Virginia’s Criminal Justice Reform Debate and the ESC-2 Policy

Marqui Clardy writes about how Virginia’s Enhanced Earned Sentence Credit (ESC-2) policy has become a flashpoint in the state’s criminal justice reform debate, exposing the flaws of labeling offenders as simply “violent” or “nonviolent.”

With Virginia’s gubernatorial and attorney general elections approaching, criminal justice reform has become one of the most divisive issues on the campaign trail. At the center of the debate is the Enhanced Earned Sentence Credit (ESC-2) policy, which has drawn sharp criticism and political spin from both sides.

Political Battles Over ESC-2

Incumbent Attorney General Jason Miyares has repeatedly accused his opponent, former Assistant AG Jay Jones, of being “soft on crime.” Miyares points to Jones’ support for ESC-2 as evidence, claiming it allows dangerous offenders to leave prison early. Governor Glenn Youngkin has also taken a hard stance against the policy, going so far as to attempt eliminating ESC-2 with a 2023 budget amendment. That effort ultimately failed when the General Assembly adopted a modified version of the budget.

Opponents highlight statistics showing that hundreds of those released under ESC-2 were rearrested within 90 days. However, many of these “reoffenders” were taken in for technical violations rather than new crimes. Miyares’ most striking claim—that a man named Daniel Vanover reoffended against a child after being released under ESC-2—was also debunked when reporters confirmed he had left prison months before the policy began.

Who Benefits From ESC-2?

When the Virginia Code 53.1-202.3 went into effect in 2022, reform advocates celebrated it as a long-awaited victory, especially since the state abolished parole in 1995. But ESC-2 was structured to apply only to nonviolent offenders, creating what critics see as a flawed and misleading distinction.

Policymakers often frame nonviolent offenders as safer candidates for early release, but this ignores more meaningful factors such as education, vocational training, disciplinary history, and COMPAS risk assessments. In reality, some “nonviolent” offenders (like repeat DUI drivers or fentanyl dealers) may pose significant threats, while some “violent” offenders (like victims of abuse who fought back) may actually present low risks of re-offending.

Public Perception vs. Reality

The perception of “nonviolent versus violent” has shaped public opinion. Many assume check forgers and drug dealers are inherently safer than individuals convicted of violent offenses. Yet the July–August 2022 data showed that some early-release prisoners with nonviolent convictions went on to commit armed robberies and other serious crimes.

The assumption that violence can be quantified across whole demographics is deeply flawed. Individuals’ behavior, history, and progress in prison tell a far more accurate story than the simple labels “violent” or “nonviolent.”

Stories of Redemption

Despite the controversy, countless examples prove that both violent and nonviolent ex-offenders can thrive after release when given proper support. Success stories include:

• LaNay Harris became an author, minister, and business owner.

• Kedrain Brewster founded a trucking company that hires returning citizens.

• Jenifer Rodgers, business owner and founder of the National Association of Women’s Prison Reform.

• Shon Hopwood earned a law degree and became a professor at Georgetown University.

• Andre Norman founded the Academy of Hope and became a Harvard Fellow.

• Reginald Dwayne Betts earned a Yale law degree, became an award-winning author and poet, and was named a MacArthur Fellow.

These examples show that demographic labels don’t determine success. Personal growth, education, and resilience do.

The Path Forward

Approximately 90% of prisoners will eventually be released, and some will inevitably reoffend. But many more will rebuild their lives and strengthen their communities. Policies like ESC-2 would be far more effective if lawmakers rewarded individual achievement—education, prosocial behavior, remorse, and rehabilitation—instead of relying solely on the “nonviolent offender” label.

As Virginia voters head into the upcoming elections, the future of criminal justice reform depends on whether leaders will move beyond political soundbites and create smarter, evidence-based policies that truly reduce recidivism and build safer communities.

Interested in reading more? Check out Choosing Money Over Love: How I Lost What I Cared About Most

The post Virginia’s Criminal Justice Reform Debate and the ESC-2 Policy first appeared on Prison Writers.