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Department of Corrections gets approval to release low-level offenders early, not all are eligible

RICHMOND, Va. (WAVY) — As per Virginia General Assembly approval, the Department of Corrections is now authorized to release low-level offenders with less than a year left to serve as a result of the coronavirus pandemic.

The official statement was released on Friday saying that the VGA approved the legislation after Governor Ralph Northam’s request for additional options to minimize the spread of the virus throughout the justice-involved population.


The early release program is one of the options the governor recommended to keep low-level offenders out of confined correctional facilities.

The DOC will identify those that are eligible by procedures that ensure the public’s safety, well-being of the offender’s family, availability of community resources, healthcare, and well-being of the offender if released. Additionally, the diagnosis of COVID-19 is not an automatic release factor.

Each case is reviewed in detail and multiple factors are taken into consideration such as offense type and history, medical conditions, approved release plan, good behavior, and the likelihood of not reoffending.

“The Governor and legislature have enabled us to discharge low-level offenders in a responsible manner. These returning citizens will need our support,” said Brian Moran, Secretary of Public Safety and Homeland Security. “We thank family members and community organizations for doing all they can to offer services to this population as they are released during the pandemic. This unprecedented crisis calls for a smart, responsible approach which takes into account public safety while ensuring the returning citizens’ reentry success.”

According to the statement, offenders convicted of a class 1 felony or a sexually violent offense are not eligible for release.

To help the transition and continue promoting social distancing, offenders released will have three months’ worth of medication instead of one month.

Since the early release program legislation is active for the duration of the emergency declaration order, the exact numbers of those eligible will vary.

As for the offenders after the release, both state probation and parole offices are preparing and making sure they are ready to support having additional offenders. Probation and parole offices have transitioned to a partial electronic intake system. In the event that this is not possible, officers complete one intake at a time while abiding by sanitation and social distancing guidelines.

“Just as our medical professionals have been working around the clock throughout this pandemic, our offender management staff are moving very quickly to identify offenders eligible for early release,” said Department of Corrections Director Harold Clarke. “We are focused on safety – public safety, staff safety, and offender safety. We’re looking at offender home plans and access to medical care, among many other factors. We must avoid releasing someone from a facility where they have access to 24-hour care into a situation in which they are more susceptible to COVID-19.”

Those with questions can email the DOC directly or call the COVID-19 information line at 804-887-8484.

More information can be found online.

RELATED: Virginia sees major decline in misdemeanor offenses and jail population after Northam releases guidance.


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