Press Release: New Report Highlights Shocking Statistics on Juvenile Life Without Parole in the United States - May 2024

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FOR IMMEDIATE RELEASE: May 7, 2024
Media Contact: Adam Kemerer | [email protected] | 412-728-2340
UNUSUAL & UNEQUAL: NEW REPORT HIGHLIGHTS SHOCKING STATISTICS ON JUVENILE LIFE WITHOUT PAROLE IN THE UNITED STATES
May 7, 2024 – The Campaign for the Fair Sentencing of Youth (CFSY) is proud to release Unusual & Unequal: The Unfinished Business of Ending Life Without Parole for Children in the United States, a new report revealing alarming statistics about the continued imposition of juvenile life without parole (JLWOP) in the United States. The report can be accessed on this page and downloaded at this link.

The imposition of juvenile life without parole is becoming increasingly unusual nationally, and it is applied in increasingly arbitrary and unequal ways. For over 12 years, hundreds of individuals serving JLWOP have not received a second look at their sentences despite the U.S. Supreme Court’s ruling in Miller v. Alabama mandating new sentencing considerations for youth. These individuals now make up two-thirds of the total JLWOP population, and as they await resentencing, racial disparities have worsened. Of all people sentenced to JLWOP since 2012, 77% are Black – up from 61% pre-Miller.

“The increasingly arbitrary imposition of JLWOP undermines the constitutionality of sentencing any child to life without parole and should compel states to categorically ban the sentence,” says Rebecca Turner, Associate Legal Director at the Campaign for the Fair Sentencing of Youth. As of today, JLWOP remains a sentencing option in 22 states.

As the United States is the only known country in the world that permits JLWOP as a sentencing option, the minority of states that allow this sentence are not just outliers nationally, but globally as well. “As long as life without parole remains a sentencing option for children in any part of this country, we are rejecting the idea of the U.S. serving as a beacon of hope and protector of the most vulnerable in our society,” says Xavier McElrath-Bey, Executive Director of the Campaign for the Fair Sentencing of Youth. “The fact that we continue to ignore the unique possibility of positive change in our children proven through studies of adolescent brain development and childhood trauma, especially when it comes to Black children, should cause us shame and compel us to reconsider our moral obligation to implement legal protections against cruel and unusual punishment for all children.”

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For more information, or if you would like to arrange an interview, please contact Adam Kemerer at [email protected] | 412-728-2340.

The Campaign for the Fair Sentencing of Youth is a nonprofit that leads efforts to ban life-without-parole and other extreme sentences for children, and supports those incarcerated as children who are released after serving long sentences.

Press Release: Xavier McElrath-Bey named executive director of the CFSY - October 2023

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XAVIER MCELRATH-BEY NAMED EXECUTIVE DIRECTOR OF THE CAMPAIGN FOR THE FAIR SENTENCING OF YOUTH

After going to prison at just 13 years of age, Xavier McElrath-Bey is now leading the fight to end extreme sentences for children 

October 20, 2023 – This week, Xavier McElrath-Bey began his tenure as sole Executive Director of the Campaign for the Fair Sentencing of Youth (CFSY) after serving three years as Co-Executive Director alongside CFSY co-founder Jody Kent Lavy.

Over almost a decade at CFSY, Xavier has established himself as a uniquely skilled and passionate leader in the movement to end extreme sentences for children. After going to prison at just 13 years of age, he began to envision a better life where he would be able to put his remorse into action – what he has referred to as his “eternal apology” to the victim in his case, Pedro Martinez, and his family. He prepared himself for life outside of prison by earning multiple college degrees, earning an induction into the Franklin Honor Society for outstanding scholarship. After his release at the age of 26, he earned a Master’s Degree from Roosevelt University and worked in violence prevention in his Chicago community, as well as in clinical research at Northwestern University examining the mental health needs and outcomes of current and formerly incarcerated youth. In 2016, he met Pedro’s family in a restorative justice healing circle. That day, they forgave him and forged a relationship that continues to this day. 

