Criminal Justice Reform Weekly Roundup - August 21, 2020
State Updates
The Virginia General Assembly Special Session convened beginning Tuesday, August 18, 2020. The House of Delegates got off too a rough start, meeting briefly to discuss procedure before agreeing to reconvene the week of August 24th. The Senate met Tuesday through Thursday to consider a wide range of criminal justice reform legislation, and will be back for more on Monday, August 24th.
Senator Jennifer Boysko's SB 5034, which would increase the opportunity of incarcerated people to earn good time credits, was voted out of the Senate Rehabilitation Committee on an 8-7 vote, and referred to the Senate Finance Committee. Despite Sen. Boysko’s best efforts, exceptions were added that will significantly curtail the number inmates who can avail themselves of the expanded good time rules. Even so, SB 5034 promises to save the Commonwealth millions of dollars, while helping to address disproportionate imprisonment of African-Americans in Virginia’s prisons.
Sen. Joe Morrissey’s SB 5007, which modernizes Virginia’s arcane, arbitrary jury sentencing laws by giving defendants the option to be sentenced by a judge, was also reported out of committee and referred to the Finance Committee on a vote of 10-3.
SB 5032, sponsored by Sen. Scott Surovell, would eliminate the mandatory minimum penalty for “assault” on a law enforcement officer, and passed the committee vote by a count of 9-6. The most recent version of the bill includes a provision allowing a judge or jury that convicts a defendant to punish the crime as a Class 1 misdemeanor rather than a Class 6 felony.
Sen. Scott Surovell's SB 5045, mandating fiscal impact statements for bills that would save money by reducing incarceration, reported from the Rules Committee on a 12-3 vote, despite Sen. Tommy Norment’s concerns that proof of cost savings could “be used to justify elimination of some punishments.” Sigh.
Debate over SB 5029 (Louse Lucas, Chief Patron), a bill that seeks to limit the practice of pretextual policing by eliminating some of Virginia’s most absurd pretexts, made it to the full chamber by a 9-6 committee vote. Also moving on to the floor were Sen. Hashmi's bill authorizing localities to create civilian oversight bodies (SB 5035), Sen. Deeds' expungement bill (SB 5043), and Sen. McClellan's and Sen. McPike's Marcus Alert bills (SB 5084).
Unfortunately, Sen. Edwards’ bill (SB 5046) to repeal all mandatory minimums was “passed by” late Thursday. That means it is dead for the current session. Despite nothing to study — research could not be clearer that mandatory minimums simply do not work — this mandatory minimums bill is being sent to the crime commission for, what else: a study.
Check JFV’s website all week to stay up to date on all that’s happening in the 2020 Special Session.
Other Updates
In Portsmouth VA, the police chief is under fire after Portsmouth Police secured felony warrants Monday for more than a dozen high-profile community members, including African American community leaders, public defenders a school board member, and Sen. Louise Lucas. All face charges of conspiracy to commit a felony and injury to a monument in excess of $1,000, arising out of protests following the death of George Floyd, which in Portsmouth were directed in part at confederate monument in the heart of the city. The chief even admitted that independent law enforcement agencies refused to investigate or prosecute. Once it was clear that no one supported them, they went through with their plan anyway. I suppose following the rules only matters when you like the rules? Now would be a great time for Governor Northam to step in and pardon all who were charged. (WAVY)
August 22, 2020 marked the first National Day of Freedom and Justice in the U.S. The day was established to bring awareness to prison reform. In Virginia, people gathered outside of correctional facilities across the state and rang bells in solidarity with people across the nation. COVID-19 has elevated the urgency of concerns for incarcerated individuals as the pandemic continues to reek havoc within the prison system across the country. (Richmond ABC 8)
In Henrico, VA, the Henrico Board of Supervisors will meet in a special session Monday to discuss a proposal to enact a civilian review board. 58% of 735 respondents to a county survey in Henrico said they support the idea of a civilian review board. Earlier this summer, the Richmond Times-Dispatch was denied records of public complaints against officers in Henrico and how internal affairs investigations into them were resolved. Transparency and availability of data on part of police have been at the center of civilian oversight discussions among experts state-wide. (Richmond Times Dispatch)