Showing posts with label criminal justice. Show all posts
Showing posts with label criminal justice. Show all posts

Friday, December 20, 2024

Finding Light in Darkness

The winter solstice marks the darkest day of the year, when the sun seems furthest from our reach. Yet, it is also the turning point—when the days slowly begin to grow longer, and light begins its steady return. This natural cycle of darkness giving way to light feels particularly poignant right now for many Democrats as we process the disappointment of the recent presidential election.

There is no sugarcoating the loss: it is a setback, and it stings. But just as the winter solstice reminds us that light will return, history teaches us that progress, though often delayed, is never defeated.

Recent Virginia local election results tell a different story from the national picture. As recently as last year Democrats flipped the House of Delegates and maintained our Senate majority. Those victories mean we’ll continue to protect fundamental rights, like reproductive freedom, voting access, and support for public education—priorities that define who we are.

There’s another bright spot: Young people showed up in this election, and many of them took advantage of same-day registration and voting. That’s not just encouraging—it’s proof that when we remove barriers and meet voters where they are, they will participate.

We also don’t have to wait four years, or even two, to start changing the narrative. Virginia’s odd-year election cycle gives us an incredible opportunity to elect a Democratic governor and continue building on the progress we’ve fought so hard to achieve. This momentum is real, and it’s ours to carry forward.

Looking Ahead to 2025

One of the very first things that we’ll see on the House Floor will be three amendments to Virginia’s Constitution, to enshrine a right to reproductive freedom, the right to vote, and the right to marry, as I detailed in last month’s column.

This year I’ll once again serve as Chairman of the House Committee on Public Safety, working on issues ranging from gun violence prevention to prison oversight.

Earlier this week, the Committee met to address deeply troubling reports of self-harm incidents in Virginia’s correctional facilities. These reports raise urgent questions about the well-being of those entrusted to our care and the systemic conditions that may contribute to these tragedies.

We heard from the Virginia Department of Corrections (VADOC), the ACLU, The Humanization Project, the Virginia Interfaith Center for Public Policy, and members of the public.

The hearing had two primary goals. First, it provided the VADOC an opportunity to offer transparency, share the facts of these incidents, and explain the measures already in place or plans to address them. Second, it allowed the Committee to exercise its critical oversight role by digging deeper into the root causes.

I was particularly interested in examining the role that restorative housing and isolation may play in these incidents. Studies consistently link prolonged isolation with severe psychological distress, and it is imperative that we consider whether current practices are exacerbating these issues. By listening to voices from both within the Department and from advocacy organizations working on prison reform, we can focus on how we can better ensure the safety, dignity, and rehabilitation of those in our correctional system.

We were also able to meet the recently hired Ombudsman for the Department of Corrections, a newly created position housed within the Virginia Office of the Inspector General (OISG). This office is tasked with improving transparency and accessibility by investigating complaints from inmates and providing information regarding their rights. They are in the process of hiring five additional employees for this office, allowing them to efficiently and effectively address complaints.

Ultimately, the meeting was a productive first step, bringing different parties together for a constructive conversation. The Director of the Department of Corrections asserted that he and his staff are committed to the well-being of those they are responsible for while advocates remain committed to acting as “watchdogs,” ensuring that promises are kept. While the loved ones of those incarcerated shared their skepticism about the process, the existence of the Ombudsman office offers some hope going forward.

My hope is that we’ll work together to focus on rehabilitation, a safe environment for inmates and staff as well as reduce the rate of recidivism. As I said earlier, this is not a time for despair but for reflection, recalibration, and resolve. Even in the darkest of seasons, we can be the light for one another, for our communities, and for the principles we hold dear. Democracy, justice, equity - these are not seasonal values; they are enduring commitments.

 

 

Friday, September 20, 2024

Boards, Councils and Commissions Season

September is the beginning of several different seasons. It’s football season (as you may remember from my last column, we dropped my son off at Virginia Tech last month, so Go Hokies!), its back-to-school season, in Virginia it’s election season (early Voting starts this week) and in Richmond, it’s “Boards, Councils and Commissions Season” – at least that’s what I’m calling it.  

Virginia has a very short legislative session - 60 days in the even years and an even more concise 45 days in the odd years. As we get ready for the 2025 Session, the pace of commission work picks up in September, October and November.  

I currently serve as Chairman of the Virginia Code Commission as well as a member of the Joint Legislative Audit Review Commission (JLARC), the Virginia Military Advisory Council, the Secure and Resilient Commonwealth Panel (SRCP), the Judicial Conference of Virginia District Courts, the House Select Committee on Maintaining Campus Safety and First Amendment Expression, and the Virginia Tribes Commission. I also Chair the Virginia Freedom of Information Advisory Council (FOIA Council). 

In my time on the FOIA Council, I have come to appreciate the issues surrounding FOIA requests in Virginia. Now that I am the Chair, I am eager to take a closer look at this process 

What is FOIA? 