In his time at the CFSY, Xavier has played a key leadership role in every aspect of the organization’s work. In 2014, he co-founded the Incarcerated Children’s Advocacy Network (ICAN), a first-of-its-kind national network of formerly incarcerated adults who served extreme sentences as children looking to create positive change. ICAN now has over 250 members across the country, including members serving their communities by founding nonprofit organizations, starting businesses, and advocating for youth justice reform. Xavier has been a key figure in the CFSY’s legislative advocacy efforts to end life without parole for children, and his advocacy was critical in abolishing JLWOP in places like Arkansas, Nevada, Utah, and the Dakotas. He is a prolific speaker and has shared his story all over the country, from the White House to TEDtalks to inside correctional facilities. 

In addition to leading the CFSY, Xavier currently serves as a Safety and Justice Challenge (SJC) Advisory Council Member at MacArthur Foundation, an Advisory Council Member at Eighth Amendment Project, an Ambassador Alumni with Represent Justice, and an Advisory Council Member at Fair Chance Institute (FCI). He’s also served as a board member at the Community Justice for Youth Institute (CJYI) and as a member of the Chicago Police Accountability Task Force (PATF) working group on community & police relations. Outlets including the New York Times, People Magazine, Chicago Tribune, Teen Vogue, PBS NewsHour, The Guardian, The Marshall Project, and others have shared Xavier’s story and advocacy efforts, and in recent years, he received the Justice Roundtable Excellence Award, the JustLeadershipUSA Leading with Conviction Award, the Bright Promises Foundation Champion for Children Award, and the 2023 Juvenile Law Center Leadership Prize in recognition of his visionary leadership and groundbreaking advocacy efforts at the CFSY. 

“As someone who was once deemed as ‘incorrigible’ by a juvenile court judge and sentenced as if I were an adult, it is one of the greatest honors of my life to lead an organization demanding a ban on life without parole and other extreme sentences for children”, says Xavier of his elevation. “It’s been a joy to work alongside and learn from my dear friend and mentor, Jody Kent Lavy, who, along with our team, has championed our equity journey over the years and made this moment possible.”

Today, 33 states have either formally abolished juvenile life without the possibility of parole or have no one serving this sentence and in the last decade, 1,000 people who were once sentenced to die in prison as children have returned home to become leaders in their communities. The CFSY is committed to building on this success under Xavier’s leadership, ending extreme sentences for children and working to ensure that survivors of youth violence, those incarcerated as children who are still serving and have been released, and their respective families and communities can heal and thrive.

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For more information, or if you would like to arrange an interview, please contact Adam Kemerer at [email protected] | 412-728-2340

The Campaign for the Fair Sentencing of Youth is a nonprofit that leads efforts to ban life-without-parole and other extreme sentences for children, and supports those incarcerated as children who are released after serving long sentences to lead and thrive.

Press Release: 1,000 individuals who were sentenced to JLWOP are now free - June 2023

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FOR IMMEDIATE RELEASE: June 6, 2023
Media Contact: Adam Kemerer | [email protected] | 412-728-2340

1,000 individuals who were sentenced to JLWOP are now free!

June 6, 2023 – Today, we mark the incredible milestone that 1,000 individuals who were once sentenced to juvenile life without parole (JLWOP) have now been released from prison! Since 2016, the Campaign for the Fair Sentencing of Youth (CFSY) has collected individual-level data for every person in the United States convicted of life without parole for a crime committed under the age of 18. All of us at the CFSY have been fighting alongside family members, formerly incarcerated individuals, survivors of violence, lawyers, legislators, and advocates to reach this landmark for over a decade. The milestone comes after a series of Supreme Court decisions on the importance of youth in sentencing and a legislative shift away from extreme sentences for youth. These reforms provided legal relief to the 1,000 individuals formerly serving juvenile life without parole as well as countless others serving extreme sentences since childhood.

