THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, October 1, 1994 TAG: 9410010285
SECTION: FRONT PAGE: A01 EDITION: FINAL
SOURCE: BY LAURA LAFAY AND LAURENCE HAMMACK
DATELINE: RICHMOND LENGTH: Long : 163 lines
Parole may be dead, but the question of how Virginia will pay for its new crime bill lives on.
The General Assembly on Friday passed legislation to end parole and reform sentencing. But it didn't appropriate the money that Gov. George F. Allen says he needs to implement it.
The plan could cost taxpayers up to $2.2 billion over the next 10 years, according to a legislative study. During a special session that began last week, Allen had asked lawmakers to approve $367 million in public authority bonds just to get started. But by the end of the session Friday, he had only $56.5 million and assurances that the General Assembly will think about the rest of the money later.
The question of funding could set the stage for a major fight when legislators return to Richmond in January.
Republicans say their colleagues have a mandate to fund the new crime bill now that they have approved it, and that means giving Allen the non-voter-approved bonds he wants.
``We have a commitment from both sides of the aisle to fund it,'' said Sen. Kenneth Stolle, R-Virginia Beach. ``If they don't do that, this would be a charade.''
But some Democrats insist voters should have the final say on a bond issue that lists the specific site and cost of each new prison.
House Majority Leader Richard Cranwell, D-Roanoke County, has openly questioned how the plan would be funded since Allen unveiled it.
``The sentiment in the House is, if we do any debt at all, it should be by voter approval,'' he said.
Allen, who based his campaign last year on a promise to abolish parole and cut crime, says he is confident that funding for the plan will survive next year's political maelstrom. He called Friday ``a great day for Virginia.''
``What is significant about this is that, by the actions of the General Assembly, Virginia has restored truth, honesty and accountability to our criminal justice system,'' he said.
Under the new bill, parole will be abolished for all those convictedof felonies committed after Jan. 1. Prisoners will serve at least 85 percent of their sentences, and violent and repeat offenders will serve sentences up to five times longer than they do now.
``Ten years from now, there are going to be hundreds of people walking the streets in Virginia who would otherwise be dead if we hadn't passed this legislation,'' Stolle said.
House Speaker Thomas Moss, D-Norfolk, characterized the new bill as a ``bipartisan effort,'' and Democrats congratulated themselves about how well they had worked with Republicans to improve the original Allen version of the bill. But some Republicans maintained that the victory was mostly theirs.
``Yes, it was a bipartisan effort,'' said Del. Frank Hargrove, R-Glen Allen. ``But make no mistake about it - the opposition was solidly Democratic.''
Except for Del. Jay DeBoer, D-Petersburg, the only opponents of the Allen bill were African-American Democrats. The House voted 89-7, while the Senate tally was 34-4. The bill's opponents had complained that it is punitive, racist and does nothing to address the root causes of crime with money for prevention and treatment.
Asked Friday whether he has any future plan for preventive programs, Allen said: ``We'll see.''
``We have heard for decades that (crime) is society's fault,'' he said. ``But in Virginia, we're not going to listen anymore to those excuses and blaming someone else. If you commit a violent offense, you're going to be held accountable for it.'' [The following side bar appeared with this article.] WHAT THE BILL DOES
Highlights of the General Assembly's bill to end parole and reform sentencing include:
Parole will be abolished for everyone convicted of felonies committed after Jan. 1, 1995.
A sentencing commission - composed of the state attorney general, six judges and nine people appointed by the legislature, the governor and the state Supreme Court - will develop a system of sentencing guidelines for judges. The guidelines, based on sentencing data from the past five years in Virginia, will consist of sentence ranges and a midpoint for all felonies. Judges will not be forced to follow the guidelines. But they must file a report explaining their reasons for going above or below the recommended range.
Because the guidelines will be based on the average time actually served, and not on the sentences handed down under the old parole system, most sentences under the new system will be shorter.
Inmates will serve at least 85 percent of their sentences. Under the old system, they served only 30 percent.
Violent and repeat offenders will face up to five times the midpoint sentence defined by the guidelines.
Convictions for first- and second-degree murder, rape, forcible sodomy and aggravated sexual battery will carry sentences of 125 percent more than the midpoint sentence. If someone convicted of those offenses has a prior violent offense punishable by less than 40 years, the sentence will be upped 300 percent. If an offender has a prior violent offense punishable by more than 40 years, the sentence will increase 500 percent.
Convictions for robbery, aggravated malicious wounding, malicious wounding, voluntary manslaughter and burglary will carry sentences of 100 percent more than the midpoint. For an offender with a prior violent offense punishable by less than 40 years, the sentence will go up 300 percent. For an offender with a prior violent offense punishable by more than 40 years, the sentence will increase 500 percent.
Convicted drug dealers with prior violent felony convictions punishable by less than 40 years will serve 200 percent more time than the midpoint. And those with more serious prior violent felonies will serve 400 percent more time.
For all other felonies, the midpoint will be increased by 100 percent for offenders with a prior violent conviction punishable by less than 40 years, and 300 percent for those convicted of a violent offense that carries more than 40 years.
The commission will develop a risk-assessment program to screen nonviolent offenders and determine whether they are eligible for alternatives to incarceration. Among suggested alternatives: work camps, house arrest, electronic surveillance and community service.
Under the new system, up to 50 percent of nonviolent offenders will be diverted to alternative programs - with the intention of saving both money for new prisons and bed space in existing prisons for violent offenders.
Parole will still exist for two groups of prisoners. Those imprisoned for crimes that happened before the new law goes into effect next year will remain eligible. The new law also contains a geriatric clause. Under that clause, inmates who turn 65 after serving at least five years of their sentences - or those who turn 60 after serving at least 10 years of their sentences - will also be eligible for parole. MEMO: LaFay is a staff writer for The Virginian-Pilot. Hammack is a staff
writer for The Roanoke Times & World-News.
ILLUSTRATION: PLAN HIGHLIGHTS
Parole will be abolished for everyone convicted of felonies
committed after Jan. 1, 1995.
A sentencing commission will develop a system of sentencing
guidelines for judges based on average time actually served.
Inmates will serve at least 85 percent of their sentences.
Violent and repeat offenders will face up to five times the midpoint
sentence defined by the guidelines.
Non-violent offenders will be screened for possible alternatives to
incarceration.
Details, A6
KEYWORDS: GENERAL ASSEMBLY PAROLE
SENTENCING CRIME BILL
by CNB