by Hans Bader
The Virginia Senate has voted 24 to 15 to approve SB 842, the so-called “second look” bill. If it becomes law, inmates who have been in prison for 15 years or more could ask to be released, or ask for a reduction in their sentences. Originally, the bill applied to inmates of all types, but it was amended in the Senate Finance Committee to exclude first-degree murderers. Inmates released under second look legislation tend to be murderers (such as second-degree and first-degree murderers), although Oregon’s second look law excludes a few “aggravated” murders.
In 2022, the Democratic-controlled Virginia Senate passed an earlier version of the second look bill by a 25 to 15 vote, but it then died in a subcommittee of the Republican-controlled House of Delegates. That earlier bill was broader than this year’s bill in one way (it did not exclude even first-degree murderers such as serial killers) but narrower in another respect (it required inmates to meet specified “behavioral standards” in prison be released, which is not true of SB 842).
This bill faces an uncertain future in the House of Delegates. On the one hand, the bill is supported by many well-funded progressive interest groups with multi-million-dollar budgets, such as the ACLU, and supporters of the bill have massively out-lobbied opponents of the bill. On the other hand, it is opposed by the Virginia Association of Commonwealth’s Attorneys, which most House Republicans pay attention to. And most Republicans already oppose the bill. Continue reading
