2026 Priorities

A smarter approach to criminal justice.

1) Repeal Mandatory Minimum Sentences 

  • Similar to a bill that passed the Senate in 2021

  • Repeals most mandatory minimum sentences, including UFA and possession of a firearm, APO, and child sex crimes with life man mins

 2 ) Defelonize Drug Possession

  • Reduces PCS of Schedule I/II from a Class 5 felony to a Class 1 misdemeanor

  • Decriminalizes possession of residue

  • Reduces PCS of Schedule IV/V from a Class 2 or 3 misdemeanor to a Class 4 misdemeanor

  • Eliminates the felony for PCS by a prisoner


3 ) End Mass Surveillance 

  • Bans Automatic License Plate Readers (ALPRs) 

  • The expansion of ALPRs to Virginia’s highways has been rejected by the General Assembly for three years in a row


4) Ban Fourth Amendment Plea Waivers

  • Bans 4A plea waivers on or after July 1, 2026 except in child sex cases

  • Bans expungement and sealing waivers on or after July 1, 2026

  • Passed the General Assembly in 2024, vetoed by Governor Youngkin

5) Protect People with Intellectual and Developmental Disabilities (ID/DD) and Mental Health Disorders

  • Allows judge or jury to find person guilty of misdemeanor A&B if the ID/DD, mental health disorder or neurocognitive disorder “contributed to” the A&B on LEO

6) A Deferred Dismissal Should Not Depend on Payment of Costs

  • Prohibits judges from finding a person guilty if the person completed all the necessary steps for a deferred dismissal but did not pay court costs

  • Does not eliminate the court costs owed

  • Passed in the General assembly in 2025, vetoed by Governor Youngkin

7) Strengthen the Fourth Amendment, Protecting People from Illegal Searches and Seizures


8) Eliminate the Prejudicial Use of Prior Convictions at Trial

  • Similar to North Carolina law, would allow defendants to stipulate pretrial to priors that are elements of the offense

  • If stipulated, CW would issue a special indictment for the jury with no mention of the priors

  • If priors are contested, there is no special indictment

 9) Preserve Access to Diversion

  • Allows GDC judges to refer felony cases to behavioral health dockets an affirmative defense when a person assaults a LEO “as a result of” their ID/DD, mental health disorder, or neurocognitive disorder

  • Passed Senate unanimously and passed House on bipartisan vote in the General assembly in 2025, vetoed by Governor Youngkin


10) Fix Criminal Discovery 

  • Requires prosecutors to provide criminal discovery materials to the defense by electronic means, whenever possible

  • Passed Senate unanimously and House overwhelmingly in the General Assembly in 2025, vetoed by Governor Youngkin

11) Pretrial Reform 

I) Counsel at First Appearance (CAFA) 

  • Expands CAFA to all Public Defender jurisdictions

  • Subsequent bail motions are still permitted when there’s a material change in circumstances

II) Expand Research Opportunities for Pretrial Data (VLDS)

III) Reform Failure to Appear (FTA)

  • Eliminates felony FTAs

  • Reduces misdemeanor punishment from 12 months to 30 days

  • Defines “willfully failure to appear” as “intentional conduct with a purpose to avoid the judicial process”

  • Requires courts to consider mitigating circumstances when deciding whether a person has willfully failed to appear

  • Applies to both § 19.2-128 and § 18.2-456(6) 

Additional Legislation:

  • Require Appellate Courts to Examine Whether the Evidence at Trial was Sufficient to Convict

  • Reverse Bad SCOVA Expungement Cases

  • Ensure Expungement Eligibility for Deferred Dismissals

  • Align Class 5 & 6 Robbery Offenses with the Rest of the Code

  • Allow Defendants to Withdraw Requests for Jury Sentencing and Ask Jurors About Potential Sentences

  • Ensure Confidentiality of Restorative Justice Practices

  • Probation Fix–Uphold Reforms for Technical Violations of Probation

  • Mental Health Evidence Fix

  • Crediting Time Served on Dismissed Cases

  • Alternative (non-police) Crisis Response

  • Pay Parity for Public Defenders

  • Require Tracking and Disclosure of Jailhouse Snitch Testimony

  • Juvenile Expungement

  • JIRC Reform


Other Legislation We Support:

  • Equitable Regulated Marijuana Market

  • Remedy for Extreme Sentencing - Second Look, parole reform, etc.

  • Voting Rights Restoration (Constitutional Amendment)

  • Allow People Previously Convicted of a Felony or on Bond to be Released on Unsecured Bonds

  • Marijuana resentencing

  • Youth Decrim

  • Ensure incarcerated People Have Access to Counsel

  • Establish Minimum Age of 11 for Charging Youth with Criminal Offenses in Juvenile & Domestic Relations Court

  • End the Use of Restorative Housing (solitary confinement) in Adult and Youth Facilities

  • Prohibit the Placement of Youth in Adult Jails and Prisons

  • Move Department of Juvenile Justice (DJJ) to the Health Secretary

  • Remove the Cap on Youth Access to Diversion

  • Reduce Burdensome Fines and Fees