New legislation filed in Virginia would make it more difficult for inmates convicted of violent crimes like murder and sexual assault to qualify for geriatric conditional release, a move supported by survivors who say the current system retraumatizes victims.
House Bill 1326 was filed last week by Delegate Anne Ferrell Tata from Virginia Beach.
For months WTKR has been reporting on the current geriatric parole system affects crime survivors.
Under current Virginia law, inmates become eligible for annual consideration for geriatric conditional release at age 65 after serving five years, or at age 60 after serving 10 years. The parole board can also issue three-year deferments.
Ashley Waite, a survivor of sexual assault, learned her attacker James Williams became eligible for geriatric release in 2021 when he turned 60 after serving more than 10 years. Williams is on the sex offender registry for sexually assaulting Waite and a minor.
"I assumed a life sentence meant a life sentence and I was incorrect," Waite said.
Waite was attacked in November 2008 while walking home in Old Town Alexandria around 2 a.m. after being abandoned by a cab driver. She said a masked man put her in a choke-hold and dragged her to a parking lot where he sexually assaulted her.
"Once you're done with the case, and the police, and the attorneys. And you put him in jail, you think, okay, it's done. No, it's not," Waite said. "I am the only survivor that speaks out, as far as I know so I feel that it is my duty to keep this man in jail so it's a constant in my head," Waite said.
Marie Jones faced similar anger and outrage when she learned James King, the man who brutally murdered her sister in 2020 and another woman in the 1980s, became eligible for geriatric conditional release just months after receiving two life sentences due to his age and time already served.
King brutally sexually assaulted Lexie Walters before murdering her and now Jones is on a mission to change the law in Virginia.
"It's opening up that wound every single time and nobody going forward that has to endure the trauma alone of such a vicious crime. Just have those wounds opened every year or every three years -- nobody should have to go through that," Jones said.
Tata said her legislation would make it tougher for murders, rapists and other more violent crimes to get hearings for the potential for parole.
"I'm all about second chances. I really believe people should get a second chance, but I do believe that there should be carve-outs for these violent crimes, rape and murder and hurting children," Tata said. "These senior citizens need to stay behind bars if they've committed these heinous crimes."
Not everyone supports the proposed changes. Shawn Weneta, legislative liaison for the Humanization Project, believes all inmates should have the opportunity to make their case and it should be up to the parole board to make the determination.
"I believe that people should have the opportunity to plead their case. Regardless of what they may have done, and the parole board certainly has the discretion to say that's not good enough, and we don't believe you should go home," Weneta said.
For Waite and other victims, changing the law is necessary.
"Something has to give when you have multiple life sentences, or you have murdered someone, you're a serial rapist. There is no reason for you to get geriatric parole," Waite said.
