Attorney General Miyares Calls for Reevaluation of Sentence Reductions for Violent Offenders Due to Public Safety Concerns

RICHMOND, Va. – Attorney General Jason Miyares has formally addressed the Virginia General Assembly, advocating for the retention of limitations on the enhanced earned sentence credit law. This law currently allows for the possibility of sentence reductions for violent offenders. Through a letter directed to both the Virginia House of Delegates and the Virginia Senate, Attorney General Miyares expressed significant public safety concerns and highlighted the potential financial impact of continuing to allow sentence reductions under this law.

In 2020, Virginia expanded its earned sentence credit program, enabling certain inmates to receive sentence reductions. However, data since the expansion has illuminated potential risks associated with the program, particularly concerning recidivism among violent offenders. The Attorney General pointed to alarming statistics that underscore the danger these individuals could pose upon early release:

• A notable increase in recidivism rates among inmates released under the enhanced earned sentence credits compared to those under the original program.
• In 2023 alone, 2,725 offenders released through the program were arrested for new crimes, including severe offenses such as capital murder, first and second-degree murder, abduction, and sexual assault.
• A significant portion of these offenders were previously identified as high risks for both general and violent recidivism.

Attorney General Miyares supports the Governor’s proposed budget amendment (item 390 R.2.), aiming to maintain restrictions on sentence reductions for individuals convicted of violent crimes. He emphasized the crucial balance between ensuring justice for past and future victims and maintaining public safety.

The proposed continuation of restrictions comes as a temporary measure in the current budget, preventing sentence reductions for offenders convicted of both violent and nonviolent offenses in the same act, nears its expiration on July 1, 2024. Without further legislative action, an estimated 8,300 offenders could become eligible for reduced sentences, with the overwhelming majority having been convicted of violent felonies.

Additionally, Attorney General Miyares drew attention to the financial implications of the enhanced earned sentence credit program. The necessary increase in probation supervision and technology-related expenses, already costing taxpayers $1.3 million, emphasizes the need for careful reconsideration of the program’s continuation.

In his letter, Attorney General Miyares urges the General Assembly to consider these factors during their ongoing discussions regarding the state’s budget and legislative adjustments. He advocates for a careful reevaluation of the earned sentence credit program, prioritizing the safety and well-being of Virginians and the prudent use of taxpayer funds.

Click here to read the letter.