More info about the bill

On January 9, a bill was introduced to let Virginia prison inmates be released after 15 years with the approval of a judge. Even serial killers serving life sentences without parole would be eligible for release. In 2022, a similar bill easily passed the Democratic-controlled state senate, only to die in the GOP-controlled House of Delegates. But this year, Democrats control both houses of Virginia’s legislature, so it may pass.

The bill, HB 834, would not require all inmates to be released after 15 years, but it would encourage their release by letting judges release inmates based on factors slanted in favor of release, and by giving most inmates the right to a taxpayer-funded lawyer to argue for their release. The bill instructs judges to consider factors that typically favor release, such as “support from” stakeholders for the inmate’s release, “and the petitioner’s efforts to participate in any educational or therapeutic programs.” It does not list factors such as deterrence and retribution, even though the Supreme Court has ruled that those are both valid reasons to keep an inmate in prison, in decisions such as Tison v. Arizona (1987).

Such early releases would increase crime and make it harder to deter premeditated murders. A 2014 study in the American Economic Journal found that early releases of prison inmates increased Italy’s crime rate. A 1998 study found that longer prison sentences deter violent crimes more effectively than short ones, based on California’s experience after it increased sentences for repeat offenders who commit murder, robbery, or rape.