Criticism voiced by Virginia's Attorney General over early release program, with increase in re-offending emphasized as significant worry.
Virginia's Enhanced Earned Sentence Credits (EESC) law, enacted in 2020, aimed to incentivise rehabilitation by allowing inmates to reduce their prison sentences. However, the programme has faced significant criticism, particularly from Virginia Attorney General Jason Miyares and families of crime victims.
Miyares has accused the General Assembly of making a mistake by imposing the policy on Virginians, calling for an admission of error and action to rectify the situation. His concerns centre around high recidivism and rearrest rates, release of high-risk violent offenders, and a lack of enhanced rehabilitation accountability.
Data presented by Miyares reveals that nearly 50% of offenders released early under EESC were rearrested within a year, with a 35.5% re-arrest rate overall. Critics argue that ending the requirement to serve 85% of sentences has led to premature release of dangerous offenders, undermining public safety and justice for victims.
Moreover, the programme lacks mechanisms to differentiate or exclude violent offenders assessed as high risk for reoffending. Victims and advocates report that many released early were violent criminals who had not completed sufficient rehabilitative programmes, leading to further victimization.
Unlike federal programmes like the First Step Act, Virginia’s EESC does not tie sentence reductions to completion of recidivism reduction or rehabilitative programming, limiting its effectiveness in reducing future crimes.
The controversy surrounding the EESC law has become politicised, with Governor Youngkin's administration attempting to amend the law to restrict early release for violent offenders. However, certain legislative reversals have reopened the possibility for early release of serious offenders, including murderers and rapists, fuelling further debate.
At a press conference this week, Miyares hosted victims and their families who shared their stories about loved ones who were released early and later rearrested. A woman shared that the early release of an inmate led to the death of her newlywed daughter.
Democratic State Senator Scott Surovell has argued that the EESC was successfully pioneered in Texas and suggested evaluating the Youngkin Administration's practices. However, the spokesperson for the Governor's office accused Senator Surovell of having made his lack of sympathy for the families of the victims of these unnecessary crimes very clear.
As of now, more than 9,600 inmates have been released early in the first full year the programme was enacted in 2023, with over 7,100 let out early in six months of fiscal year 2024. So far, 36 percent of those rearrested have been convicted.
Miyares presented new data showing that the early release program releases serious, violent, repeat offenders. He argues that a specific early release programme needs to be fixed by state lawmakers to protect Virginians and reduce recidivism.
- The Virginia Attorney General, Jason Miyares, has called for a rectification of the Enhanced Earned Sentence Credits (EESC) law, citing high recidivism rates and the release of high-risk violent offenders as major concerns.
- In a political landscape, the debate surrounding the EESC law has intensified, with Governor Youngkin's administration attempting to limit early release for violent offenders, while some legislators suggest evaluating its effectiveness. however, critics argue that the program has led to premature release of dangerous offenders and undermined public safety and justice for victims.
