Second bill to help offenders fails to reach governor’s desk

ROANOKE, Va. – A bill to help people in prison get a second chance has stalled in the General Assembly.

Political leaders said Senate Bill 842, if passed, would have allowed those who spent 15 years incarcerated to have their sentence reduced.

While some lawmakers would have loved to see the bill on the governor’s desk, others are upset it didn’t make it.

Shawn Barksdale was in jail for armed robbery and served over 14 years in prison.

“Everybody deserves a second look,” Barksdale said.

He was released in 2016 and turned his life around.

“I learned how to run printing press while incarcerated, I flourished with my own business called press for time T’s,” Barksdale said.

Barksdale supports Senate Bill 842 which would give those who served time a possible second chance in society.

“Everybody deserves a second look, that they will look at individuals like myself and comrades who came home and are flourishing in the community,” Barksdale said.

Senator Chap Petersen wrote the bill and said the goal to is give non-violent offenders a second look at life.

“Just focused on again, on those long-term offenders that are still in the system that may have another 15, 20, 25 years to go since we don’t have a parole in Virginia, it’s at least worth looking at modifying the sentence,” Petersen said.

Petersen said offenders would have to meet 12 criteria and file a petition for a court to look at their sentence.

Among them, the age of the offender at the time the petition was filed, and if there is research that shows there’s a decline in the offender’s criminal behavior.

Also, evidence showing the offender’s sentence was enhanced because the petitioner exercised the right to a trial or evidence the offender was sentenced above the recommendation.

The court would also consider the characteristics of the offender at the hearing, including showing rehabilitation, the disciplinary record while incarcerated, and efforts to participate in educational or therapeutic programs.

Meanwhile, the ACLU believes there could be an agreement going forward.

10 News reached out and they sent us a statement in part saying “It’s rare that people who have committed crimes and people who have been hurt by them agree on criminal legal reform – but that consensus exists on Second Look. Shame on lawmakers for failing to advance such bipartisan legislation.”

Attorney General Jason Miyares also released a statement saying, “This legislation is another example of the criminal first, victim last mindset that Virginians have rejected loud and clear.”


About the Author

Duke Carter returned to 10 News in January 2022.

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