Bill > SB62

This bill establishes a process for individuals convicted of certain felony marijuana offenses prior to July 1, 2021, to have their sentences reviewed and potentially modified if they are still incarcerated or under active supervision on July 1, 2026. The bill creates a new section in the Code of Virginia, § 19.2-303.03, which mandates that circuit courts schedule hearings by specific dates in 2027 to consider sentence modifications for eligible individuals. During these hearings, courts must consider the legalization of marijuana and reduce, vacate, or otherwise modify sentences unless the Commonwealth can prove it's not in the public interest, with modifications not exceeding the original sentence. The bill also outlines procedures for individuals to request legal assistance if they are indigent and requires courts to provide written explanations if a sentence modification is denied. Furthermore, relevant state agencies are tasked with identifying eligible individuals and notifying them of the process, and the bill includes provisions for the timely distribution of modification orders. Importantly, the entire set of provisions will expire on July 1, 2029.

Budget and Finance, Justice

https://lis.virginia.gov/bill-details/20261/SB62