On Tuesday, the House Privileges and Elections Committee in Virginia voted to advance House Joint Resolution 2 (HJ2), a proposed constitutional amendment that seeks to restore voting rights for individuals with felony convictions upon release from incarceration and strengthen voting protections for individuals with disabilities. The resolution, introduced by Delegate Elizabeth Bennett-Parker (D-Alexandria), was passed by the committee in a narrow vote of 12 to 9.
Under this amendment, individuals who have completed incarceration for felony convictions would automatically regain their voting rights, eliminating the current requirement for rights restoration by the governor.
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In a rare move, following Donald Trump's re-election to the presidency, the Virginia House of Delegates Privileges and Elections Committee has scheduled a surprise meeting to review three proposed amendments to the Virginia Constitution.
The meeting, set for 11 a.m. tomorrow, November 13, 2024, will take place in House Committee Room Câ206. It will catch the publicâs attention ahead of the General Assemblyâs regular session in January 2025.
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Fredericksburg City Council has taken a pivotal step toward enhancing its green spaces by including an urban tree canopy expansion initiative in its legislative agenda. The move, discussed during the councilâs October 22 meeting, has earned appreciation from local environmental advocates, including Friends of the Rappahannock, a group dedicated to preserving the region's natural resources.
Brent Hunsinger, a representative for the organization, spoke on the importance of expanding tree cover in urban areas, stating, âThank you very much for working with the city on this issueâŠwe feel that this is a very important step so that our lawmakers in Richmond can see that localities care about this as well, not just organizations such as Friends of the Rappahannock, as we work towards expanding that authority potentially down the road to try preserve and expand that urban tree canopy.â
Urban tree canopy initiatives provide numerous benefits, including improved air quality, reduced heat, and enhanced community well-being. These projects are increasingly recognized as essential for building climate resilience in cities, where trees help mitigate the effects of urban heat and contribute to carbon sequestration. With the legislative session approaching in January, Fredericksburgâs request for increased authority to preserve and grow its tree canopy reflects a broader commitment to environmental sustainability.
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On Thursday, October 17, 2024, the Stafford County School Board convened with local lawmakers to present its 2024 legislative agenda for the upcoming Virginia General Assembly session. Focused on enhancing educational quality and addressing critical funding disparities, the School Board laid out priorities designed to improve resources, staff retention, and the educational environment for Stafford County Public Schools.
The School Board's legislative agenda underscores several issues:
1. Cost-of-Competing Adjustment (COCA): Stafford County receives only 25% of the COCA funding that neighboring Northern Virginia districts enjoy, despite facing similar cost-of-living and market conditions. The Board urged lawmakers to support full COCA funding to help Stafford attract and retain educators, noting a $10,000 average salary gap between teachers in Stafford and nearby districts.
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Virginia State Senator Danica Roem (D-30, Manassas Park, Manassas) met with the Manassas Park Governing Body on Tuesday to discuss legislative priorities for the upcoming 2025 Virginia General Assembly session. Roem, who recently relocated to Manassas Park, emphasized her commitment to addressing local needs and improving community infrastructure.
During the session, Roem expressed her ongoing efforts to collect community input to shape her legislative agenda effectively. "I am in my information gathering phase," Roem stated, explaining her approach to understanding the specific needs of the communities she represents, including Manassas Park, the City of Manassas, the town of Haymarket, and Prince William County.
Roem reassured the council of her support for local projects, such as the much-needed streetlight improvements along Manassas Drive. She asked for updates on federal grants applied for and the amount of city money already allocated to the project to determine how much state coverage is needed.
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In Prince William County, a catch-and-release style revolving justice system keeps more criminals on the street in the name of fairness.
A shooting at Manassas Mall on July 9, 2024, left two people injured, including one of five suspects in the case, underscores a more significant problem with the justice system in a much more progressive Prince William County.
At odds are those who want to reform the judicial process to make it more fair for criminals and those who wish to prosecute crime to get them off the streets for a determinate period. Caught in the middle are county residents.
Revolving Justice System and Its Implications
In a July 10 letter to her constituents, Coles District Supervisor Yesli Vega, whose district borders the Manassas mall, highlighted two cases where individuals previously accused of felony offenses were released from custody and re-offended. In the mall shooting, she highlighted that 18-year-old Daevon Russell, one of the individuals involved in the gun battle that left a shooter and a bystander wounded, had been previously arrested after an August 2023 shooting for reckless handling of a gun causing permanent bodily severe injury, a felony.
Court records show Russell went to a classmateâs house and shot the cousin of the classmate, who was also inside the home, without provocation. Russell ran from the home, leaving the victim there to bleed. The victim went into cardiac arrest several times on the life flight to Inova Fairfax Hospital, where doctors were able to stop the bleeding and save his life.
