Attorney General calls for reform of Virginia’s early release sentencing program

Jason Miyares, Attorney General of Virginia - Official Website
Jason Miyares, Attorney General of Virginia - Official Website
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Attorney General Jason Miyares has urged the Virginia General Assembly to address issues with the state’s Enhanced Earned Sentence Credits (EESC) law. During a press conference in Richmond, Miyares highlighted new data on recidivism rates and shared experiences from victims, families, law enforcement, prosecutors, and victim advocates affected by early releases under this law.

The EESC program, introduced in 2020 as a replacement for the “Truth in Sentencing” law, allows inmates to reduce their sentences by up to one-third with minimal requirements. Unlike the federal First Step Act, which links sentence reductions to participation in recidivism reduction programs, Virginia’s EESC lacks mechanisms to enhance public safety. Those who spoke at the event were victimized by offenders released or due for release despite being assessed as high-risk for violent reoffending.

The program permits significant sentence reductions for serious and repeat offenders without safeguards to protect citizens or decrease recidivism. It rewards inmates for expected behavior such as completing basic programming and avoiding major infractions—even those deemed high-risk for violent reoffending.

In February 2024, the Office of the Attorney General (OAG) revealed that inmates released under EESC were more likely to reoffend and be rearrested—particularly for violent crimes—compared to those released through standard procedures. This has resulted in a system prioritizing sentence reduction over public safety.

During the press conference, crime victims, survivors, prosecutors, and law enforcement officials shared personal accounts of harm caused by EESC early releases. Senate Majority Leader Scott Surovell criticized Attorney General Miyares’ focus on individual cases, referring specifically to Mindy Applewhite’s daughter Dr. Lindsey Braun’s death as a “one-off situation.”

The Office of the Attorney General is prepared to collaborate with the General Assembly on bipartisan solutions aimed at enhancing public safety and ensuring accountability within Virginia’s justice system.



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