Virginia SB 378: Petition for modification of sentence; eligibility, procedures.

Bill Text

2022SESSION
INTRODUCED
22104101D
1 SENATEBILLNO.378
2 OfferedJanuary12,2022
3 PrefiledJanuary11,2022
4 A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to petition
5 for modification of sentence; eligibility; procedures.
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Patrons––PetersenandMorrissey
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8 ReferredtoCommitteeontheJudiciary
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10 Be it enacted by the General Assembly of Virginia:
11 1. That the Code of Virginia is amended by adding a section numbered 19.2-303.03 as follows:
12 §19.2-303.03. Petition for modification of a sentence; eligibility; procedures.
13 A. Notwithstanding any other provision of law or rule of court, upon petition of a person who
14 remains incarcerated in a state or local correctional facility or secure facility, as defined in § 16.1-228,
15 serving the sentence for any conviction or for a combination of any convictions, the circuit court that
16 entered the original judgment or order shall grant a hearing to determine whether to modify such
17 person's sentence if such person:
18 1. Has served at least 10 years of his sentence if he was 25 years of age or younger at the time of
19 the offense or has served at least 15 years of his sentence if he was 26 years of age or older at the time
20 of the offense;
21 2. Meets the following behavioral standards, unless a waiver of such standards is granted upon
22 agreement with the attorney for the Commonwealth or the court:
23 a. Such person has been earning good conduct time, good conduct allowance, or earned sentence
24 credits as a Class Level I as defined by the Department of Corrections operating procedures for at least
25 five consecutive years prior to the filing of the petition;
26 b. Such person has not been convicted of a 100 series disciplinary offense as defined by the
27 Department of Corrections operating procedures during the five years preceding the filing of the
28 petition; and
29 c. Such person has not been convicted of more than one 200 series disciplinary offense as defined by
30 the Department of Corrections operating procedures during the five years preceding the filing of the
31 petition; and
32 3. Has not (i) filed a petition for modification of a sentence pursuant to this section within the
33 preceding three years, (ii) had a sentence modified pursuant to this section within the preceding five
34 years, or (iii) filed more than two petitions for modification of a sentence pursuant to this section.
35 B. The circuit court shall have authority to conduct hearings on petitions for the modification of a
36 sentence pursuant to this section.
37 C. Any person eligible for modification of a sentence under subsection A may file a petition for the
38 assistance of counsel and a statement of indigency with the court on a form provided by the Supreme
39 Court of Virginia. The court may summarily dismiss the petition if the person is not eligible for
40 modification of a sentence based on the criteria set forth in subsection A. If the petition is not
41 summarily dismissed and the court finds that the person is entitled to representation by counsel subject
42 to the provisions of Article 3 of Chapter 10, the court shall appoint counsel to represent the petitioner.
43 An attorney appointed to represent a petitioner pursuant to this subsection shall be compensated at the
44 same rate as an attorney providing representation on a felony case pursuant to §19.2-163.
45 D. The petition for modification of a sentence shall be filed with the circuit court that entered the
46 original judgment or order on a form provided by the Supreme Court of Virginia by the petitioner or by
47 counsel for the petitioner. Such petition shall allege with specificity all of the following: (i) the
48 petitioner's full name and date of birth; (ii) the offense for which the petitioner was convicted; (iii) the
49 date on which such offense was alleged to have been committed; (iv) the date on which the petitioner
50 was sentenced for such offense; (v) whether the petitioner remains incarcerated in a state or local
51 correctional facility or secure facility serving the sentence he seeks to modify and, if so, which facility;
52 (vi) whether the petitioner has previously filed any other petition in accordance with this section; and
53 (vii) the reason the petitioner is requesting a sentence modification and any information in support
54 thereof. If the petitioner fails to submit a completed form, the circuit court may allow the petitioner to
55 amend the petition to correct any deficiency. Failure to include all information pursuant to this
56 subsection shall not be grounds for dismissal of the petition.
57 E. The Commonwealth shall be made party to the proceeding. The petitioner shall provide a copy of
58 the petition by delivery or by first-class mail, postage prepaid, to the attorney for the Commonwealth of
INTRODUCED
SB378
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SB378 2of3
59 the city or county in which the petition is filed. The attorney for the