People sentenced to JLWOP have been released from prison through a variety of pathways since Montgomery v. Louisiana. This information is collected and updated using information from state partner organizations, state departments of corrections, and outreach from those serving these sentences and their families.
Upon release, individuals have been invited by the CFSY to join a network of people who were sentenced to juvenile life without parole and other extreme sentences as children called the Incarcerated Children’s Advocacy Network (ICAN). The accomplishments of ICAN members across the nation demonstrate that our communities are safer and stronger with these incredible people home. We have celebrated alongside formerly incarcerated people who have become violence intervention and prevention workers, youth mentors, credible messengers, substance abuse counselors, restorative justice practitioners, published authors, renowned artists, college graduates, proud parents, and even Pulitzer Prize winners. Among people formerly serving JLWOP, the recidivism rate is extremely low – estimated at just 1.14% in Pennsylvania.

“When news broke that 1,000 people sentenced to life without parole as children are now free, my mind instantly flashed back to a time not long ago when I sat in a 6×8 concrete box peering out a mesh and bar-covered window searching in the darkness for even a distant sign of hope. But all I saw was a sea of hopelessness and misery. My vision was far from faulty. Throughout the 80s, 90s and early 2000s, no life-sentenced child had reason to believe we’d ever be free,” said CFSY Co-Deputy Director Abd’Allah Lateef. “Decades later, as one of these fortunate 1,000, I’m elated to witness this milestone. But for those who remain caged behind bars and barbed wire fences, the CFSY continues the fight for their freedom as we truly believe, ‘none of us are free until all of us are free.’”

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For more information, or if you would like to arrange an interview, please contact Adam Kemerer at [email protected] | 412-728-2340.

The Campaign for the Fair Sentencing of Youth is a nonprofit that leads efforts to ban life-without-parole and other extreme sentences for children, and supports those incarcerated as children who are released after serving long sentences.

Press Release: Minnesota bans juvenile life without parole - May 2023

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MINNESOTA PASSES CRIMINAL JUSTICE OMNIBUS BILL, BANNING LIFE WITHOUT PAROLE FOR CHILDREN

Minnesota becomes the 28th state to ban juvenile life without parole

May 19, 2023 – Today, in a critical advancement for the state of Minnesota and for the national youth sentencing reform movement, an omnibus public safety bill (SF 2909) was signed by Governor Walz after passing through the Minnesota Senate and House of Representatives. Among other reforms, SF 2909 prohibits children from being sentenced to life without the possibility of parole and grants resentencing and release eligibility to people who were under the age of 18 at the time of their offense. Minnesota is the 28th state in the country (in addition to the District of Columbia) to abolish this barbaric practice. Ninety-seven people in Minnesota are serving sentences of 15 or more years for offenses committed as children, and in most cases will now be eligible for a sentencing review. 

In 2012, only three states in total had banned juvenile life without parole (JLWOP). In 2023 alone, three states have already ended the practice of sentencing children to die in prison. As Illinois, New Mexico, and now Minnesota join the growing majority of state legislatures turning away from extreme sentencing, thirty-four states now either ban JLWOP or have no one serving the sentence.    

 

Through the leadership of bill sponsors and supporters, particularly Rep. Sandra Feist and Sen. Ron Latz, Minnesota has declared that we must never give up on hope for any child. “We’ve seen an incredible uptick in state legislatures banning life without parole for kids, and until now, Minnesota has been out of step with that national trend toward youth sentencing reform,” says Preston Shipp, the CFSY’s Senior Policy Counsel. “Children must be held accountable for their actions, but because they are fundamentally different from adults in their ability to assess risk and consequences, and their unique capacity for change, they should be held accountable in age-appropriate ways with a focus on rehabilitation and reintegration into society.”

“Many people serving extreme sentences as children will now have a chance to show the world who they’ve become, “ says Xavier McElrath-Bey, Co-Executive Director of the CFSY. “No child in Minnesota’s legal system will ever have to live without hope.”

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For more information, or if you would like to arrange an interview, please contact Adam Kemerer at [email protected] | 412-728-2340.

The Campaign for the Fair Sentencing of Youth is a nonprofit that leads efforts to ban life-without-parole and other extreme sentences for children, and supports those incarcerated as children who are released after serving long sentences.

