GOVERNOR'S VETO

Pursuant to Article V, Section 6, of the Constitution of Virginia, I veto House Bill 45 which includes incarceration prior to entry of the final order of conviction in the calculations for eligibility of earned sentence credits.

The proposal allows inmates to receive earned sentence credits for time served before a conviction, including time spent in state hospitals and retroactively applies to those serving sentences. This is a further departure from the Commonwealth’s historical and bipartisan truth-in-sentencing policy.

The ramifications of such a policy shift are alarming. Not only would it necessitate recalculating virtually every inmate's sentence, but it would also undermine public safety by releasing individuals at a heightened risk of re-offending. Data shows that similar measures have led to higher re-arrest rates, increased volumes of new convictions, and elevated recidivism risks.

Applying broadened earned sentence credits raises serious concerns for the justice system and public safety. Eligibility for these credits extends to individuals who are already parole-eligible, leading to absurd outcomes where offenders currently under supervision could be released prematurely.

Lastly, the proposal bill fails to shield the Commonwealth from potential legal liabilities adequately. While it may offer limited protection against specific claims brought under § 8.01-195.11, it does not provide protections brought under Tort Claims Against the Commonwealth of Virginia (§ 8.01-195.1 et seq.) and cannot shield claims brought under federal law. The burden placed on our judicial system by these potential lawsuits, coupled with the resources required for sentence recalculations, further underscore the impracticality and recklessness of this bill. 

By prioritizing leniency over accountability, it disregards the interests of victims and places our communities at risk. 

Accordingly, I veto this bill.