Controversial Decisions and Judicial Diversion
When the case went to court, Judge Petula C. Metzer, on a recommendation from county Commonwealth Attorney Amy Ashworth, released Russell with nothing more than a promise to appear and the stipulations that he ânot consume intoxicants and have no contact with the victim.â Ashworth claimed her office argued for no bond at a previous hearing, but she could not produce the bond document to prove her claim.
There was no stipulation in Metzler’s order to not possess or carry a firearm. Russell is now accused of going to the mall armed and getting into an altercation in the food court that escalated to shots fired between the two groups.
In a separate case in her letter, Vega highlighted Arial Moya Claros, who has 11 previous charges involving alcohol and family violence over the last two years, before his arrest on July 7, 2024, for felony abduction by force and misdemeanor domestic violence assault and a second driving while intoxicated (DWI) charge.
Six months earlier, in a January 2024 case, Clarosâ landlord sought a restraining order against him after the landlord claimed Claros âtook the eviction process personalâ and claimed Moya Claros was caught on camera attempting to damage the landlordâs vehicles. A verbal confrontation ensued, and the police responded. The landlord also claimed in his petition for a restraining order that Claros followed his pre-teen daughter home, and she had to hide and call her parents because she was scared.
Clarosâ case was adjudicated in a family court diversion program in the two earlier domestic violence instances. Had he been convicted in either of the other domestic violence cases, he would be facing a Class Six felony charge for the Domestic Violence assault, which carries a penalty of up to 20 years in jail.
Now, he faces only a misdemeanor assault charge because there were no convictions in the earlier cases, for which carries a much lighter potential sentence. Despite his history of violence and the escalation of violence with this same victim, Claros was released within hours of his arrest on a simple promise to appear.
Commonwealth Attorney Amy Ashworth points to Virginia law that judges only consider convictions, not pre-trial adjudications, when making bail decisions. This requirement by the code to only consider convictions and Ashworthâs focus on diversionary programs sidesteps the more intense consequences convictions provide for re-offenders.
Citing a long-standing prohibition on making statements about open cases, Ashworth said that her office âtakes domestic violence cases very seriously and would never agree to a bond if [her office] believed the accused was a danger to anyone or there was a risk the accused [would abscond].â She also said that her office makes good faith recommendations to the judges regarding bail and diversion, but âthe Judges unfortunately do not issue reasons for the decisions that they make.â
Diversion Programs vs. Public Safety
Diversion is a broad term referring to alternatives to prosecution that minimize an offenderâs exposure to the criminal system by offering an alternative to prosecution and incarceration. These programs bank on an offenderâs desire to stay out of jail, to get them on a path to not re-offend.
Diversion programs can help first-time offenders, but experts warn that overusing them for repeat offenders could weaken domestic violence prosecutions. This overuse might unintentionally support the ongoing cycle of violence that victims experience.
Elisa Castillo, director of domestic violence services at Action in Community Through Service (ACTS) in Prince William County, said, âDiversion programs have their place, but some people, for whatever reason, donât take the chances they are given seriously and jail has to be part of the equation.â
With Ashworth’s election in 2019, county prosecutors shifted focus from a reputation of being tough on crime to a more diversionary justice system that incarcerates fewer criminals and focuses prosecutorial efforts on programs to rehabilitate criminals before they go to jail. The result is a record-low incarceration population in the county lockup and a heavier workload on the probation office.
Prince William County Sheriff’s Chief Deputy Terry Fearnley said the jail population hovers around 540 and represents only the worst of the worst offenders. That number is about half of the jail’s average under former county prosecutor Paul Ebert, who retired after 50 years. Under Ebert, the jail averaged 1,000 inmates.
The jail population is not a bellwether of a healthy justice system but can indicate problems. According to Steve Austin, the countyâs director of criminal justice services, referrals from the courts to his pretrial release program have risen nearly 19% during Ashworthâs tenure. Yet, recidivism rates, or the number of accused who commit additional crimes, in his programs have increased by two percentage points in the same period.
Ashworth has said that she does not maintain recidivism statistics, so we are unable to compare how many times people not involved in pre-trial supervision re-offend on her watch. In a statement to Potomac Local, Austin said he could not pinpoint why the recidivism rate in his program has increased despite increased staffing and budgeting.
Community Impact and Political Reactions
Supervisor Vega, reserve Prince William sheriffâs deputy, has been critical of Ashworthâs soft-on-crime policies for some time. She highlighted the two cases because they are âbut two examples of the catch and release justice system she sees under Ashworthâs watch.â Vega said she has a unique vantage point of the justice system, previously as a patrol cop and now in her reserve capacity working in the courthouse. âI hear complaints from law enforcement officers telling me that they are dismayed how quickly people they arrest for serious crimes are back on the streets within hours of their arrest and back re-offending, and I hear from constituents that are worried about how unsafe our community has become.
