19-02-2025
Virginia House and Senate pass competing versions of same probation reduction bill
RICHMOND — A bill that would reduce mandatory probation periods is on its way to a conference committee, where the Virginia Senate and House will try to hash out the differences before sending it to the governor's desk to sign. The legislation was proposed by Republicans in the House and Senate but is supported by Democrats and has a broad coalition of support, from criminal justice reform advocates to law enforcement groups.
The bill would allow people to reduce their probation sentences by 30 or 60 days, based on meeting certain conditions. At a minimum, once every six months, they would have to provide proof they have fulfilled one or more of these criteria:
They were enrolled in certain educational programs.
They worked a certain number of hours.
They were in treatment for substance abuse or mental health.
They obtained housing and established residency.
They secured health insurance or a qualifying health care plan.
'This is a well-crafted, bipartisan bill that prioritizes public safety by rewarding individuals for becoming productive members of society,' said Sen. Christie Craig, R-Chespeake and patron of the Senate version of the bill. 'By creating incentives for rehabilitation and reducing recidivism, this legislation strengthens our communities and enhances long-term safety.'
The vast majority of people in the carceral system are on probation, and supervision is the most popular sentence in the country.
'Most people who enter a courtroom and are found guilty walk out with some sort of supervision, whether it's their whole sentence or post-incarceration,' said Erin Hainey, chief policy officer at REFORM alliance, a nonprofit that advocates for sentencing reform.
Nationally, in 2023, 2.9 million people were on probation, compared to 1.9 million incarcerated. In January, there were about 53,000 people on probation in Virginia, compared to about 23,000 people incarcerated in state Department of Corrections facilities.
Virginia has one the lowest recidivism rates in the country, and advocates say the goal for this legislation is to keep it that way by making sure the reentry process for formerly incarcerated people is as smooth as possible.
'Let's not just punish people when they don't meet (probation) conditions,' Hainey said. 'Let's actually reward them when they are doing well by facilitating sort of an earned relief, earlier than the original date.'
Making sure people get things like housing, health care and work experience upon reentry is good for people convicted of crimes and good for community stability, Hainey said, but it can also ease the burden on law enforcement.
'They are monitoring people who may not pose any public safety risk but who are on supervision because it is the most popular sentence for anybody in the criminal justice system,' Hainey said. '(The legislation) really frees up police and probation officers to focus on folks who are struggling, who do need assistance, who do need additional monitoring, who are potentially a threat in the community.'
The Department of Planning and Budget reported in the bill's fiscal impact statement that the time spent completing reports related to reduced sentences would require more than 200 additional probation officers, but noted that further analysis was needed to determine if the increase in workload would be offset by shorter probation periods.
The commonwealth has some safeguards to make sure people aren't reincarcerated based on technical violations of probation guidelines, like failing to report a traffic ticket to a probation officer within three days. State law says that people will not be incarcerated based on one technical violation and discourages courts from incarcerating people for their second offense. But other rules, like in-person meetings with a probation officer can be overly restrictive, said Hainey.
'It sounds like a very simple thing,' she said. 'But oftentimes we are also asking people to work and to provide for their families and be responsible in that way. So if somebody's at their job and they get a call from their PO to come in midday, meet them at the PO's office, that can be incredibly difficult for people.'
The Senate version of the bill passed unanimously, while the House version passed 56 to 40. The Senate version requires relevant stakeholders to meet to discuss the impact and contains a provision, called a reenactment clause, that would require the General Assembly to pass the legislation again next year for it to take effect. The House version contains neither additional requirement.
Last year, Gov. Glenn Youngkin vetoed similar legislation.
'Many of the offenders covered by the proposal committed serious crimes and demonstrated their capacity to act as dangerous individuals,' he wrote by way of explanation. 'Requiring a reduction in the probation period without a hearing poses a risk of offenders losing valuable oversight and guidance from the probation system.'
The governor did not respond by time of publication on whether he would support the legislation this time around.
Kate Seltzer, 757-713-7881