Press Release: New Mexico Abolishes Life Without Parole Sentences for Children - March 2023

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FOR IMMEDIATE RELEASE: March 22, 2023
Media Contact: Adam Kemerer | [email protected] | 412-728-2340

NEW MEXICO ABOLISHES LIFE WITHOUT PAROLE SENTENCES FOR CHILDREN

The bill will grant parole eligibility to those New Mexicans who were handed extreme sentences under the age of 18 

March 22, 2023, Washington, DC  –  Banning life-without-parole sentences for children in New Mexico last week, Governor Michelle Lujan Grisham signed the No Life Sentences for Juveniles Act (SB 64) on Friday, March 17, 2023. This law makes New Mexico the 27th state (plus Washington DC) to end the use of these sentences for people younger than 18.

This is the latest in a national trend to reject the practice of sentencing children to die in prison. In 2012, the U.S. Supreme Court established in Miller v. Alabama that sentencing a child to life without the possibility of parole is unconstitutional in all but the rarest of circumstances. At the time of that decision, only three states banned this practice. In the last decade, the number of states has increased ninefold.

This law will affect at least 75 individuals as it ensures that all individuals sent to prison for serious crimes committed when they were under 18 years old will be eligible for parole hearings 15 to 25 years into their sentences, depending on the conviction.

Before reaching the Governor, the legislation passed the state’s House of Representatives and received bipartisan support in the Senate. The final language of the bill was the result of negotiations with a number of stakeholders, including the New Mexico District Attorney’s Association. These negotiated amendments provided a pathway for this proposed reform to become law. “This bill is a result of a lot of compromises, a lot of conversations between victims, victim advocates, the ACLU, defense attorneys, and all sides of this. I believe that this compromise bill really reflects where the science is on the teenage brain and I would urge you to pass this,” testified the First Judicial District Attorney Mary Carmack-Altwies in her individual capacity at a committee hearing.

Successful negotiations also resulted in former opposition lending their support for the reform. Sen. Ron Griggs (R-Alamogordo) opposed the bill in 2022 but was one of the Republican Senators who voted for it this session. “Any of us standing here today, we’re all probably lucky that when we were kids, we didn’t do something that put us in a bad spot,” Griggs said.

Other supporters of this reform include longtime advocates from the NM Coalition for the Fair Sentencing of Youth, ACLU New Mexico, FAMM, Bold Futures New Mexico, Lutheran Advocacy Ministry-NM, Americans for Prosperity, Southwest Organizing Project, and Sister Helen Prejean.

Co-Sponsor and State Senator Antoinette Sedillo Lopez celebrated the bill becoming law, affirming that “incarcerated individuals who made horrible mistakes as children are deserving of hope and the possibility of redemption.” Denali Wilson, a staff attorney at the ACLU-NM and the lead advocate for the bill added, “we are overjoyed that New Mexico has made this important choice to believe in redemption. So many of the people impacted by this bill have already been in prison for decades, many for longer than I have been alive. For them, today marks the first day of hope.”

The ACLU and CFSY are partnering to ensure those impacted by the law will have legal representation for their parole hearings. “We have partnered with advocates in New Mexico for many years, seeking the meaningful reform that Gov. Lujan Grisham signed into law last week,” says Xavier McElrath-Bey, co-executive director of the Campaign for the Fair Sentencing of Youth. “Many people serving extreme sentences as children will now have a chance to show the parole board and, hopefully, the world who they’ve become. We have had the great honor of witnessing many of the 950 former life-sentenced children become mentors and change-makers in their communities and do other positive things to live out their eternal apology for the harm they once caused. To them, a second chance doesn’t mean freedom from responsibility; it means finally being able to contribute to the much-needed healing in their communities.”

 

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For more information, or if you would like to arrange an interview, please contact Adam Kemerer at [email protected] | 412-728-2340

The Campaign for the Fair Sentencing of Youth is a nonprofit that leads efforts to ban life-without-parole and other extreme sentences for children, and supports those incarcerated as children who are released after serving long sentences to lead and thrive.

