Criminal Justice Reform in Virginia

Over these past few months, the Virginia General Assembly and Governor Northam have passed a series of bills to address criminal justice reform during the Special Session that convened in August.

The Virginia General Assembly passed a law to give Civilian Review Boards the power to initiate investigations and have a say in disciplinary rulings for law enforcement groups. While these groups existed before, they were previously restricted to an advisory role. However, this new law, which goes into effect July 1st 2021, only allows localities to implement this measure, rather than actually requiring these oversight groups. Shifting to mandatory civilian input would allow for greater transparency and accountability. 

The other key update passed this fall was the ban on no-knock search warrants, making Virginia the third state to pass this law, in response to continued reports of increased excessive force and mistaken identities associated with no-knock warrants. In further attempts to reduce violence and police brutality, House Bill 5049 limits the use of military weapons and vehicles by police, except when the Criminal Justice Service Board approves a waiver. The bill also prohibits the use of “kinetic impact munitions,” such as rubber and plastic-coated projectiles, except in the direct defense of an officer or other person. This is especially significant in the context of protests and police use of tear gas and rubber bullets on crowds. Other bills that passed include measures to increase crisis training, de-escalation techniques, and bias training.

Additionally, both the VA House of Delegates and Senate took measures to try to address accountability and enforcement of officer misconduct punishments. Until the Special Session this past August, officers who were dismissed or under review could apply and continue to work in other districts. However, the passage of House Bill 5051 requires the Department of Criminal Justice Services to establish standards of conduct, adopt procedural due process, and alert the Criminal Justice Service Board of possible violations, to prevent officers from resigning and being re-hired in new areas. Many police chiefs in Virginia have expressed frustration at how easy it is for an officer who has been de-certified to then re-apply to a nearby agency. House Bill 5104 also requires greater disclosure of information regarding violations, misconducts, and lawsuits against law enforcement officers to other law-enforcement or jail employers. With the passing of this bill, officers who violate this new state code will be barred from staying in law enforcement.

The disclosure of information bill only requires disclosure to law enforcement-related hiring, which demonstrates the double standard in reporting practices, with the imbalance further created by “qualified immunity”, with civilians required to report report even minor offenses, significantly affecting future employment and access to government resources. While there were bills proposed to reduce the scope of qualified immunity, these did not pass.

Despite establishing more concrete standards of conduct with restrictions on what is allowed and when it is considered “acceptable” to violate civilian rights, these bills still need to be expanded to actually punish and hold law enforcement accountable. Currently, police officers could still potentially remain on paid suspension or be fired with no other consequences, regardless of severity of violations. In Virginia, officers are only de-certified when prosecuted and found guilty. As a result, only a small portion of officers who had violations or complaints against them are de-certified, with Virginia having one of the lowest rates of de-certification. Future reform bills should also require complete investigations for all reported violations.

For increased accountability, House Bill 5029 now requires other officers to intervene in cases of excessive force, as well as report the offending officer. While this bill is a necessary provision, the ambiguity of “unlawful excess force” and “attempt to intervene” when “objectively possible and reasonable” could leave some cases open to interpretation by law-enforcement agencies themselves, with the possibility for variability by localities or station.

While these bills are steps forward in the right direction, more needs to be done in the upcoming session to address the gaps and bills that did not pass. With the list of upcoming bills to be voted on in January, the ones that re-direct resources and funds towards community programs could allow the state to better address systemic issues related to justice. Virginia should also continue on the trend towards decriminalizing minor offenses, using alternatives to jail time more often for first offenses, and adopting trial reform.

Ramya Ravi

Ramya Ravi is a 4th year from Virginia studying Public Policy and Biochemistry. Her main policy interests include housing, equity, criminal justice reform, and healthcare. She looks forward to reading about and getting more involved with a wider range of policy issues and promoting Batten projects through VPR.

The views expressed above are solely the author's and are not endorsed by the Virginia Policy Review, The Frank Batten School of Leadership and Public Policy, or the University of Virginia. Although this organization has members who are University of Virginia students and may have University employees associated or engaged in its activities and affairs, the organization is not a part of or an agency of the University. It is a separate and independent organization which is responsible for and manages its own activities and affairs. The University does not direct, supervise or control the organization and is not responsible for the organization’s contracts, acts, or omissions.