'95 Law Denies Early Release to Nearly All of State's Prisoners

Lawmakers and prison advocates say the Virginia Parole Board has virtually stopped granting parole to thousands of inmates convicted of crimes before the state halted the practice more than a decade ago.

Of the 4,500 Virginia prisoners eligible for parole in 2008, about 95 percent were denied early release, which is among the highest rejection rates in the country, according to experts. Many were convicted before 1995, when Virginia adopted a "truth in sentencing" policy that required felons to serve at least 85 percent of their sentences.

State officials say the reason for the small percentage is that most nonviolent criminals have been released in the past 14 years, leaving mainly rapists and murderers who might still pose a threat. In many cases, applications are rejected because of the "serious nature and circumstances of the crime."

The decision process has raised questions among state leaders who are extremely tough on crime, who say the parole board appears to be rubber-stamping applications rather than giving prisoners the thorough reviews required by law.

"There's not a more hard-on-crime person in the state legislature than me," said Del. David B. Albo (R-Fairfax). "My theory is that you give everybody a fair trial, and if they're found guilty, you crush them. But it's very important that they get a fair trial. . . . What's happening to these guys is not fair."

Helen F. Fahey, chairwoman of the five-member parole board, said each inmate gets a fair assessment. Though the board does not meet or hold hearings, each case is assigned a parole examiner, who conducts interviews, reads prison files and makes recommendations. In some cases, she said, no amount of good behavior in prison justifies releasing a dangerous criminal into society.

"The idea that we don't study every case is not true," Fahey said. "The main reason that every one of these people is still incarcerated is because of the violent crime they committed. Public safety has got to be the primary consideration when considering their release."

The parole board is appointed by the governor. Fahey, former U.S. attorney in Alexandria and chief prosecutor in Arlington County, was first appointed during Sen. Mark R. Warner's (D) tenure as governor. She was reappointed by his successor, Gov. Timothy M. Kaine (D). Gordon Hickey, a spokesman for Kaine, said the governor has "all the confidence in the world" in the parole board and its decisions.

Still, state lawmakers are seeking greater accountability. State Sen. J. Chapman "Chap" Petersen (D-Fairfax) plans to introduce legislation this month that would require the board to study cases more carefully and provide more detailed reasons for denial beyond the severity of the crime.

In all, about 8,500 Virginia inmates are either eligible or will be eligible for parole before the completion of their sentences, according to the parole board. While many have been in prison since before 1995, others were released but returned to prison after violating the terms of their early release or for committing another crime.

It is difficult to compare parole grant rates among states because of vastly different laws that govern the practice. However, several people who study criminal justice issues said a 95 percent rejection rate is probably one of the highest in the nation.

"As a former parole board chairman and a person who has worked in parole for over 30 years, I can tell you that a parole release rate of 5 percent frankly strikes me as absurd," said Mario A. Paparozzi, head of the department of sociology and criminal justice at the University of North Carolina at Pembroke. "With over 8,000 inmates locked up, it can't be that only five out of every 100 deserve to get out and 95 don't."