{"id":2044,"date":"2024-09-30T19:58:26","date_gmt":"2024-09-30T23:58:26","guid":{"rendered":"https:\/\/pilr.richmond.edu\/?p=2044"},"modified":"2024-09-30T19:58:26","modified_gmt":"2024-09-30T23:58:26","slug":"how-parole-has-become-seemingly-unattainable-in-virginia","status":"publish","type":"post","link":"https:\/\/blog.richmond.edu\/pilr\/2024\/09\/30\/how-parole-has-become-seemingly-unattainable-in-virginia\/","title":{"rendered":"How Parole Has Become Seemingly Unattainable in Virginia"},"content":{"rendered":"

\"\"<\/p>\n

Written by Emma Sauer, L’26<\/strong><\/p>\n

In 1995, during the height of the nation’s “tough on crime” movement, Virginia effectively abolished parole by adopting a \u201ctruth-in-sentencing\u201d law.[1]<\/sup><\/a>\u00a0 Under its new sentencing legislation, people were mandated to serve, at a minimum, eighty-five percent of their sentences.[2]<\/sup><\/a>\u00a0 It was intended for individuals sentenced prior to 1995 to be unaffected; however, the Virginia Parole Board’s parole rate quickly diminished to one of the lowest nationwide.[3]<\/sup><\/a>\u00a0 By 1998, early release rates for eligible candidates in Virginia plummeted from forty-six percent to a mere five percent.[4]<\/sup><\/a>\u00a0 This shift has left many of the pre-1995, parole-eligible prisoners to serve over twenty-five years in prison, contrary to what the citizens and judges who sentenced them intended or expected.[5]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 In recent years, Virginia has attempted to adopt criminal justice reforms to expand eligibility for its aging adult population. [6]<\/sup><\/a>\u00a0 One of these reforms included the abolishment of life sentences without parole for juveniles.[7]<\/sup><\/a>\u00a0 As a result, individuals who were convicted for a crime they committed while a minor were eligible to apply for parole after serving twenty years.[8]<\/sup><\/a>\u00a0 The legislature also allowed for anyone convicted by jury between 1995 and 2000 to be eligible for parole due to the constitutional violations with the jury trial process during the time period.[9]<\/sup><\/a>\u00a0 In theory, these reforms have increased the possibility of early release for more individuals, yet the odds are still greatly stacked against incarcerated Virginians who are eligible to apply.[10]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 Almost all potential progress made to restore the parole system in Virginia was halted when Governor Glenn Youngkin took office.\u00a0 Prior to Youngkin’s election, the Northam administration aimed to dismantle the 1995 ban as they believed it “led to crowded prisons, escalating medical costs for aging inmates and inequities in sentencing that disproportionately affect people of color.”[11]<\/sup><\/a>\u00a0 This sentiment was used against the Democratic Party in the 2021 by Republican candidate Youngkin as a way to paint the party as soft on crime.[12]<\/sup><\/a>\u00a0 Despite only granting six percent of the early release petitions at the time, Youngkin stated on social media platforms that the parole board’s singular mission was to “cut them loose.”[13]<\/sup><\/a> Youngton also claimed that Virginia would not be safe under the Democratic candidate.[14]<\/sup><\/a>\u00a0 Youngkin took office the following year and quickly replaced the parole board with his own appointees.[15]<\/sup><\/a>\u00a0 Some of Youngkin’s appointees have openly opposed releasing individuals on parole.[16]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 In the few weeks following Youngkin’s initial board appointments, all of the 177 parole requests being considered were denied.[17]<\/sup><\/a>\u00a0 In turn, a political standoff with the Democrat-controlled state senate ensued, and all but one of Youngkin’s appointment nominees were blocked.[18]<\/sup><\/a>\u00a0 Chadwick Dotson, the only approved nominee, was selected to chair the parole board.[19]<\/sup><\/a>\u00a0 Since then, the board has consistently operated without having all five board member positions filled.[20]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 Despite being a Youngkin nominee, Dotson issued a report to the governor that called for \u201cdrastic changes\u201d to the board.[21]<\/sup><\/a>\u00a0 Some of his recommendations included more transparency by allowing the public access to hearing proceedings, as well as expanding the number of board members.[22]<\/sup><\/a>\u00a0 A few advocates for people seeking parole have criticized the adoption of some of these transparency practices, as they believe that if individual parole votes are made public, board members will be less likely to grant parole out of\u00a0 fear of backlash.[23]<\/sup><\/a>\u00a0 However, others see board transparency as a way to insulate the parole board from the influence of any individual politician and the only way to ensure an equitable system.[24]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 Additionally, many advocates for parole eligibility expansion stated that Dotson seemed to make improvements to the board\u2019s practices during his tenure.[25]<\/sup><\/a>\u00a0 While serving as chair, Dotson made visits to parole candidates and facilitated an environment where the board gathered on a weekly basis to debate cases where there was \u201creasonable chance\u201d of granting release.[26]<\/sup><\/a>\u00a0 Lisa Spees, who has advocated on behalf of more than thirty parole candidates in Virginia, stated: \u201cI think [Dotson] did give people a fair chance [by implementing] a lot of changes into the parole system that were much needed.\u201d[27]<\/sup><\/a>\u00a0 Spees was also able to meet with a parole board member which \u201cgave the individual a sense of being a part of that decision-making process.\u201d [28]<\/sup><\/a> Despite his instrumental involvement in changes to the parole process, the board under his year and a half long leadership only granted about two percent of parole applications.[29]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 It is feared that Dotson\u2019s departure last year brought all momentum to a halt when Youngkin appointed Patricia West as his replacement.[30]<\/sup><\/a>\u00a0 West previously championed the elimination of parole while serving on Republican Governor George Allen\u2019s commission. [31]<\/sup><\/a> During her time as Secretary of Public Safety, the Allen administration pushed for minors as young as 14 to be automatically tried in adult court when charged with some violent offenses.[32]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 Guided by the principle that “parole is not a right, it\u2019s a privilege extended only to those inmates who are eligible for consideration,” Youngton’s administration has implemented new policies that focus more on aspects outside<\/em> of an applicant\u2019s control like the crime itself or input from a prosecutor and victim\u2019s families.[33]<\/sup><\/a>\u00a0 For example, a new policy was put in place this year which dictates how families and advocates for the parole applicants will only be allowed to attend meetings with the board every two years, while victims of people applying for parole will still be entitled to annual appointments.[34]<\/sup><\/a><\/p>\n