Press Release: Illinois Abolishes Life Without Parole Sentences For Children - February 2023

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MEDIA ALERT
Contact: Alissa Rivera
(312) 809-6992, Extension 103
[email protected]

ILLINOIS ABOLISHES LIFE WITHOUT PAROLE SENTENCES FOR CHILDREN; LEGISLATORS INTRODUCE BILL TO MAKE YOUTHFUL PAROLE RETROACTIVE

February 13, 2023 – Springfield, IL

Governor JB Pritzker signed Public Act 102-1128 (House Bill 1064) into law on Friday, February 10, abolishing life without the possibility of parole sentences for children in Illinois. This makes Illinois the 26th state (plus Washington D.C.) to end the use of these sentences for people younger than 18. Illinois’ law also makes our state a leader in sentencing reform by recognizing young people’s brain development and ensuring most people 18-20 are parole-eligible. Governor Pritzker signed the measure the same week legislators introduced a bill to make youthful parole retroactive.

“This has to be my proudest professional moment. Being a former ‘juvenile lifer’ and being part of an amazing team that pushed this legislation, it is so rewarding to know that legislators understand children can change and become productive members of society,” Restore Justice Program Director Wendell Robinson said.

Public Act 102-1128 builds on the 2019 Youthful Parole Law, which created the first new parole opportunities in Illinois since our state abolished parole in 1978. The most recent law extends parole review to young people sentenced to natural life in prison; this ensures no children 17 and younger can receive a life without parole sentence.

“Today, I am proud to be an Illinoisan. In Illinois, we care about our children. Recognizing that young people can grow and change recognizes their humanity; it is an act of mercy and kindness. Thank you Governor Pritzker and the Illinois legislators on both sides of the aisle that supported it,” said Julie Anderson, Restore Justice’s Outreach Director. Anderson’s son originally received a life without parole sentence for a youthful conviction.

Public Act 102-1128 passed with bipartisan support. In the House, Representatives Rita Mayfield (D-Waukegan) and Seth Lewis (R-Bartlett) sponsored the measure. “Even when a crime is particularly severe, it should be recognized that a legal minor with their whole life still ahead has the potential to be reformed,” Representative Mayfield said. “That’s why granting eligibility for a parole hearing after 40 years for those who are sentenced to life imprisonment before the age of 21 is the right thing to do. I recognize that victims and their families may have concerns, and I don’t blame them. However, in a nation like ours, prison should be a place where people have the opportunity to transform themselves and become better people and productive members of society. I believe that giving everyone a chance at redemption is a moral duty.”

Senate President Don Harmon (D-Oak Park) moved the measure through his chamber and also sponsored the 2019 Youthful Parole Law. “It’s a sliver of hope for an otherwise condemned person under 21 who maybe, just maybe, might redeem themself decades down the road and warrant consideration for a second chance at society,” President Harmon said after the bill passed through the Senate.

On the Senate floor, Senator Donald DeWitte (R-St. Charles) spoke forcefully in favor of redemption. “I consider myself a law-and-order Republican, but I also believe in rehabilitation. I believe there are some people who make extremely poor decisions in the very early portions of their lives who deserve consideration once they have met benchmarks and shown they are prepared to become contributing citizens after they have served their debt to society. For these people, we need to offer them hope and let them know we recognize that people can redeem themselves,” Senator DeWitte said.

“This new law builds on the national momentum to ensure no children or young adults are sentenced to die in prison without the opportunity to return home. Everyone deserves the opportunity for grace and redemption. No child should spend their life in prison,” Restore Justice Policy Director Rev. Lindsey Hammond said.

Also last week, now-Senator Seth Lewis introduced Senate Bill 2073. This bill would make the 2019 and 2023 youthful parole laws retroactive. If signed into law, SB 2073 would allow 523 people who are currently incarcerated the opportunity to immediately seek parole consideration. In total, 3,253 people (including the above 523) currently incarcerated people would be eligible for parole consideration at some future point in time.

