McClellan bill would allow new sentencing hearing for nonviolent convicted felons

Henrico Sen. Jennifer McClellan said her proposed criminal justice reform bill will allow new sentencing hearings for felons convicted of nonviolent crimes.

“It’s something that I’ve always supported as a member and an issue of fundamental fairness,” McClellan said.

The bill provides a new sentencing for any person still incarcerated after being found guilty of a nonviolent felony by a jury before 2000.

“Parole was abolished in 1995,” said McClellan, a Democrat who also represents Richmond. “And with the abolition of parole there was this idea that they call ‘truth in sentencing.’ ”

Before the abolition of parole, juries would give a person a longer sentence because they assumed the person would come up for parole, McClellan said. But, once parole was abolished by the state, “juries weren’t told that there was no option for parole,” McClellan said.

In a 2000 Supreme Court of Virginia decision, the court held that a jury should be instructed on the abolition of parole. For McClellan and other Democratic senators, the decision didn’t do enough to right the wrong that was done by not informing juries for five years.

“There are a number of people who were sentenced between 1995 and 2000 who are still serving longer sentences,” McClellan said.

The bill, originally proposed last year by Sen. Jennifer Wexton (D - Leesburg), allows an incarcerated person to file a petition for a new sentencing proceeding with the circuit court in which they were convicted. After the person files a petition, the circuit court would gather a new jury to conduct a new sentencing proceeding.

The bill only covers those convicted of nonviolent crimes — a result of political compromise for the sake of passage.

“We’d love to have it for everybody, but last year we could only get the Senate to pass a version that dealt with nonviolent felonies,” McClellan said. “So we thought ‘let’s get this done first and then we can deal with the rest later.’”

This bill continues the major push by Virginia Democrats for criminal justice reform, following Gov. Terry McAuliffe (D) proposed package of reforms in January 2017.

“Her legislation just makes sense,” Mary Anne Stone, vice chairman of Virginia CURE, a nonprofit organization focused on criminal justice issues that affect the lives of prisoners, crime victims and their families, said.

For McClellan and other Democrats, the Senate’s 51-49 split last November’s election might slightly favor Republicans, but it will bring a better chance for this bill, and many others, to see passage this session.

“I expect a lot of bills that were not able to pass, like Medicaid expansion and hopefully this one, and some other issues, will make progress,” McClellan said.

Stone agreed.

“We’re so excited that we have so many more Democrats in the Assembly,” Stone said. “Usually, what happens to any of the legislation we sponsor or want is that it’s killed in [sub]committee. We’re thinking if there are more Democrats, it’ll be more difficult for the Republicans to kill it.”