The Freedom of Information Act (FOIA) was enacted in 1966, empowering the public to request access to federal agency records, ensuring that citizens, journalists, and watchdog organizations can monitor government activities. FOIA plays a crucial role in upholding democratic values by shedding light on the workings of public institutions, preventing corruption, and fostering informed public debate. By making government actions visible, FOIA strengthens trust between citizens and their representatives, reinforcing the principle that government should serve the people with integrity and openness. 

Virginia FOIA Council 

The Virginia Freedom of Information Advisory Council brings this transparency to the state-level. The Council helps resolve FOIA-related disputes by answering questions from private citizens, public officials, and the media about access to public records and meetings. Under Virginia law, the presumption is that all public officials’ documents and all meetings of state and local public bodies are open to the public. However, there are exceptions, which often lead to good faith disagreements between interested parties. 

The Council has the authority to issue advisory opinions with the intent to resolve disputes by clarifying what the law requires and to guide future practices. That said, it has no authority to mediate disagreements but can serve as a resource, conduct training seminars, and publish educational materials.  

As Chair, I’ve been working on how best to increase transparency in the FOIA process. During our July meeting, I asked Council members to share their concerns and what improvements could be made.  

If increasing public access and government transparency is the goal, how do we best accomplish that while balancing the need to keep some documents confidential? Well, that’s the crux of the issue right there.  

Ripped From the Headlines 

As a case study, let’s look at the recently released policy body camera footage involving Tyreek Hill in Florida. This footage has been in the news and on social media in spite of the fact that the investigation is ongoing and the officers involved are on administrative leave.  

In Virginia, body camera footage may be withheld from the public and the press. It would only have to be released once the case was no longer ongoing pursuant to current law. 

"Ongoing" refers to a case in which the prosecution has not been finally adjudicated, the investigation continues to gather evidence for a possible future criminal case, and such case would be jeopardized by the premature release of evidence.  

Once a case is closed, the list of those individuals who would have a “right” to the footage is short the victim, the victim’s immediate family if the victim is deceased, the victim’s parent or guardian if they are a minor, and an attorney representing a petitioner in certain legal cases 

Even under these provisions there are additional procedures such as notification of the victim and allowing the victim the opportunity to file an injunction against release. Other exemptions may still be used to redact records due to the conflict resolution clause in this section of the Code of Virginia. 

Nowhere does it state that the public or the press has a right to access this material whether the case is ongoing or closed.  

While it pains me to say that Florida is doing something better than the Commonwealth, we should be able to at least be able to do as well as them when it comes to transparency.

Friday, July 5, 2024

New Laws in 2024

On July 1st, several new laws went into effect across the Commonwealth of Virginia, including some that may impact Falls Church residents as they go about their daily lives.

The changes impact a wide range of areas, from animal welfare to higher education, reflecting the evolving priorities and values of Virginians. Here's a look at some of the key legislative updates that Falls Church residents should be aware of.

Animal Welfare

Fans of the News Press’s “Critter Corner” will appreciate a significant shift towards promoting animal rights and safety.

Declawing cats is now illegal unless it's deemed necessary for health reasons. This measure aims to protect cats from unnecessary harm and improve their welfare.

Localities have been empowered to create public online registries for individuals convicted of felony animal cruelty crimes. This initiative seeks to enhance public awareness and prevent further abuse.

On a somewhat related topic, a change championed by some of our rural neighbors in the western part of the state allows residents to legally claim roadkill, such as deer or possum, for personal use.

Casino Regulations

While area residents continue to monitor efforts to allow a casino here in Northern Virginia, effective July 1, Richmond is no longer eligible to host a casino after two failed referenda. A related change that may become relevant in our area someday says any jurisdiction that has had a failed casino referendum must now wait three years before attempting another vote. Petersburg will now take Richmond's place as a potential casino location.

Public Safety

Efforts to enhance public safety and address crime have led to the following changes:

One recommendation of the Governor’s Commission to Combat Anti-Semitism that failed to pass the Republican-controlled House of Delegates last year will become law this year after a change in partisan control of that body. The definition of a hate crime now includes ethnicity. This broadened scope aims to offer greater protection to diverse communities.

Starting July 1, driving without insurance in Virginia will no longer be an option. Previously, Virginians could register as uninsured drivers by paying an annual $500 fee to the Department of Motor Vehicles. However, this option will be eliminated. The DMV estimates that approximately 6,000 drivers will need to provide proof of insurance or face potential license suspension.

Local police agencies can install photo speed monitoring devices at high-risk intersections. This move is intended to reduce traffic violations and improve road safety.

Jury Duty Exemption Age Increase: The age at which citizens can be exempt from jury duty has been raised from 70 to 73, potentially expanding the pool of available jurors.

"Lucia’s Law" increases the penalty for parents who fail to secure their firearms. Passed with bipartisan support as SB 44 and HB 36, the law makes it a felony for adults to allow a child access to a firearm after being notified that the child poses a threat of violence.

The law is named after Lucia Bremer, a Henrico eighth grader shot nine times by a 14-year-old boy using his father's gun on March 26, 2021. Previously, Virginia law only prohibited recklessly leaving a loaded, unsecured firearm around children under 14, without specific storage or locking requirements.

An auto sear is a device that converts a semi-automatic handgun into a machine gun capable of firing hundreds of rounds per minute. Virginia law now prohibits the manufacture, sale, and possession of auto sears.

