Petition for modification of sentence; eligibility, procedures. (SB378)

Introduced By

Sen. Chap Petersen (D-Fairfax) with support from co-patron Sen. Joe Morrissey (D-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person serving a sentence for any conviction or a combination of any convictions who remains incarcerated in a state or local correctional facility and meets certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed. Read the Bill »

Status

01/11/2022: Awaiting a Vote in the Judiciary Committee

History

DateAction
01/11/2022Prefiled and ordered printed; offered 01/12/22 22104101D
01/11/2022Referred to Committee on the Judiciary

Comments

Fred Woehrle writes:

I meant to write "SB 378," not "HB 906," in my earlier comment about this bill. HB 906 and SB 378 appear to be the same bill, introduced in different chambers.

Fred Woehrle writes:

This is a radical bill. The Washington Post editorialized against the DC bill on which this bill was modeled in 2019, calling it "radical."

It called it a "bill to reduce sentences for violent" felons that "goes too far."

The Washington Post said "the measure would embrace a radical rejection of transparency in sentencing and straight dealings with victims."

The Post's editorial can be found at this link:
https://www.washingtonpost.com/opinions/a-bill-to-reduce-sentences-for-violent-dc-felons-goes-too-far/2019/12/25/fdbd52ba-e6e2-11e9-a331-2df12d56a80b_story.html

Fred Woehrle writes:

This bill would increase Virginia's violent crime rate, according to a blog post at the Bacon's Rebellion blog. Bacon's Rebellion is a blog that focuses on Virginia public policy.

The blog post arguing that this bill would increase the murder rate and the violent crime rate can be found at this link: https://www.baconsrebellion.com/wp/second-look-bill-would-cut-sentences-for-violent-criminals/

It argues that this bill would undermine deterrence, making it harder to keep people who are currently not incarcerated from committing serious violent crimes like murder, because they would realize that they could get out in as little as ten years for a murder, rather than serving 40 or more years for a murder.

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