\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0\u00a0 As chances for parole continue to decline nationwide, experts believe that Virginia stands out as it is denying almost all<\/em> parole applications under the Youngkin\u00a0 administration.[35]<\/sup><\/a>\u00a0 Advocates against the eradication of the parole system argue that withholding conditional releases from deserving candidates “ultimately advances blind punishment and undermines incentives toward rehabilitation and positive change.”[36]<\/sup><\/a><\/p>\n

\n

Isabela Dias, Chances for Parole Go from Bad to Worse Under Virginia\u2019s New GOP Leadership<\/em>, Bolts (May 10, 2022), https:\/\/boltsmag.org\/glenn-youngkin-virginia-parole-board\/<\/a>.<\/p>\n

[1]<\/sup><\/a> Isabela Dias, Under Glenn Youngkin, Parole in Virginia Has Nearly Vanished, <\/em>Mother Jones (May 20, 2024), https:\/\/www.motherjones.com\/criminal-justice\/2024\/05\/under-glenn-youngkin-parole-in-virginia-has-nearly-vanished-prisons-second-chance-bolts\/.<\/p>\n

[2]<\/sup><\/a> Id.<\/em><\/p>\n

[3]<\/sup><\/a> David Bruck, Bernadette Donovan, & Matthew Engle, Parole in Virginia, 2021: The Final Report of the Washington and Lee Law Parole Representation <\/em>Project, BolVirginia Capital Case Clearinghouse Washington & Lee University School of Law (2021), chrome-extension:\/\/efaidnbmnnnibpcajpcglclefindmkaj\/https:\/\/bloximages.newyork1.vip.townnews.com\/dailyprogress.com\/content\/tncms\/assets\/v3\/editorial\/f\/92\/f92aee94-6951-5491-ba0c-f35bea4801d4\/60cd02488d790.pdf.pdf.<\/p>\n