Consumer Protection

Several new laws will impact how food and alcohol businesses operate:

Home-Based Food Businesses: Entrepreneurs who prepare food in their private homes can now advertise online and sell their products at temporary events or farmers markets.

Permanent Cocktails to Go: The popular pandemic-era provision allowing cocktails to go has been made permanent. However, the allowance for third-party delivery of these cocktails will end on July 1, 2026.

Utility Service Protections: It is now illegal for utilities to be shut off during extreme heat or when temperatures drop below 32 degrees Fahrenheit. This measure aims to protect vulnerable populations during harsh weather conditions.

Higher Education

Significant reforms in higher education have also taken effect:

Banning Legacy Admissions: Virginia's public universities will no longer practice legacy admissions, promoting a more equitable admissions process.

NIL Deals for Student Athletes: Virginia universities can now compensate student athletes through name, image, and likeness (NIL) deals without fear of NCAA sanctions. This law aims to provide fair compensation for student athletes' contributions.

Reproductive Health & Education

Menstrual Health Data Protection: The use of search warrants to access menstrual health data stored in period-tracking apps is now prohibited, ensuring greater privacy for individuals.

Menstrual Education: School Boards now have the authority to include information about menstrual periods in health education for students in grades 4-8. This initiative aims to provide young students with essential knowledge about their bodies.

These new laws represent a diverse array of changes that reflect Virginia's commitment to enhancing the welfare, safety, and opportunities for its residents. You can view a more comprehensive list of new laws online at DLS.Virginia.gov.

Friday, February 16, 2024

2024 Crossover Session Update

What a difference a year (and an election) makes.  

This time last year, I used my monthly column to write about how the short 45-day 2023 Session was winding down and how the only significant legislation left to deal with was the state budget. I went on to talk about how the House version of the budget, then crafted by the Republican Majority, fell short in meeting the needs of hardworking Virginians. How it focused on multi-million-dollar corporate tax breaks, putting our critical services in jeopardy. A rather bleak outlook for sure. 

Fast forward to February 2024 and we’re having a very different conversation. 

First, we aren’t nearly done yet. We’ve still got a month left in our long 60-day session. And we’ve got a Democratic Majority in both chambers, which means that not only are the bills we’re passing looking radically different, but the House budget will also look dramatically different when it comes out on February 18th. 

Now that we’ve reached the halfway point, or Crossover, we’ve had a couple of marathon days on the House Floor, ensuring that we get through all the House bills that passed committee so they can get to the Senate for review. 

My Legislative Update 

I’m also happy to report that 16 of my bills have officially passed the House and are headed to the Senate! Here are some highlights: 

It looks like the 3rd time may be a charm for Falls Church City’s charter change request. This year I amended HB 54 on the floor to get in a format that would get bipartisan support and a 97-2 vote. The charter update will allow more Little City residents to participate on local boards and commissions.  

I also got significant bipartisan support for my bill to abolish the common law crime of suicide. The criminal status of suicide stigmatizes those who have passed and escalates the pain family's face following the tragedy of a loved one's death.  

I even got a bipartisan vote on the floor to advance HB 173 which bans these unserialized “ghost guns” and plastic firearm components in the Commonwealth. 

Another firearm safety bill, HB 175 prohibits the carrying of certain (loaded or unloaded) semi-automatic weapons on any public street, public park, or any other place that is open to the public. That passed the House on a strict party line vote, as did another common-sense gun safety bill, HB 183 which requires that firearms be stored in a biometric safe when individuals under the age of 18 are present. 

To avoid fraudulent or duplicative removal petitions for certain public offices, HB 265 states that removal petitions will not be certified when the asserted grounds have been previously filed and dismissed against the same public official. It also requires the signatures collected on a removal petition be collected within 90 days of the first signature being collected.  

A consumer protection bill, HB 418 makes it possible for class action lawsuits to be established in Virginia. Under the bill provisions, the Supreme Court of Virginia is tasked with creating regulations to govern such actions.  

The last bill I introduced, HB 1539, prohibits extraditions of those who travel to Virginia for reproductive health services. It also prohibits the sharing of personal reproductive or sexual health information without the consent of the consumer under the VA Consumer Protection Act. 

Crossover Stats 

During the 2024 session, there were 1,547 House bills introduced and, of these, 734 passed the House and 185 were continued to the 2025 Session. 

Legislation ran the gamut this year, covering topics like retail cannabis, raising the minimum wage, gun safety, abortion access, housing affordability, solar accessibility, tax policy updates, and campaign finance reform - just to name a few. 

To get a little more into the weeds, 253 of the total House bills introduced went through House Courts, 187 went through General Laws, 91 through Public Safety, and 140 through Rules. That’s a grand total of 671 bills that went through my 4 committees – or 43% of the total bills introduced! 

In the Senate, 737 Senate bills were introduced and the 430 that passed will be crossing over to the House. To keep things moving, we’ve started hearing Senate bills in my committees and I’ve already been over to the Senate to present a couple of my bills this week. We’ll continue on this path until the end of session on March 9th.