TheACLU of Virginia filed a petition on Monday hoping to free hundreds of inmates who thought they were going to be released from jail but are still behind bars.
The ACLU filedAnderson v. Clarke in the Albemarle County Circuit Court. The petition is challenging the continued incarceration of Antoine Anderson and demanding his immediate release from Virginia Department of Corrections (VDOC) custody.
Police arrested Anderson on federal drug charges in 2004. He picked up additional charges from events that happened while in jail.
Attorney Geri Greenspan said Anderson was supposed to be released from jail early thanks to earned sentence credits. In 2020, Virginia’s General Assembly partially restored incentives for good behavior in prison, as well as making many incarcerated Virginians eligible to earn increased sentence reductions, except for certain specific felonies.
Earned sentence credits are things like holding a job behind bars and taking courses for reentry after release. Greenspan said the program takes into account these things, as well as disciplinary infractions.
The law went into effect on July 1 with the General Assembly explicitly applying the law retroactively, meaning those currently incarcerated would have the benefit of increased earned sentence credits.
"He had done everything he needed to do as far as he was aware. He was ready to go home," Greenspan said.
However, in June, the General Assembly approved Governor Glenn Youngkin's amendment to the budget that made people ineligible for the increased sentence credits on any part of their sentence.
"He (Anderson) and his daughter are really close even though he has been in prison her whole life. He was looking forward to taking her to college this fall to start her freshman year. Having missed so many things in her life he really wanted to be there for this," Greenspan said.
The ACLU petition for a writ of habeas corpus asserts that VDOC officials wrongly interpreted the Governor’s Amendment 19 to the 2022 Budget Bill to apply retroactively, negating the sentence credits earned by Anderson prior to the budget going into effect.
"Of course, we hope to get a favorable decision from the court that results in Mr. Anderson's release," Greenspan said. "Beyond that, we hope this serves as an example for others in the same situation because we know there are hundreds if not thousands of them impacted by this to bring their own suits."
There's a similar case filed in Richmond for a different inmate. On August 9, attorney Elliott Harding of Harding Counsel, PLLC filed a petition in the Circuit Court for the City of Richmond making the same argument.
Greenspan said she hopes the Virginia Department of Corrections will realize the law is clear and the budget amendment is not retroactive.
"They should recalculate the sentences of people impacted," Greenspan said.
She also said she hopes VDOC sees that some inmates should still get out of jail earlier.
As for the next steps, Greenspan said the ACLU of Virginia needs the court to issue an order to the VDOC. After that, there would be a hearing and eventually, a ruling, from the court.