Long-serving prisoners could seek sentence reviews in Virginia courts

An incarcerated person may ask the original sentencing court to review their sentence. The process covers people still held in a state or local prison or secure facility for the crimes listed in the proposal. The court may grant a hearing only if the person meets the waiting period and petition limits. It may dismiss a petition without a hearing if the person does not show good cause. The waiting period is at least 25 years for the most serious listed crimes, 20 years for the listed second-degree murder, adult-victim sexual offenses, and other specified crimes, and 15 years for convictions not listed in those groups. The person must not have filed a petition under this section in the past three years, had a sentence changed under it in the past five years, or filed more than two petitions under it. A person must have served the applicable minimum term before filing.

A judge may change a sentence if the person shows good cause. This applies when a petition reaches a hearing before the person has fully served the sentence. The judge may dismiss the petition, suspend time left to serve, make that time run with another sentence, order probation, or otherwise change the sentence. A changed prison term cannot exceed the original term. The judge may act even if another law requires a minimum prison term. The judge must weigh listed factors, including the person's age, growth, conduct and rehabilitation in prison, health and treatment, victims' views, and plans for housing and work after release. The court may act at any time before the person has fully served the sentence.

Prison staff would try to notify victims, and victims could take part in the review. These steps concern victims of the crime for which the person is serving the sentence, or their representatives. Staff must make reasonable efforts to notify a victim or representative about the petition and hearing. A victim does not have to respond unless the court orders it. After notice, a victim or representative may review relevant prison records, join a guided meeting with the person in prison, and speak or submit a statement at the hearing. Taking part in the meeting is voluntary, and neither person's choice not to participate may count against the person seeking a sentence change. The court must hold a status hearing within 120 days after the petition is filed. The date may be extended by agreement or, for good cause, by the court.