2021-2-23

Lawmakers Pass Bills to Collect Data on Pretrial Detention

By Josephine Walker, Capital News Service

RICHMOND, Va. -- The Virginia General Assembly passed legislation this week that lawmakers said will increase transparency and equity in the judicial system, which disproportionately impacts communities of color.

The bills, introduced by Sen. Louise Lucas, D-Portsmouth, and Del. Charniele Herring, D-Alexandria, will create a centralized, publicly-accessible data collection system on pretrial detention. Senate Bill 1391 and House Bill 2110 both passed Thursday.

Pretrial detention is the practice of holding a defendant in jail until trial. It is used, officials say, to guarantee the defendant appears in court and to ensure public safety. The compiled pretrial data would be distributed annually by the Virginia Criminal Sentencing Commission, or VCSC. 

The bills require the VCSC to compile and share data on the sex, age, race and zip code of an individual charged with a crime. The individual’s criminal background will also be included in the report without their name. No case identifying information could be accessed through the Virginia Freedom of Information Act, or made publicly available, per the bills.

Maisie Osteen, an attorney at the Legal Aid Justice Center, said the bills are a tremendous opportunity to understand release conditions like bond or pretrial services. She said they also illuminate trends in the racial, gender and economic demographics of people in jail. 

“This is the heart of transparency,” Osteen said. “It's opening up the actual raw data to the public in a downloadable, accessible format.” In Virginia, 46% of the total jail population is being held pretrial, according to the Legal Aid Justice Center.

Lucas and Herring drafted the bills at the Virginia State Crime Commission's recommendation. The lawmakers used data from the commission’s 2017 Pretrial Data Project, which sought to study the different types of release mechanisms involved in pretrial services, such as bond or pretrial holdings. Of the individuals included in the data, 40% were Black, though this group makes up 20% of the commonwealth’s total population. 

Cherise Fanno Burdeen, an executive partner at the Pretrial Justice Institute, said the commission’s new role was the first step in creating a more equitable Virginia. The institute provides information on current criminal justice issues and works to reform pretrial policies.

“The point of the bill is for advocates to take what they already knew was true about the way the system operates in terms of its disproportionate impact on communities of color,” Burdeen said. “And surely, its disproportionate impact on poor Virginians of all races.”

Being in jail before trial can drastically destabilize the accused and their families, according to a 2020 National Legal Aid & Defender Association (NLADA) study. The research found that as a result of pretrial detention people were more likely to lose connections to employment, housing and family. 

Osteen said most people are held pretrial because they can’t make bail and are more likely to have non salaried employment. She said they stand a greater chance of losing employment after a few days of being unable to report to work. This financial instability can then lead to a loss of housing or loss of children.

The NLADA study also found that those held in pretrial detention are more likely to be rearrested for new crimes, and more likely to have longer prison sentences. 

Osteen said that when a judge sees a defendant who “looks like a criminal” it can lead to harsher sentencing.

“I've heard judges say, honestly, ‘It's just easier to send somebody to prison if they show up in a prison or jail outfit, then I already know they've been plucked from their lives,’” Osteen said.

She said the judges are less likely to feel as if sentencing is the destabilization factor because it has already happened to the defendant.

Osteen said she is excited by the potential impact data collection will have on understanding the commonwealth’s justice system. She wishes the legislation included information about why judges decide to detain a defendant or not, a standard not currently required, Osteen said.

According to the VCSC, this legislation will cause a significant increase in the agency’s workload. The agency expects it will need additional funding to finance two new salaried positions.

Capital News Service is a program of Virginia Commonwealth University's Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

Virginia lawmakers advance Consumer Data Protection Act

By Hyung Jun Lee, Capital News Service

RICHMOND, Va. -- The General Assembly is advancing legislation that allows Virginia consumers more protection with their online data, though opponents say the measure does not include the ability for people to file private lawsuits against companies that breach the proposed law.

