Smart Justice: Why Virginia Must Defend Earned Sentence Credits

By: Keith Wallington

Governor Glenn Youngkin’s latest proposal to slash Virginia’s earned sentence credit program is a step backward — one that will cost taxpayers millions, reduce safety in Virginia’s prisons, and extinguish hope for those working to rebuild their lives. His plan to cut earned credits from 15 to just 4.5 days per 30 days served undermines a proven policy that promotes rehabilitation, incentivizes good behavior, and reduces unnecessary incarceration.

A Brief History of Earned Sentence Credits in Virginia

This debate is not new. In 1995, Virginia abolished parole, leaving earned sentence credits as one of the only mechanisms for early release. Without them, incarcerated individuals — regardless of rehabilitation efforts — are locked into lengthy sentences with little incentive for personal growth. Research from the Justice Policy Institute’s 2022 report, “The Need for a Second Look in Virginia,” underscores the dangers of excessive sentencing and the need for second-look policies.

Virginia’s reliance on long sentences has led to an aging prison population, racial disparities, and skyrocketing costs, all without clear public safety benefits. Our report highlights that the state ranks 9th in total prison population and 13th in incarceration rate, with Black Virginians making up 55% of those incarcerated despite being only 19% of the population. Harsh sentencing policies, including the abolition of parole in 1995, have resulted in thousands of individuals serving excessive sentences, often well beyond what is necessary to ensure accountability. One in seven people in Virginia’s prisons is serving a life or virtual life sentence, and as a result, the state’s prison population is aging rapidly — 14% are now 55 or older. This approach to incarceration is not only unjust but unsustainable, costing taxpayers billions while failing to enhance public safety. Expanding earned sentence credits is one of the few tools to counterbalance these extreme sentencing policies, offering a pathway to return to their communities.

Public Safety and Rehabilitation Go Hand in Hand

Opponents of earned sentence credits, including Attorney General Jason Miyares, claim they threaten public safety. The data proves otherwise. Studies show that people serving long sentences, particularly those over 50, have among the lowest recidivism rates. Virginia’s own Department of Corrections data shows that the state’s overall recidivism rate is among the lowest in the nation at 19%. Yet, the system continues to hold individuals well beyond what is necessary for public safety.

Moreover, earned sentence credits improve safety inside prisons. A 2021 analysis of Virginia’s correctional facilities found that incarcerated individuals with access to sentence reductions through good behavior and program participation had fewer disciplinary infractions. Incentivizing positive behavior makes prisons more manageable and prepares individuals for a successful return to their community.

The Cost of Over-Incarceration

Virginia’s prison system is one of the most expensive in the country, with taxpayers spending over $1 billion annually. Long-term incarceration disproportionately impacts aging populations, who require extensive (and costly) medical care. According to the Justice Policy Institute, it costs almost triple the cost of younger individuals to incarcerate someone over 50. Despite this, Virginia continues to incarcerate hundreds of people who have served decades behind bars and no longer pose a public safety risk.

Earned sentence credits provide a smart fiscal solution. By allowing people who have demonstrated rehabilitation to earn modest reductions in their sentences, Virginia can save millions of dollars annually while reinvesting in programs that reduce crime — such as mental health services, education, and reentry support. This is not just about justice, but also about responsible fiscal management.

Hope is a Public Safety Strategy

Hope is a powerful motivator for individuals behind bars. Earned sentence credits give incarcerated people a tangible reason to engage in educational programs, vocational training, and rehabilitation efforts. Take Jeffrey Joyner’s story: After serving time, he was released under the program last summer, found work, and is mentoring his nephews. His transformation is not an anomaly; it’s a testament to the inspiring power of hope in driving positive change.

Youngkin’s proposed rollback would strip this incentive from thousands of incarcerated individuals, replacing hope with despair. Virginia risks worsening prison conditions, increasing recidivism, and ignoring the overwhelming evidence that second chances work if they fail to develop meaningful pathways to release

Decarceration is a Public Safety Strategy

Governor Youngkin’s proposal to roll back earned sentence credits ignores a fundamental truth: the safest communities are not those with the highest incarceration rates, but those with the strongest networks of support, opportunity, and stability. Decarceration is not about letting people off the hook — it’s about recognizing that keeping people in prison long past the point of rehabilitation does nothing to improve public safety. In fact, the opposite is true.

When people return home after long prison sentences, many become leaders who help keep communities safe. They step into roles as mentors, violence interrupters, business owners, taxpayers, parents, and partners. They know firsthand what drives violence and instability and are often best positioned to interrupt those cycles. Washington, D.C.’s Incarceration Reduction Amendment Act (IRAA) has shown this in practice: dozens of individuals released under the law are now working in reentry programs, violence prevention initiatives, and community organizations that provide alternatives to incarceration for young people. The same can be seen in Maryland, where individuals released after decades behind bars through the Unger v. Maryland decision have some of the lowest recidivism rates in the country — less than 3% — and many now serve as mentors helping others avoid the mistakes of their youth.

Earned sentence credits help facilitate this process by ensuring that people who have demonstrated their commitment to rehabilitation have a meaningful opportunity to return home and contribute to their communities. Stripping that opportunity away harms not only those who remain incarcerated but also weakens the communities they would otherwise help strengthen. If Governor Youngkin is serious about public safety, he should invest in strategies that work, not double down on policies that have already failed.

A Smarter Path Forward

The bottom line is simple: earned sentence credits work. They promote safety inside prisons by incentivizing good behavior, saving taxpayers money, and offering a path forward for those committed to change. Governor Youngkin’s reversal ignores both evidence and common sense. Virginia’s lawmakers must stand firm against his attempt to undermine this policy and ensure that justice remains about more than just punishment — it must also be about redemption.

By upholding and expanding earned sentence credits, Virginia can take a step toward a more just, cost-effective, and rehabilitative system that recognizes that people are more than their worst mistakes and that public safety is best served by policies rooted in fairness and data, not political fearmongering.

Keith Wallington is the Director of Advocacy at the Justice Policy Institute