SB 825: New sentencing hearing; abolition of parole. Provides
that a person who was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth,
260 Va. 104 (June 9, 2000), in which the Court held that a jury should
be instructed on the fact that parole has been abolished, for a
noncapital felony committed prior to the time that the abolition of
parole went into effect (January 1, 1995) is entitled to a new sentencing proceeding if such person is still incarcerated. The bill provides that
such person shall file a petition for a new sentencing proceeding with
the Court of Appeals, which shall direct the circuit court in which the
order of conviction was originally entered to empanel a new jury for
the purpose of conducting the new sentencing proceeding and notify
the appropriate attorney for the Commonwealth. The bill also provides
that if the attorney for the Commonwealth and the person filing the petition agree, such person may waive his right to a new sentencing proceeding and allow the court to fix punishment.
Copy of Bill: http://lis.virginia.gov/cgi-bin/legp604.exe?ses=171&typ=bil&val=Sb825&submit=GO
2. Dear Virginia State Legislator(s): We urge you to amend the Virginia Code Statute governing sentencing guidelines when reintroduced
during the 2017 General Assembly Session.
In more than **3000 cases between 2007 and 2013, judges provided
no written reason for exceeding sentencing guidelines -- even though
they are required to do so by law. What’s worse, Virginia law does not allow this to form the basis of post-conviction relief or be reviewable
on appeal. **Not including cases between 1995-2006 and 2014 to
current. Estimated 10,000 additional cases. of sentencing guideline disparities requiring remedy.
As of Dec. 20, the 2017 Bill # has not been assigned. Formerly HB1298 (2016). Stay updated sign up today at RIHD InMateResource@yahoogroups.com
and Take Action Below to Create Change!
Dear RIHD members, prisoner families, friends & allies,
Can we count on your help supporting sentencing reform in to end the trend of mass incarceration in Virginia?
At stake: Remedy/Correction to Virginia prisoners identified receiving sentence error/injustice (i.e. sentencing guideline disparities and Appellate court ruling of Fishback jury trials), incarcerated on/after 1995 (parole abolished) under "truth-in-sentencing."
To learn more and take action that creates change, RIHD is requesting every person in your household, friends and community with a Virginia
address click on or visit the below and sign both petitions.
1. Your support to your district state legislators: 'https://actionnetwork.org/letters/stop-the-unfair-sentencing-trap-in-va
2. Your support to Virginia Governor only: https://actionnetwork.org/petitions/fix-sentencing-disparities-in-va
Please share, especially with the incarcerated. Thank you.
In Solidarity for Equal Rights & Justice for All!