Criminal Justice Reform Weekly Roundup - September 19, 2020
Special Session Updates
Earned Sentence Credits (SB5034) passed a full Senate vote Wednesday and is off to the House Courts of Justice September 22nd. Senator Boysko’s bill will help address the disproportionate incarceration of Black men and women in the Commonwealth. If passed, some incarcerated individuals meeting specific qualifications will be given the opportunity to shave time off their sentences through rehabilitative programs and good behavior.
The Marcus David Peters Act (HB5043) passed through the Senate Judiciary Committee Wednesday and referred to the Finance & Appropriations Committee. Chief Jeff Bourne’s bill creates a framework, Marcus Alerts, for the first responder network when dealing with Virginians in mental health crisis. Advocates for the bill prefer the House version over the Senate version (SB5038) as it implements the system more quickly.
Delegate Patrick Hope’s pretext stops and racial profiling bill (HB5058) saw its day in the Senate Judiciary Committee and passed. This racial justice bill was a Justice Forward VA priority and its impact will be immense. Traffic stops are the most common reason for people to have contact with the police. But not all stops are created equal. For Black people, a traffic stop can be a life-threatening experience. The Senate had passed a similar bill (SB5029) but agreed to substitute the House bill language and avoid needing to go to conference committee.
The VA Senate passed Senator Hashmi’s SB5030– enacting an authorizing statute permitting localities to start robust civilian oversight of law enforcement, with auditing authority and subpoena power. Next it will be considered by the House Committee for Courts of Justice. The House counterpart (HB5055) passed through the Senate Judiciary as well. Legal Aid Justice Center based in Charlottesville, VA has been instrumental in guiding the legislation, and has worked closely with one of the state’s only three existing CRB’s there. Opposition to the bills, including the VA Sheriff’s Association, believes the enabling legislation oversteps by giving community review boards the power to make disciplinary determinations. (WAVY)
Criminal Justice News from Virginia
Arlington, VA - Arlington for Justice will be hosting its Ride for Black Lives protest Saturday September 26th. The bike ride and rally aims to:
1. Call attention to racial injustice and the need for criminal justice reform in Arlington.
2. Celebrate Black resilience and history in Arlington.
3. Advocate for: the elimination of School Resource Officers, the community's involvement in selecting a new police chief who is committed to justice system transformation, and ending police intervention in mental health crises. The ride will begin at Dr. Charles R. Drew Elementary School at 3:00 PM and will culminate at Courthouse. (Bike Ride for Black Lives event details)
Southampton County, VA- Two more incarcerated individuals have passed away from COVID-19 at the Deerfield Correctional Center near Emporia. The most recent deaths brings the total COVID-19 fatalities at the 925 inmate facility to eight. The Department of corrections reports that 298 prisoners at Deerfield have active cases and 19 people housed there have been hospitalized. Eighteen staff members also have active cases. (Richmond Times-Dispatch)
Attorneys, legal aids, and law students interested in assisting incarcerated individuals at risk for COVID-19 with clemency petitions in Virginia can sign up to volunteer with the Virginia Redemption Project.
Criminal Justice News from Across America
The Southern Center for Human Rights issued a letter to the Department of Justice this week “regarding deplorable conditions of confinement, escalating violence, and a recent series of uprisings in the Georgia Department of Corrections.” The department has garnered national attention for conditions the incarcerated individuals are subject to in the state prior to the onset of COVID-19. The Southern Center states they “have deteriorated to the point of constitutional crisis.” Riots, homicides, lack of running water, and proper care for those at risk and suffering from coronavirus are just a few of the ongoing issues to plague the corrections facilities. (Southern Center for Human Rights)
Los Angeles, CA - Data analysis of Los Angeles sheriff’s deputies and police have found Black people are more than twice as likely to be stopped by police in L.A. County as white people, “and significantly more likely to be handcuffed, removed from their vehicle, have a gun pointed at them, or be searched.” Advocates for police reform and accountability say this is consistent with a long and troubled history toward the people law enforcement are sworn to protect there—especially Black and Latinx residents. Recent revelations about gang activity within the sheriff’s department have shed new light on LASD’s practices. Despite the uncovering and continued civilian complaints, the Los Angeles County Sheriff Civilian Oversight Commission struggles to have impact on the growing issue of unjustified police use of force. Priscilla Ocen, a professor at Loyola Law School and former civil rights attorney and one of nine community members on the Commission, told The Appeal “we simply don’t have the authority to do the kind of work that the public thinks we do.” (The Appeal)
Columbus, Ohio - Over 40 citizen complaints of police misconduct, stemming from protests following the murder of George Floyd in May, have yet to be responded to. A $500,000 contract the city has with BakerHostetler law firm requires the investigation to be complete within 90 days of the citizen complaints. Mayor Andrew Ginther initially called for the investigation after a Congresswoman, City Council Member, and the County Commissioner were pepper sprayed while peacefully protesting. (ABC 6 in Columbus)
Lancaster, PA - The recent shooting of Ricardo Munoz by police has been ruled a homicide by the city’s coroner. Police were called to a domestic dispute by a family member of the deceased. Police shot Munoz who walked outside, with knife in hand, upon arrival of the police. Protests erupted last week outside of the police department where tear gas was deployed at demonstrators and eight were arrested. The district attorney's investigation into Munoz’s death is ongoing. (CNN)
Rochester, NY- Newly released emails from police commanders addressed to city officials, urged officials to hold off on publicly releasing body camera footage of Daniel Prude’s death earlier in the year. The footage, released in early September, revealed an officer pushing Prude’s face into the ground while another officer pressed a knee int’ Prude’s back. Prude was experiencing a mental health crisis and family members had initially called police to assist them in locating Daniel. The commanding officers feared the public response were the video to be made public after nationwide protests over the police killing of George Floyd. (WAVY)
Louisville, KY - The city has settled a wrongful death lawsuit filed by the mother of Breonna Taylor. Taylor was murdered by police earlier in the year in an erred drug raid. The $12 million settlement accompanies promises from the city to enact procedural changes. “My administration is not waiting to move ahead with needed reforms to prevent a tragedy like this from ever happening again,” Mayor Greg Fischer said. “When you know what the right thing to do is you do it. Why wait?” (New York TImes)