Ashworth is a founding member of the Virginia Progressive Prosecutors for Justice (VPPJ), a left-leaning political activist group. VPPJ has been a leading proponent of justice reforms in Virginia that make crime less detrimental for criminals in the name of equal justice.
VPPJ has called for the state legislature to end mandatory minimum sentences and cash bail. A 2021 letter to the General Assembly argued that these reforms would make it more fair for poorer Virginians. Ashworth does not think making the accused put up collateral to leave jail will help criminals return to court, âRequiring a cash bond punishes people for being poor, and it makes bail bond companies rich,â she said.
With the largest prosecutorial team in the commonwealth, Ashworth has made headlines for prosecuting significantly fewer cases and instead focusing on diversionary efforts as an alternative to prosecution. On average, Ashworthâs predecessor, Paul Ebert, prosecuted 350 felony cases monthly. Ashworth comparatively averages to indict 75 125Â felonies per month despite a massive influx in funding and personnel.
Her opponents have blamed the lack of prosecutions as the reason for the countyâs alarming 70 percent increase in violent crime between 2019 and 2023. In an unsuccessful bid to unseat Ashworth in 2023, Matt Lowery held a press conference highlighting the rise in violent crime last year. âMs. Ashworth has charted a course virtually identical to the ultra-liberal prosecutors all around us, and Prince William County residents have paid the price with their property, with their health, and even sometimes with their lives,â Lowery said.
In a 2019 interview with Potomac Local News, Ashworth stated that the fair handling of domestic violence cases was one of her top three issues when running for office. âI will assign a senior attorney to exclusively handle domestic violence so we can pay more attention to the serious domestic violence cases and sort out the minor âpush-and-shoveâ cases,â Ashworth said.
According to The National Domestic Violence Hotline, domestic abuse almost always escalates to something bigger without intervention. This escalation appears to be present in the Moya Claros case, where he is now accused of abducting his victim by force- a felony- in his current case.
Russellâs trial on the December charges is set for August 5, 2024. He remains at the Prince William Adult Detention Center with no bond after his arrest for the Manassas Mall incident. Heâs scheduled for a preliminary hearing on the mall charges on September 19, 2024.
Moya Clarosâ case is set for another adjudication hearing on November 19, 2024. He remains free on a promise to appear.
*This story has been corrected.
Gov. Glenn Youngkin and state lawmakers are scrambling after veterans' families lost education benefits following the approval of the state budget.
The topic dominated a recent Town hall meeting attended by multiple local state elected officials from Prince William County. The elected officials unanimously pledged to fix the issues created when state lawmakers passed the 2024 budget.
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By Morgan Sweeney
(The Center Square) â Gov. Glenn Youngkin signed Virginiaâs budget for fiscal years 2025-2026 Monday after the stateâs General Assembly voted to pass it in a special session convened for that purpose.
The $188 billion biennial budget was agreed upon at the tail end of last week after protracted and extensive negotiations between Youngkin and conferees.
Despite the Republican governor holding the line and not allowing taxes to be increased, he and the Democratic-majority General Assembly were able to reach a compromise due in large part to general fund revenues to date exceeding forecasts. Theyâre currently expected to surpass original projections for the year by over $1 billion.
âWhile Virginiansâ elected officials can sometimes be far apart on policy, today demonstrates and reiterates that we can come together to deliver for the Commonwealth. This budget resolution was empowered by the strength of our labor market, with more Virginians working than ever before and investments by businesses large and small that have fueled record revenues for the Commonwealth,â Youngkin said in a statement.
Democrats tried to include a digital sales tax in the compromise budget â something they adopted from Youngkinâs December budget proposal â but the governor objected to the tax without the accompanying tax breaks he had included in his introduced budget.
While the sales tax would have increased revenues by over $1 billion, the budget passed Monday relies on $525 million from excess revenues to help implement some Democratic priorities.
Chair of the Senate finance committee Sen. Louise Lucas, D-Portsmouth â one of the most vocal critics of some of Youngkinâs budget proposals and goals â lauded the confereesâ work and praised the final product.
âI want to take this moment to thank the conferees and the committee staff for their hard work and dedication,â Lucas said. âThereâs a lot to love about this budgetâŠ. This is a win for the commonwealth.â
The budget includes 3% raises for teachers and state government employees each year and increased funding for K-12 schools and higher education. It also includes additional funding for law enforcement, mental health and substance abuse treatment services, transportation and conservation, among other initiatives.
Notably, the budget lacks one other item for which Democrats fought intensely: Looping Virginia back into the Regional Greenhouse Gas Initiative. On Youngkinâs first day in office, he issued an executive order to sever Virginiaâs ties with the initiative, viewing it as a burden to Virginiaâs pro-business environment and as a âbackdoor taxâ to residents whose energy bills could be raised by utilities trying to recoup costs.