The measure is known as the Consumer Data Protection Act in both chambers of the state legislature. The Senate version, sponsored by Sen. David Marsden, D-Fairfax, passed the House 89-9 on Thursday. The House version, sponsored by Del. Cliff Hayes, D-Chesapeake, is awaiting a final vote but was passed by for the day Thursday.

“The consumers should have the right to know what is being collected about them,” Hayes said when introducing the bill.

The data protection act allows consumers to retrieve a copy of their online data, amend or delete this data and opt out of allowing large businesses to sell the data. 

Hayes wants businesses to responsibly handle consumer information. 

“The bottom line is, we want the controllers to know what their role is when it comes to the protection of individual’s data,” Hayes said during a House committee meeting. “We believe that no matter who you are as an organization, you need to be responsible when it comes to handling of data of consumers.”

The bills apply to businesses that control or process personal data of at least 100,000 consumers per year. It also impacts businesses that handle data of at least 25,000 consumers per year and make more than half of their gross revenue from selling personal data. The businesses must be located in Virginia or serve Virginians. 

Under the Consumer Data Protection Act, the attorney general’s office would handle the enforcement of this legislation. The office would handle anything from consumer complaints to the enforcement of fines. 

“The attorney general’s office will have the depth and breadth, experience, the investigative tools necessary to know and to follow trends of companies and to make sure that they bring the muscle of that office to the table,” Hayes said.

Microsoft’s Senior Director of Public Policy Ryan Harkins testified in favor of the proposed law. 

“We’ve seen dramatic changes in technology over the past couple of decades and U.S. law has failed to keep pace,” Harkins said. “It’s fallen behind much of the rest of the world and failed to address growing challenges of privacy.” 

Harkins said that Microsoft has advocated for data protection laws since 2005. He said that the public has lost trust in technology, and passing comprehensive data protection legislation can help win the public’s trust back.

Harkins said that the measure stands alongside leading data protection legislation such as California’s Consumer Privacy Act and aspects of the European Union’s General Data Protection Regulation.

“In some respects, it would go further and provide the most comprehensive and robust privacy laws in the United States,” Harkins said.

Attorney Mark Dix spoke in opposition of the bill on behalf of the Virginia Trial Lawyers Association. He said the measure would hurt Virginians because it is “going to close the courthouse doors.”

“It provides no cause of action whatsoever for the consumer, the person who is actually hurt,” Dix said. “It provides no remedy whatsoever for the consumer.”

Dix argued that having the attorney general’s office handle the enforcement of this legislation limits the consumer.Using a hypothetical scenario, Dix asked what would happen to Virginians if there was an administration change and the Attorney General did not prioritize data protection.

The Consumer Data Protection Act would take effect in January 2023. Marsden told a Senate subcommittee that allows time to “deal and field any other tweaks to the bill or difficulties that someone figures out.”

Capital News Service is a program of Virginia Commonwealth University's Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

REMEMBERING THE 500,000 AMERICANS LOST TO COVID-19

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
 
A PROCLAMATION

 As of this week during the dark winter of the COVID-19 pandemic, more than 500,000 Americans have now died from the virus. That is more Americans who have died in a single year of this pandemic than in World War I, World War II, and the Vietnam War combined.  On this solemn occasion, we reflect on their loss and on their loved ones left behind.  We, as a Nation, must remember them so we can begin to heal, to unite, and find purpose as one Nation to defeat this pandemic.

     In their memory, the First Lady and I will be joined by the Vice President and the Second Gentleman for a moment of silence at the White House this evening.  I ask all Americans to join us as we remember the more than 500,000 of our fellow Americans lost to COVID-19 and to observe a moment of silence at sunset.  I also hereby order, by the authority vested in me by the Constitution and laws of the United States, that the flag of the United States shall be flown at half-staff at the White House and on all public buildings and grounds, at all military posts and naval stations, and on all naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until sunset February 26, 2021.  I also direct that the flag shall be flown at half-staff for the same period at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations.

     IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of February, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.

JOSEPH R. BIDEN JR.

Subscribe to RSS - 2021-2-23