot of great strides in criminal justice in Virginia for the past year, we cannot lose momentum in the fight against mass incarceration. To continue having a more fair and equitable criminal justice system, Mandatory Minimums in Virginia must end. In addition, the updated policy must allow those already sentenced and serving time behind bars receive reconsideration for excessive sentences. Having mandatory minimums in the Virginia laws do not allow judges or juries to do their jobs by hearing cases and facts, as they do not have the power to go against Virginia laws of time that MUST be served if convicted of specific crimes. PLEASE consider updating the bill to include ALL or more offenses to repeal mandatory minimums. There are many more MMs that deserve to be repealed other than drug offenses. The Virginia Crime Commission concluded in their study that Use of a Firearm was the second most incarcerated mandatory minimum, and 83% of current state-responsible inmates are serving time for only 10 mandatory minimums. I urge you all to strongly consider the disproportionate amount of sentences for these crimes. Like drug charges, firearm charges do not justify whether or not someone was hurt, nor that a person is violent. We must repeal this mandatory minimum to allow cases to be heard, and sentences to be given appropriately. Thank you

I support to abolish mandatory minimum sentences.

Each person situation is different and should be sentenced accordingly. Maybe broaden and / or resentance. Mandatory minimums are not carried out for informants based on drug charges therefore it should not be in place for individuals who are not. Possibly left in place for serial killers murders pedophiles and should be based also on life expectancy or Children and families the crime/crimes effected.

We can't trust judges to act in our best interests. I do not support this bill.

Hello, Delegates; We are writing to ask you to please vote YES for HB2331 Repeal Mandatory Minimums. Repealing the mandatory minimums does not mean we are reducing the potential for severe punishment; it simply means we are returning the sentencing decision to the judge where it rightfully belongs. The judge knows the circumstances of each case and can make the sentence more punitive or more lenient based on circumstances only the judge will be aware of. Please expand the bill to include more of the mandatory sentences and find a way to re-sentence those already serving excessively long mandatory minimum sentences. The economic savings to the State of Virginia from incarcerating a prisoner who is not a threat to public safety for a shorter period of time would be substantial. Please, vote YES for HB2331 Repeal Mandatory Minimums. Thank you.

I am writing you to say that ALL mandatory minimum need to be lifted for ALL of those who have been or will be sentanced to a mandatory minimum. Each case is different, and should be treated differently, a mandatory minimum does NOT prove anything but heartbreak for us on the outside and gives no hope for those on the inside . It proves nothing to MAKE someone sit behind bars for a mandatory time instead of fixing them and their problems. My fiance is awaiting sentencing and is facing a mandatory minimum of at least 5 years (He is in unfortunately for 18.2-374.1:1.) He is WILLING for treatment, wants to get help NOW and serving a mandatory 5 years is not going to get him the help he WANTS and NEEDS. Not all cases are the same and should not be treated the same. Please consider revising this and lift mandatory minimum for ALL .

I will love to testify in favor of this bill HB2331 I believe that Virginia needs to do away with the mandatory minimums this bill is very personal to me because my husband and son is under the mandatory minimums for gun and drug charges. The length of time that they were given affected our family in a very emotional way. The time that some of our love ones are given because of mandatory minimums are unfair and lengthy sentences because of the time that they have ahead of them they take plea deals and that is like getting a deal from the devil so please consider voting in favor of this bill to give so many chances in which Everyone deserves a second chance.

Chairman and Members of this Committee, I agree with eliminating mandatory minimums. These laws have put persons in jail who do not belong there.