By Charlotte Rene Woods | Virginia Mercury
Unlikely allies worked to pass probation reform bills last year that created a workgroup to refine the proposal this year.
The group, as well as a coalition of criminal justice reform organizations, probation officers, prosecutors, defense attorneys and victims’ advocates, helped develop the new proposal, which would allow formerly incarcerated people to be released from probation after a year if they demonstrate their rehabilitation by meeting certain benchmarks laid out by their probation officer.
A version by Sen. Christine New Craig, R-Chesapeake, already passed the Senate and on Tuesday, House Bill 149 by Del. Wren Williams, R-Patrick, cleared the House of Delegates.
The benchmarks could include maintaining stable housing and employment, obtaining health insurance, earning vocational certifications or participating in mental health or substance use treatment programs as needed.
Last year’s bill was more prescriptive in the criteria while this year’s bill will allow a case-by- case process for people and their probation officers, who can then send a letter to courts to end the probation status.
The proposal is backed by Reform Alliance, a national criminal justice organization that was founded by rappers Jay Z, Meek Mill and others.
“This is a common sense improvement to the Commonwealth’s probation system that applies best practices that reduce crime, lighten heavy probation caseloads, and increase reentry success,” Reform Alliance said in a statement on Tuesday.
Virginia-based criminal justice organizations including Nolef Turns and The Humanization Project have supported the bill. The Virginia Interfaith Center For Public Policy has backed the measure, as well as conservative-leaning Americans For Prosperity.
When carrying the bill last year Williams emphasized that the bipartisan drive for reform is “recognition that the punitive approach has not worked.”
He added that he believes earned probation reductions can help formerly incarcerated people “rebuild their lives out of the American Dream” and contribute to safer communities.
Kenneth Hunter, an organizer with Virginia Interfaith, also noted how probation status can sometimes hinder people that are trying to get their life back on track.
The travel restrictions that probation terms typically come with can hamper employment, Hunter said. He said he hears that commercial truck drivers run into this problem, particularly around the North Carolina state border depending on their routes. The limitations can prevent truckers from obtaining certain jobs or stunt their growth within their jobs.
Some people have also told The Mercury they believe their probation status has been a factor in the rejection of their voter rights restoration requests.
Unlike other states, in Virginia, governors decide if formerly incarcerated people’s voting rights will be restored. Former Gov. Glenn Youngkin had lower restorations than previous governors and his administration offered little clarity on factors that contributed to the success or rejection of requests.
A pending constitutional amendment could make restorations automatic so long as someone has finished their prison sentences, if a majority of Virginians approve a ballot referendum later this year.
No bills have made their way to Gov. Abigail Spanberger’s desk yet, so the jury is still out on whether the parole reform bill stands a chance to become law this year. She could approve the bill as-is, seek adjustments to it, or veto it outright.
