Virginia CURE

2012 Legislative Priorities

I. Guiding Principles

In a challenging budget environment with competing priorities (e.g., education, transportation), and at an annual cost of over $24,000 per inmate, we need to be smart on crime. This means an emphasis on evidence-based practices, not simply warehousing offenders. As Governor McDonnell has recognized, “. . . our recidivism rate is still too high. Reduction in recidivism means fewer victims, and less prison costs.” Virginia exceeds the national average for reincarceration for new offenses (as opposed to technical violations).The key to reducing recidivism is improving chances for successful reentry. The U.S. Supreme Court has reaffirmed its prior determination that “because juveniles have lessened culpability they are less deserving of the most severe punishments.”

II.Principle Legislative Priorities

A. Promoting Successful Reentry

• Implement October 2011 recommendations to Reentry Council, in particular (1) opt-out from ban for former drug offenders on receipt of federal TANF benefits

HB 420 Eligibility for TANF; drug-related felonies. Vivian E. Watts Provides that a person who is otherwise eligible to receive Temporary Assistance for Needy Families assistance shall not be denied assistance solely because he has been convicted of a felony offense of possession of a controlled substance provided he complies with all obligations imposed by the court and the Department of Social Services, is actively engaged in or has completed substance abuse treatment, and participates in drug screenings.

• Restore authority of State Corporation Commission to promote competition and prevent unreasonable charges in inmate telephone service, and to establish rates, terms, and conditions without regard to the extent of revenues shared by the service provider with the Commonwealth. Va. Code 56-234. In today’s economy, these charges act as a substantial deterrent to continued communications and support provided to family members, particularly those incarcerated in remote facilities. (Nebraska, for example, has waived its right to receive commissions for inmate telephone calls.)

HB 162 Telephone services for incarcerated persons. Patrick A. HopeAuthorizes the State Corporation Commission to exercise jurisdiction over rates and charges of telecommunication services that enable correctional inmates to originate calls at pay telephones or other telephones that are designated for prisoners’ personal use.

2. Geriatric Release (Va Code 53.1-40.1)

HB 165 Conditional release of geriatric prisoners. Patrick A. HopeAllows any prisoner serving a sentence imposed for a felony offense, other than a Class 1 felony, who has reached the age of 60 or older to petition the Parole Board for conditional release without regard to the number of years of his sentence he has served. Current law allows a 60-year-old prisoner to petition the Board after serving at least 10 years and a 65-year-old prisoner to petition the Board after serving at least five years of his sentence.

C. Parole

• Promote transparency by eliminating FOIA exemption for Parole Board guidance documents. Va Code 2.2-3703.

HB 397 Virginia Parole Board; exceptions to the Freedom of Information Act. Patrick A. Hope Requires guidance documents of the Board to be available as public records under the Freedom of Information Act. The bill has a delayed effective date to give the Freedom of Information Advisory Council an opportunity to review the legislation and report on its implementation

D. Juvenile Justice

• Conform to Supreme Court standard for realistic opportunity for release for juveniles now serving life without parole

HB 435 Juveniles; certain persons imprisoned for felony offense eligible for parole.Robert Tata. Provides that any person sentenced to a term of imprisonment upon conviction of a felony offense who was a juvenile at the time of the commission of the offense is eligible for parole.

HB 436 Juveniles; certain persons imprisoned for life eligible for parole. Robert Tata |  Provides that any person sentenced to a term of life imprisonment upon conviction of a felony offense other than an offense set forth in Article 1 (§ 18.2-30 et seq.) of Chapter 4 of Title 18.2 (homicide offenses) who was a juvenile at the time of the commission of the offense is eligible for parole. This bill is in response to the U.S. Supreme Court decision in Graham v. Florida, 560 U.S. ___, 130 S. Ct. 2011, 2034 (2010), in which the Court held that, pursuant to the 8th Amendment prohibition on cruel and unusual punishment, “[t]he Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide