Virginia legislation could release dangerous murderers and tie the hands of the parole board

In the wake of the November election, with the governor’s veto threat removed, the Virginia legislature is proceeding to pass California-style legislation that takes soft-on-crime to new levels. Hans Bader has this post with the above title at Liberty Unyielding.

In a nutshell, the bill would make the crime that a prison inmate committed irrelevant to the parole decision for those inmates who were under 18 at the time they committed major felonies.

Bader writes:

An inmate’s dangerousness is sometimes shown by “the nature of the offense,” such as when the inmate is a serial killer, who killed again and again after previously being released from incarceration. Consider Kenneth McDuff, the “broomstick killer.” At the age of 19, after being paroled, McDuff and an accomplice kidnapped three teenagers. He shot and killed two boys, then killed a girl after raping her and torturing her with burns and a broomstick. Later, after being paroled yet again, he murdered additional women — as many as 15 women in several different states.

To keep such killings from happening, a parole board needs to take into account “the nature of the offense” as one of many factors, in order to avoid releasing such dangerous inmates. But SB60 would keep parole boards from considering that as a factor in their decision in deciding not to release an inmate. The serious nature of the offense doesn’t always justify keeping an inmate in prison. If an inmate killed one person in a rage, he may reform while in prison, and some day deserve to be released based on good behavior. But a serial killer’s deep-seated compulsion to kill people can be a good reason to deny him parole, even if he lacks the “ability to change” that propensity.