When Travis Payne was 16, he was tried as an adult for robbery in Stafford County. Despite the fact that his actions didn’t result in anyone being physically harmed or touched, he was sentenced to 50 years. Payne ultimately served 20 years of his sentence and has 30 years of suspended time.
“I didn’t have an opportunity to have a shot at parole back then,” Payne said.
But, thanks to a state law that takes effect on July 1, other teens who find themselves in a similar position might.
The Virginia Parole Board Bill, establishes changes to the commonwealth’s procedures intended to improve the chances for individuals who committed offenses as juveniles to receive parole.
A section of the bill, also known as Virginia Senate Bill 60, requires that the board provide a “meaningful opportunity for release” to eligible juvenile offenders. The bill also stipulates that substantial weight must be given to the offender’s age and related mitigating factors.
Payne, who currently serves as a volunteer for the Fredericksburg-based nonprofit Failsafe-ERA, approves of the new process for juvenile parole and sees it as an opportunity for those in the system to show growth and earn an opportunity for early release. Failsafe is dedicated to restorative justice and providing transformative support to individuals and families affected by incarceration.
“I think that the new law would be very helpful,” he said. “Taking their age into consideration and any growth shown while they are incarcerated, gives them a chance to see that changing their behavior can be rewarded just as it can be punished.”
According to Failsafe President and CEO Juanita Shanks, the bill emphasizes considerations for youth, rehabilitation, maturity and requires clearer explanations for parole decisions.
“From a reentry and restorative justice perspective, this (bill) could be a step in a positive direction,” Shanks said. “Policies that recognize growth, rehabilitation, and the developmental differences of youth align with evidence-based practices and give individuals a meaningful opportunity for second chances.”
Payne argued that one of the issues with parole previously is that expectations were not made clear. He said that having goals and plans set for each offender that covers aspects unique to their situation such as mental health, abuse, and substance use disorders, can give potential parolees something to focus on as opposed to the “stay out of trouble and we will see you in a year” mindset.
While there are no official figures of how many people will be affected by the bill, the Campaign for the Fair Sentencing of Youth estimates that hundreds of Virginians are currently incarcerated for offenses they committed under the age of 18. The bill could also affect returning citizens eligible for parole reconsideration and the families of those individuals.
“Given that 98% of incarcerated individuals eventually return to communities, reforms that improve parole processes can have ripple effects across families and neighborhoods,” Shanks said. “In our region, this could translate to dozens of individuals directly impacted over time, hundreds of family members indirectly affected and broader community benefits through successful reintegration.”
Even if the population is relatively small, said Shanks, the impact per person and family is significant.
For his part, Payne emphasized the individualized portion, which he said is important because it explains in detail where the convicted person messed up. That gives the potential parolee accountability, instead of leaving them to believe that “it’s the system’s fault,” and allows them to see how their own decisions impacted their results.
“My personal beliefs are that education and learning a trade or GED (something usable upon release) should be mandatory when being considered for parole,” he said. “There should be stable housing available and mental health care. Being incarcerated as a child really affects us more than we know at the time. It usually hits us years after release and by then it’s often too late.”
Another aspect of the new roadmap that Payne noted was the 30-day limit on release once parole was granted. Once the board has granted parole, then the offender must be released within 30 days. Payne said that he had seen plenty of examples of men who were granted parole but held a full year before being released.
Prior to release, Payne said, housing and support should be established so folks re-entering society can avoid the shock of going from an inmate back into society.
“The biggest problem I had when I was released was that it was a shock to me. To go from complete captivity to complete freedom without any transition was very overwhelming,” he said. “They will tell you that they have re-entry programs but those are not practical at all and don’t really prepare you for release. It’s especially important with youthful offenders since a lot of them are going back to the same area where they committed their crimes.”