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Restore Justice, which comprises Restore Justice Foundation and Restore Justice Illinois, works to address issues faced by those serving life or de-facto life sentences, their families, and their communities. Founded in 2015 by a dedicated group of advocates that included the late former Congressman, Federal Judge, and White House Counsel Abner Mikva, Restore Justice trains and supports advocates, conducts research, nurtures partnerships, and develops policy solutions that will roll back ineffective, punishment-based policies of the past, replacing them with compassionate, smart, and safe policies for the future.

Campaign for the Fair Sentencing of Youth (CFSY) is a national nonprofit that leads efforts to ban life without parole and other extreme sentences for children. The CFSY is an equity-driven organization that explicitly works to dismantle the racial disparities, social injustices, and residual harms caused by the legal system. Through partnerships with advocacy organizations, businesses, and other stakeholders, the CFSY supports survivors of youth violence, those incarcerated as children who are still serving or have been released, and their respective families and communities.

Press Release: Henry Montgomery has been granted parole - November 2021

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FOR IMMEDIATE RELEASE: November 17, 2021
Media Contact: Adam Kemerer | [email protected] | 412-728-2340

Henry Montgomery has been granted parole

Henry Montgomery, the petitioner in the 2016 landmark U.S. Supreme Court decision Montgomery v. Louisiana, was finally granted parole today more than five years after the Court ruled in his favor. 

Mr. Montgomery is 75 years old and has been in prison for over 57 years. He was convicted of a homicide in 1963 in East Baton Rouge Parish when he was just 17 years old.

“The decision to grant Mr. Montgomery parole today is long overdue,” says Jody Kent Lavy, co-executive director of the Campaign for the Fair Sentencing of Youth. “It’s a grave injustice that he has served over 57 years in prison for a crime he committed as a teenager, despite evidence he was rehabilitated long ago. We are the only country in the world that condemns children — disproportionately children of color — to die in prison, and we must recognize that this fight is not over.”

Since Montgomery v. Louisiana was decided, more than 800 people who were once sentenced to life without parole as children have been released from prison. Today, 31 states and the District of Columbia either ban life without parole for children or have no one serving the sentence.

If you have additional questions, please reach out to Adam Kemerer at [email protected]

How You Can Help During the COVID-19 Crisis

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How You Can Help During the COVID-19 Crisis

Regardless of background, resources or personal identity, we are all living through a time of great uncertainty and anxiety. In some ways, this pandemic has been called an equalizer — a shared experience with a common goal to come out stronger and healthier than ever. And yet, this crisis disproportionately impacts communities of color, low-income and poor people, and those without the protective factors of stable housing, employment, and established networks. People in prison and those who are home but have enduring criminal records are facing challenges to a degree and scale few of us can imagine.

Like us at the CFSY,  you are probably seeking opportunities to be and feel helpful, to give to those who have less, and to mitigate the economic impact of this crisis in your own communities. For more than a year the CFSY has focused efforts through our Community Prosperity Initiative to form diverse partnerships with the business community to support members of our Incarcerated Children’s Advocacy Network (ICAN). Now more than ever our ICAN members and others being released from prison across the country need our support, compassion, and most importantly, resources. 

Every day we’re hearing stories of ICAN members being laid off, having to make impossible decisions to pay rent or buy food, and struggling with the retraumatization of social isolation and constrained physical movement. After being thrown away by the criminal legal system as children, and spending decades in prison, this may in fact be the most challenging of times for ICAN members. And for those still serving extreme sentences, prisons have become a ticking time bomb due to overcrowded and unresourced conditions. 

Please join our partners including Lyft, Starbucks, Verizon, and Google in providing concrete and immediate resources to some of the most vulnerable members of society during this crisis. 

