by Dick Hall-Sizemore

Before 2020, offenders convicted of felonies and incarcerated in Virginia prisons were eligible for up to 4.5 days credit toward their sentences for every 30 days served. They did not automatically receive these credits; violation of prison rules or violent behavior could result in a reduction of โearned sentence credits.โ
The 2020 General Assembly enacted legislation that expanded these sentence credits for some offenders. Depending on their behavior and participation in rehabilitation programs, these inmates could earn up to 15 days credit per 30 days served. The exceptions, the offenders who were not eligible for the expanded sentence credits, were those convicted of any of a long list of violent offenses, including murder, malicious assault, robbery, rape and other sexual offenses, and kidnapping. The โenhanced earned sentence creditsโ (EESC) were to be applied retroactively. The legislation had a delayed effective date, July 1, 2022, to provide the Department of Corrections (VADOC) time to reprogram its sentence calculation programs.
In his attempts to kill the legislation or modify it through budget amendments, Gov. Glenn Youngkin was able to delay the full implementation of the EESC provisions until July 1, 2024. Attorney General Jason Miyares also attacked the legislation and tried to restrict it through interpretation. Twice the Virginia Supreme Court rejected his interpretations.
Miyares has made his opposition to the EESC a major part of his campaign for re-election. In a guest commentary in Cardinal News in July, he asserted, โbecause of Virginiaโs early release program, 53 Virginians were murdered.โ During the debate between candidates for Attorney General, he upped his claim, declaring, โSeventy Virginians are dead today, dead today, because a felon that was supposed to be behind prison [sic] got out early.โ
Seventy people killed by offenders released earlier than originally intended.ย Thatโs a shocking number; one that could call for reform of EESC.
Except it isnโt true.
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