Concerns over Virginia’s Sentencing Law

Almost 50% of individuals who had their sentences reduced under Virginia’s Democratic-supported sentencing law were arrested again within a year after their release, as reported by top prosecutors in the state.

The office of Republican Virginia Attorney General Jason Miyares provided data on this issue in a press release on Wednesday, criticizing the Enhanced Earned Sentence Credit (EESC) Act. The release suggested that legislators should consider amendments to this program, which has been a point of contention for American Civil Liberties Union (ACLU) activists. The law aims to show leniency to well-behaved inmates facing long sentences, but it has raised concerns among victims of violent crime.

At a press conference with Miyares, Angela Tyler Tan, a Virginia mother, expressed her grief, stating, “If my son’s criminal was still incarcerated, he’d be alive today. Lives aren’t like video games that can be reset. The loss of a child is permanent.”

In a troubling case highlighted by Miyares’ office, a child rapist released under the EESC program assaulted another child soon after getting out.

The EESC program, which was enacted by former Democratic Governor Ralph Northam in 2020, allows inmates to earn credits against their sentences, giving them earlier releases. This applies to individuals convicted of serious crimes like murder, robbery, and sexual offenses. Before this law, inmates in Virginia had to serve at least 85% of their sentences.

According to Miyares’ office, nearly 50% of the inmates released under the EESC program in its first year faced new arrests. Preliminary data for 2024 indicates that about 35.5% of those released this way have already been returned to custody.

In contrast, prior to the EESC law, only 17.6% of inmates released back in 2020 were arrested again within three years, leading to discussions about the law’s effectiveness.

Republicans have long opposed the EESC initiative, with current Virginia Governor Glen Youngkin proposing a budget that limits sentencing credits for some offenders. The ACLU in Virginia has even filed lawsuits to uphold the law’s implementation.

Interestingly, Miyares pointed out that despite attempts to curtail the law’s impact, Republicans have not delivered the public safety improvements that were promised by Democrats. As he emphasized, it’s important for lawmakers to recognize and rectify any shortcomings in this flawed system.