HB 853: Petition for modification of a sentence; eligibility, procedures, report
🔴 THREAT LEVEL: HIGH
BILL SNAPSHOT
Bill Number: HB 853
Bill Patron: Del. Rae Cousins (D)
Bill Area: Criminal Justice / Sentencing
Who This Bill Affects: Convicted felons, victims and survivors of violent crimes, correctional facilities, circuit courts, probation officers
QUICK SUMMARY
HB 853 would allow people serving long sentences for felony crimes to return to court after 15, 20, or 25 years and ask a judge to change or reduce their sentence. A judge could shorten the remaining time, run it concurrently with another sentence, or place the person on probation instead of keeping them incarcerated.
The bill also requires the Department of Corrections to create a work group to study how to implement this new process and how to update victim‑notification systems.
RALLY ANALYSIS
HB 853 mirrors the “Second Look” resentencing model, creating a brand‑new pathway for individuals convicted of serious felonies to seek early release decades after their original sentencing. Under current Virginia law, once a sentence is final, courts cannot reopen it — but HB853 would undo that long‑standing rule.
This bill shifts the balance of the justice system by giving violent offenders a second chance at resentencing while placing victims in a vulnerable position. If a judge grants a hearing, victims may be forced to return to court, testify again, and relive the trauma they have spent years trying to move past.
The bill also places new burdens on courts, prosecutors, and probation systems, which will have to manage a wave of petitions and hearings. And while it calls for a work group to “study” victim notification, it does not guarantee strong protections or meaningful involvement for victims.
WHY THIS BILL IS BAD
- Creates a new early‑release pathway for individuals convicted of serious felonies, undermining the original sentencing decisions made by judges and juries.
- Forces victims back into court, requiring them to testify again and relive the trauma of violent crimes.
- Weakens the finality of criminal sentences, overturning long‑standing Virginia law that prevents resentencing decades later.
- Strains courts and probation systems, which will face a surge of petitions and hearings from long‑term incarcerated individuals.
- Provides no real victim protections, relying instead on a future work group with no guaranteed outcomes.
RALLY VERDICT: ❌ OPPOSE
We oppose HB 853. This bill opens the door for violent offenders to seek early release while placing victims at risk of re-traumatization. It undermines the stability and finality of Virginia’s sentencing system and prioritizes offenders over the safety and peace of victims and their families. Until victims’ rights and community safety are fully protected, HB 853 is a dangerous and unnecessary proposal.
RALLY RADAR — THREAT LEVEL LEGEND
⚫ CRITICAL THREAT — Immediate and severe harm; must be stopped
🔴 HIGH THREAT — Serious risk to safety, liberty, or governance
🟡 MODERATE THREAT — Concerning but limited scope
🟢 LOW THREAT — Minimal impact or symbolic
