Va. Supreme Court finds state improperly held inmate

The ruling Thursday in favor of Steven Patrick Prease, who argued state officials wrongfully denied him a sentence reduction, represents the first time the state’s highest court has weighed in on the issue. It paves the way for other prisoners to seek quicker releases, although it’s unclear how many could be impacted.

A second legal action by another inmate is still pending before the court and could be decided late this year. Both men are represented by the ACLU of Virginia.

Youngkin and Miyares took separate actions last year to curtail implementation of the 2020 law that would have reduced the sentences of more than 3,200 state prisoners by expanding credits for good behavior. They contend it could increase crime and that the legislature improperly gave relief to some violent felons.

In all, the moves delayed the early release of at least 550 inmates — but possibly many more — by months or years, according to numbers from the Virginia Department of Corrections. The actions angered families of prisoners and advocates for criminal justice reform who had pushed for the law. Many prisoners were notified just weeks before their anticipated release they would not be going home.

Vishal Agraharkar, a senior supervising attorney for the ACLU of Virginia, hailed the ruling.

“When … the legislature has promised [inmates] that they’ll get additional good time and earn an early release … to then pull that away from people and remove the hope they had gotten is not good for public safety,” Agraharkar said.

When asked about the ruling at an unrelated event in Petersburg on Thursday, Youngkin said he had not heard about it yet but said he had “deep respect for our Virginia Supreme Court.”

Miyares said in a statement he was disappointed with the court’s decision but would comply with it.

“The Democrats forced through this dangerous legislation in 2020,” Miyares said. “Now, violent felons like Mr. Prease — who tried to murder two police officers — will be released back on the streets before they’ve served their full sentences. I will work with the Governor and the leaders of the General Assembly to fix this problem that the radical left created before it gets any worse.”

Prease was convicted of two counts of attempted aggravated murder of a law enforcement officer, use of a firearm in commission of felony and assault and battery in 2013, after he shot at two police officers who were responding to a domestic assault call involving him in Botetourt County. No one was injured.

Prease, initially sentenced to 14 years, was scheduled to be released in July or August 2022 after earning credits under the new law.

But Miyares issued a legal opinion that found someone convicted of an attempted crime and other “inchoate offenses” like conspiracy or solicitation was not eligible for the expanded sentencing reduction. The Virginia Department of Corrections then found Prease would not be released until June 2024. The Department of Corrections did not respond to a request for comment on the case.

Prease petitioned the state’s Supreme Court in October, arguing he had been improperly denied his sentencing reduction. The Supreme Court agreed with his legal argument that Miyares had misinterpreted the law.

Separately, Youngkin signed a budget amendment last year that narrowed the eligibility for the expanded sentence reduction program. The second ACLU legal action on behalf of Antoine Anderson, convicted of two counts of assault on a corrections officer, attempted escape and abduction, is targeting the interpretation of that change. Anderson’s release was pushed back from July 2022 to April 2024. The Supreme Court will hear oral arguments in his case in September.

Gregory S. Schneider contributed to this report.