SB 1443

Abstract

Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses. Eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement. The work group would report on its findings by November 1, 2021. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

Elimination of mandatory minimum sentences;modification of sentence to mandatory minimum term of confinementfor felony offenses. Eliminates all mandatory minimum sentencesof confinement from the Code of Virginia. The bill also providesa petition process for a person who was convicted or adjudicateddelinquent of a felony offense committed prior to July 1, 2021, exceptfor a Class 1 felony or any felony that was punishable by a mandatory minimum term of confinement for life, and sentenced to a mandatoryminimum term of confinement for such felony offense and who remainsincarcerated in a state or local correctional facility serving themandatory minimum term of confinement for such felony offense topetition the circuit court that entered the original judgment ororder to (i) suspend the unserved portion of such mandatory minimumsentence, (ii) place such person on probation for such time as thecourt shall determine, or (iii) otherwise modify the sentence imposed. The bill provides that such petition shall be filed by July 1, 2024.This bill is a recommendation of the Virginia State Crime Commission.