Special Session 2020: Budget Deliberations Continue

Monday, September 14, 2020

Dear Friend,

I hope you and your loved ones are doing well and everyone is coping with a new “normal.”

I find solace by reminding myself that the American people are strong, resilient, and compassionate. Moreover, if history is any guide, we have made societal improvements after a collective experience has shown us our shortcomings. To that point, I believe Virginia and the country will make progress towards addressing the inequities laid bare by both COVID-19 and systemic racism, but it will take the commitment and hard work of each one of us.

The legislative successes of Virginia’s Senate during this special session are bringing life to this belief. Highlights of last week’s activities are noted below:

Comprehensive Police Reform Passes - As I have discussed in past updates, an omnibus bill that specifically identifies acceptable and unacceptable policing practices passed the Senate on a party-line vote. This bill bans choke holds and no knock warrants. It establishes standards for the training of law enforcement and creates a more robust decertification process for police who do not participate in good policing practices.

The bill requires de-escalation practices and prohibits the use of force unless someone’s life is in danger. These are common-sense measures that should have always been followed. But as we have seen over the past several months, some who have taken an oath to protect us have acted with excessive force and Black men have died for minor infractions, even when they were unarmed. As a society, we can do better and this bill strives for that higher bar. It establishes standards of conduct and standards of policing that reflect the values of human decency and respect.

Taking Sentencing Away from Juries - A bill to significantly reform Virginia’s jury trial system is a step closer to becoming law. The legislation, sponsored by Senator Morrissey, a former prosecutor, would give defendants the option of being sentenced by a judge rather than the jury that just convicted them. This bill passed with one crossover vote from the other side of the aisle. The intent of the bill is to allow judges the flexibility to individualize sentences based on the unique circumstances of each case. Many states already offer the judge sentencing option and when comparing similar crimes, those states that offer judge sentencing have, on average, shorter jail time sentences than states that do not have that option. 

Credit Sentencing Bill - This bill enhances a credit sentencing system for offenders who demonstrate exemplary behavior and has the effect of shortening a jail sentence for certain crimes. A credit sentencing program is already authorized in Virginia, this bill does not expand the crimes covered under current statute, it does provide a slightly more generous credit, however. I shepherded this bill through the Rehabilitation and Social Services Committee, a committee I chair, because I believe in restorative justice. Lawmakers who voted for this bill voiced a commitment to offering offenders an incentive to make better choices. Empowering behavioral change is a necessary component to keeping recidivism low and giving offenders the tools to re-integrate into society. Indigent defense groups, the NAACP and other left leaning organizations joined with Americans for Prosperity, a libertarian group started by the Koch brothers, to advocate for passage of this legislation.

COVID Enforcement Tool: At the Governor’s request, we passed a bill that will allow local law enforcement to “write a ticket” rather than require an individual who is violating the requirements of Governor Northam’s Executive Order to appear in court for a Class 1 misdemeanor offense under the criminal code. The criminal code penalty of up to a $2,500 fine was unworkable and localities wanted a more practical tool to enforce the social behavior that is so necessary to protecting ourselves, our families and our communities. The maximum ticket amount is $500.00.

Farmville Detention Center - My committee heard a bill that would give the state of Virginia statutory authority to require a private facility operated for the Federal Immigration, Customs, and Enforcement (ICE) agency to abide by local health and safety requirements. ICE Detention Standards do require facilities to comply with state and local public health standards. Moreover, facilities must have written plans to address the management of infectious and communicable disease outbreaks and those plans must include efforts to coordinate with local public health authorities, including a requirement that such outbreaks be reported to local authorities. Some lawmakers, myself included, are trying to memorialize this standard into the Virginia Code to facilitate coordination and to help ensure compliance to protect both detainees, as well as those who live in the nearby communities.

However, opponents of the legislation are primarily concerned that, rather than collaborate in the interest of public health, ICE will relocate its Farmville Detention Center to another state, which would cost Farmville jobs and a loss of revenue. I explained on the floor of the Senate that if health practices at the Center are substandard, employees will be carrying COVID-19 back to their families and communities. The impact of this occurrence is a matter of life or death, something that is at least as equally impactful as job losses. Unfortunately, there is evidence to suggest that the health practices at the Farmville Center are falling short. Moreover, the necessary tools for state and local monitoring are not adequate. ICE records indicate that 339 Farmville Center detainees have already contracted COVID-19, and one detainee died. I am hopeful we can come to some type of agreement on a reasonable role for Virginia to employ during a public health crisis. Stay tuned.

Budget Deliberations - Rest assured, I will always lead on issues that are important to Virginians and their livelihoods. And I am particularly committed to helping those communities that are medically underserved, food insecure, and struggling with under-performing schools. Systemic racism is now something that we all recognize and we must work together to eradicate. How we handle the allocation of resources during this pandemic must be informed by this awareness.

The Senate Finance and Appropriations Committee is working diligently to find money for the police and criminal justice reform initiatives that the General Assembly prioritized for this special session. But the uncertainty of how COVID-19 will affect Virginians going forward and the lack of a coordinated response at the Federal level is making planning for the future almost impossible.

The State Treasurer is advising us to protect all unspent one-time money from the CARES act and other accounts for unexpected expenses that may occur related to hospital capacity, unabated unemployment claims, and the safety net services that will continue to be needed because the economy will not fully recover for some time.

Thank you for your continued support. If you agree with the work I am doing and want to help me remain in office, please make whatever donation you can. Click here.

Remember to wear your masks, participate in social distancing, and wash your hands. We are all in this together and we will get through this together.

Sincerely,