Legislation making Virginia a part of the Initiative was passed in 2020. The Initiative attaches a cost to CO2 emissions. Participating states â a coalition of 11 Northeastern states before Virginia joined â place limits on how many CO2 emissions power plants can produce. Plants can purchase emissions credits if they need more allowable emissions or risk penalties and fines. A lawsuit claiming Youngkin acted outside the scope of his powers as governor by effectively repealing passed legislation through executive action is ongoing.
Del. Richard Sullivan, D-Fairfax, lamented the death of Democratsâ efforts to incorporate RGGI back into Virginia policy through the budget from the floor â while vowing to resurrect it in the future.
âI will vote today for the budget, Mr. Speaker, because of the long list of important advances it makes for the commonwealth. But my vote will be tempered by great disappointment at an opportunity squandered by our governor,â Sullivan said. âAlso my vote will be filled with resolve to get Virginia back into RGGI just as soon as possible. This is not over.â
Republicans arenât thrilled with many aspects of the freshly approved budget, but most voted to pass it.
âWhile the budget isnât what a Republican House of Delegates would have produced, the document signed by the Governor today is a significant improvement over the budget sent to him at the end of the regular session,â said House Minority Leader Del. Todd Gilbert, R-Shenandoah, in a statement.
âTodayâs budget contains no tax increases and does not require that Virginia rejoin the failed Regional Greenhouse Gas Initiative. It reflects compromise, with both sides dealing in good faith to meet our most basic responsibility,â Gilbert said
If lawmakers had not been able to compromise with the governor by June 30, Virginia would have been at risk of a government shutdown.
By Morgan Sweeney
(The Center Square) â Gov. Glenn Youngkin signed 100 bills into law on Tuesday and vetoed four, bringing his tally so far this session to over 360 bills signed and a record 132 vetoed.
In addition to his vetoes, this batch included more Democrat-sponsored legislation, several health care bills, and an anti-discrimination bill lauded by the governor.
With the Democratic majority in the General Assembly, the percentage of Democratic legislation the governor signs in each round of bill action will likely continue to grow. Youngkin is almost halfway through the legislation sent to him by the body, but both the House of Delegates and the Senate passed substantially more legislation patroned by Democrats than Republicans.
Thus far, signed Democratic legislation hadnât drastically outpaced signed Republican legislation, but on Tuesday, the governor signed 62 more Democratic bills than Republican. All of the governorâs vetoes, however, have been Democratic legislation.
One of the health care bills responded to recommendations made by the Joint Legislative Audit and Review Commission, which conducts reviews on the effectiveness of state agencies and policies.
In December, the Commission released a report on Virginiaâs state psychiatric hospitals, revealing turnover rates much higher than those for most state government employers. This was due to staff feeling unsafe at work, as well as some uncompetitive pay. House Bill 806, introduced by Del. Sam Rasoul, D-Roanoke, partially addresses the problem by requiring nursing staff and psychiatric technicians who work at least 36 hours per week to be designated as full-time employees. The bill also attempts to add some employee pay and benefits protections.
HB 503, patroned by Laura Cohen, D-Fairfax, dictates that licensed behavior analysts be included in the commonwealthâs definition of âcredentialed addiction treatment professionals,â to help meet the demand for addiction treatment. No organizations or individuals testified against the bill when it was presented to the committee or subcommittee.
House Bills 314 and 515 both concern state hospitalsâ discharging practices.
Several others aim to improve Virginiaâs health insurance landscape, updating reporting requirements and penalties for noncompliance for pharmacy benefit managers, prioritizing premium reduction targets for the Commonwealth Health Reinsurance Program, and regulating insurance companiesâ interference with patientsâ prescription drug coverage.
HB 1085, also patroned by Rasoul, establishes a PFAS Expert Advisory Committee to aid the state in reporting and containment of per-and polyfluoroalkyl substances, or âforever chemicals.â
In the press release from his office regarding his latest signing session, the governor celebrated signing HB 18 and Senate Bill 7, companion hate-crime and discrimination bills, tying them into his efforts to combat anti-semitism.
âAs one of my first executive orders, I formed the Commission to Combat Antisemitism, which issued a recommendation that Virginia revise its laws to ensure Jewish Virginians are protected from hate crimes, along with Muslims, Sikhs and other ethnic and religious groups. Today, after two years of hard work, Iâm pleased to sign SB7 and HB18 which codify that recommendation,â Youngkin said.
The bills were sponsored by Sen. Bryce Reeves, R-Orange, in the Senate and Del. Dan Helmer, D-Fairfax, in the House.
Youngkin vetoed bills requiring the state Board of Education to create and adopt model policies on climate change curriculum and enforcing penalties for retail sellers of unmarked invasive plant species, as well as a bill from Sen. Ghazala Hashmi, D-Chesterfield, enabling academic research on aggregated district court case data.