[4]<\/sup><\/a> Dias, supra<\/em> note 1.<\/p>\n

[5]<\/sup><\/a> Bruck, supra <\/em>note 3.<\/p>\n

[6]<\/sup><\/a> Dias, supra<\/em> note 1.<\/p>\n

[7]<\/sup><\/a> Isabela Dias, Chances for Parole Go from Bad to Worse Under Virginia\u2019s New GOP Leadership<\/em>, Bolts (May 10, 2022), https:\/\/boltsmag.org\/glenn-youngkin-virginia-parole-board\/.<\/p>\n

[8]<\/sup><\/a> Id.<\/em><\/p>\n

[9]<\/sup><\/a> Id.<\/em><\/p>\n

[10]<\/sup><\/a> Id. <\/em><\/p>\n

[11]<\/sup><\/a> Antonio Olivo, Virginia Abolished Parole 25 Years Ago. Now Efforts to Restore It Are Advancing, <\/em>Wash. Post (Feb. 1, 2020), https:\/\/www.washingtonpost.com\/local\/virginia-politics\/virginia-abolished-parole-25-years-ago-now-efforts-to-restore-it-are-advancing\/2020\/02\/01\/c36c85ae-4218-11ea-b5fc-eefa848cde99_story.html<\/p>\n

[12]<\/sup><\/a> Dias, supra<\/em> note 7.<\/p>\n

[13]<\/sup><\/a> Dias, supra<\/em> note 1.<\/p>\n

[14]<\/sup><\/a> Id.<\/em><\/p>\n

[15]<\/sup><\/a> Id.<\/em><\/p>\n

[16]<\/sup><\/a> Id. <\/em><\/p>\n

[17]<\/sup><\/a> Dias, supra<\/em> note 7.<\/p>\n

[18]<\/sup><\/a> Dias, supra<\/em> note 1.<\/p>\n

[19]<\/sup><\/a> Id. <\/em><\/p>\n

[20]<\/sup><\/a> Id. <\/em><\/p>\n

[21]<\/sup><\/a> Id. <\/em><\/p>\n

[22]<\/sup><\/a> Id. <\/em><\/p>\n

[23]<\/sup><\/a> Dias, supra<\/em> note 7.<\/p>\n

[24]<\/sup><\/a> Id; <\/em>Dias, supra<\/em> note 1.<\/p>\n

[25]<\/sup><\/a> Dias, supra<\/em> note 1.<\/p>\n

[26]<\/sup><\/a> Id.<\/em><\/p>\n

[27]<\/sup><\/a> Id.<\/em><\/p>\n

[28]<\/sup><\/a> Id.<\/em><\/p>\n

[29]<\/sup><\/a> Id.<\/em><\/p>\n

[30]<\/sup><\/a> Id.<\/em><\/p>\n

[31]<\/sup><\/a> Id<\/em><\/p>\n

[32]<\/sup><\/a> Id.<\/em><\/p>\n

[33]<\/sup><\/a> Id.<\/em><\/p>\n

[34]<\/sup><\/a> Id.<\/em><\/p>\n

[35]<\/sup><\/a> Id.<\/em><\/p>\n

[36]<\/sup><\/a> Id.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Written by Emma Sauer, L’26 In 1995, during the height of the nation’s “tough on crime” movement, Virginia effectively abolished parole by adopting a \u201ctruth-in-sentencing\u201d law.[1]\u00a0 Under its new sentencing legislation, people were mandated to serve, at a minimum, eighty-five percent of their sentences.[2]\u00a0 It was intended for individuals sentenced prior to 1995 to be unaffected; however, the Virginia Parole Board’s parole rate quickly diminished … Continue reading How Parole Has Become Seemingly Unattainable in Virginia<\/span><\/a><\/p>\n","protected":false},"author":6422,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2044","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/2044","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/users\/6422"}],"replies":[{"embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/comments?post=2044"}],"version-history":[{"count":1,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/2044\/revisions"}],"predecessor-version":[{"id":2046,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/posts\/2044\/revisions\/2046"}],"wp:attachment":[{"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/media?parent=2044"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/categories?post=2044"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blog.richmond.edu\/pilr\/wp-json\/wp\/v2\/tags?post=2044"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}