Bill > HB2555

This bill establishes a process for potentially reducing sentences for individuals convicted of certain marijuana-related felonies before July 1, 2021, who are still incarcerated or on community supervision as of July 1, 2025. Under the bill, circuit courts will automatically schedule hearings by January 1, 2026, to consider modifying these sentences. During these hearings, courts must consider that marijuana has been legalized and should reduce, vacate, or modify sentences unless the Commonwealth can demonstrate that such modification would not be in the public interest. Individuals eligible for sentence modification can request court-appointed counsel, and if they were originally found to be indigent, they are automatically entitled to legal representation. The court must make a decision within 30 days of the hearing and provide a written explanation if the sentence modification is denied. If a sentence is modified, the court clerk must notify relevant state agencies. Importantly, the provisions of this bill will automatically expire on July 1, 2028, creating a time-limited opportunity for sentence review. The bill aims to provide relief for individuals convicted of marijuana-related offenses during a time when such activities were considered criminal, but are now legal.

Budget and Finance, Justice

https://lis.virginia.gov/bill-details/20251/HB2555