 

Most Urgent Needs:

  • Free or discounted mental health counseling
  • Gift cards to grocery stores and online food/supply sites
  • Equipment (phones, laptops, tablets, iPads) for virtual connection, online shopping and job searching 
  • Subsidized or discounted phone and internet plans
  • Interest-free short-term loans to individuals
  • Contributions to commissary accounts so those still in prison can purchase soap, hand sanitizer, and food

 

For more information, and to support our ICAN members during this critical time, please email Anna Melbin at [email protected].

 

And please, however you choose to help and get involved, keep top of mind those who are most marginalized and therefore disproportionately impacted during and after this pandemic. Help ensure equitable responses by prioritizing people of color, and others who have been systematically barred from the social and economic resources needed to weather this storm. 

 

From all of us at the CFSY to you, your families and communities, we wish you health and safety. And we thank you for your support. 

 

Press Release: Virginia bans life without parole for children - February 2020

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FOR IMMEDIATE RELEASE: February 24th, 2020
Media Contact: Karmah Elmusa | [email protected] | 202-289-4677 ext. 113

VIRGINIA GOVERNOR SIGNS HB35 INTO LAW, GIVING PAROLE
ELIGIBILITY TO CHILDREN AFTER 20 YEARS IN PRISON
The Commonwealth joins 22 other states and DC in banning life without parole for
people under 18 and complying with Supreme Court rulings on youth sentencing

February 24th, 2020, Washington, DC –– Today, in a critical advancement for the
Commonwealth, Governor Ralph Northam signed HB35 into law, which passed handily through
both legislative chambers last week. HB35 grants parole eligibility after 20 years of incarceration
to all people in Virginia who were under the age of 18 at the time of their offense. It therefore
automatically bans sentencing children to life without the possibility of parole, making Virginia
the 23rd state in the country (in addition to the District of Columbia) to abolish this barbaric
practice.

“Those of us who have loved ones serving life sentences they were given as children in Virginia
have been working on this for years,” says Jana White, of the Virginia Coalition for the Fair
Sentencing of Youth. “There have been major obstacles and setbacks along the way, but we
never gave up and this bill signing marks the beginning of a more just era for the children of this
state. Our family members are filled with newfound hope today, which is something they haven’t
experienced in a long time.”

The bill — which was sponsored by Delegate Joe Lindsey — will impact over 700 currently
incarcerated individuals who were sentenced as children in adult court in Virginia by offering
them review, marking a major shift in the way the Commonwealth has dealt with its sizable
population of youth sentenced to extreme terms. Until now, it has been an outlier in its blatant
noncompliance with multiple Supreme Court rulings that have made it unconstitutional to
sentence a child to life without parole in almost all cases.

“We’ve seen an incredible uptick in state legislatures banning life without parole for kids, and
until now, Virginia has been woefully out of step with that national trend toward youth sentencing
reform, even when compared to states like Arkansas and West Virginia” says Jody Kent Lavy,
executive director of the Campaign for the Fair Sentencing of Youth. “Children must be held
accountable for their actions, and because they are fundamentally different from adults in their
ability to assess risk and consequences, and their unique capacity for change, they should be
held accountable in age-appropriate ways with a focus on rehabilitation and reintegration into
society.”

“This is the eighth year that I have addressed this issue in the legislature. While there are many
individuals who remain dangerous, there are many more who have made strong efforts to turn
their lives around while incarcerated and are worth the Parole Board taking a look at whether
they can be restored to society,” says Senator Dave Marsden, who sponsored an identical bill in
the Senate. “We are a nation of second chances and those who are incarcerated for long
periods of time when they are juveniles are especially deserving of that look. This law in Virginia
is consistent with the Graham , Miller , and Montgomery rulings at the U.S. Supreme Court and I
am grateful that my colleagues in the legislature have now supported this effort at providing
individuals with a measure of justice that has been recognized in so many other states.”

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For more information, or if you would like to speak with Jody Kent Lavy or someone directly
impacted by the law, please contact Karmah Elmusa at [email protected] |
202-289-4677 ext. 113.

The Campaign for the Fair Sentencing of Youth is a nonprofit that leads efforts to ban
life-without-parole and other extreme sentences for children, and supports those incarcerated as
children who are released after serving long sentences.