The Justice Digest, Issue V

Arlington County VA Government sent this bulletin at 09/07/2021 05:00 PM EDT

Office of the Commonwealth's Attorney

for Arlington County and the City of Falls Church

1425 North Courthouse Road, Suite 5200

Arlington, VA 22201

The Justice Digest

Issue V, September 2021

A Message from

Commonwealth's Attorney

Parisa Dehghani-Tafti

Our office has been hard at work ensuring the Arlington and Falls Church City community is safe and healthy, with a focus on efficiently handling our court dockets, increasing transparency, and ensuring better alternative paths to justice. We are also incorporating recent legislative changes into our work. I am pleased to share with you our recent successes, our projects underway, important legislative changes, and background on a key leader of my team, Deputy Commonwealth’s Attorney Elizabeth Tuomey.

Kind regards,

Parisa Dehghani-Tafti

Successes:

Convictions Secured, Reform Efforts Underway

Secured conviction in the “Good Samaritan Murder Case” in which the judge imposed a sentence of 40 years on Michael Nash, who was convicted of murdering Patricio Salazar as Mr. Salazar attempted to thwart a sexual assault.
Secured convictions in two child sex cases, with more than decade-long sentences to follow.
Held first behavioral health docket graduation in July. This allowed the first behavioral health docket participant to complete the requirements to receive needed treatment in a non-carceral setting under strict court-ordered guidelines that support rehabilitation and reduce chances of recidivism.
Led the effort to have Arlington actively participate in the regional task force established to combat the region-wide increase in auto thefts alongside state and federal law enforcement and prosecutors.

Projects in Progress:

Data Transparency, Youth Diversion

Completed a contract with Jaspersoft to develop a much-anticipated data collection and aggregation software for our office. This software will allow us to share comprehensive data with the public.
Finalizing a Memorandum of Understanding with stakeholders from the court, police department, and wider community to establish a Restorative Justice youth diversion program. This pilot program, which is slated to start in 2022, provides restorative justice to both the person who did the harm and the harmed party. The focus is on youth 16-24 years of age.

Important Legislative Highlights

Virginia’s legislature, with strong leadership from the Arlington and Falls Church delegation, has enacted significant reform legislation that directly supports criminal justice reform efforts. Here are some highlights of Virginia’s new laws in place as of July 1, 2021:

Behavioral Health

HB 1874: Updates required procedure of Local and Regional Jails with regard to individuals with behavioral and mental health distress and crises.

HB 2236: Outlines provisions for the transfer of supervision of an offender eligible to participate in a behavioral health docket outside their own locality.

Firearms

HB 1992: Prohibits a person who has been convicted of assault and battery of a family or household member, as defined in the bill, from purchasing, possessing, or transporting a firearm. The prohibition expires three years after the date of conviction, at which point the person's firearms rights are restored, unless they receive another disqualifying conviction. A person who violates the provisions of the bill is guilty of a Class 1 misdemeanor.

HB 2128: Increases to 5 days the window for Dept of State Police to do a background check for a firearm transfer.

Sexual Assault and Related Crimes

HB 1867: If you are a victim of a crime, in order to be awarded restitution funds from the Criminal Injuries Compensation Fund, you must report the crime within 120 hours of occurrence (with reasonable exceptions as determined by the Virginia Workers’ Compensation Commission.) Now, all claims of sexual abuse are exempt from that 120-hour window.

HB 2317: Reorganizes and details membership and duties of the Advisory Committee on Sexual and Domestic Violence and the Virginia Sexual and Domestic Violence Professional Standards Committee.

Protections for Certain Individuals

HB 1821: You shall not be arrested for purchase, possession, or consumption of a controlled substance or its paraphernalia as long as you 1. help render emergency care or assistance to an overdosing individual 2. remain at the scene and identify yourself to law-enforcement, and 3. The evidence that could be used for prosecuting one of those previous offenses was only gathered during or because of your involvement in the emergency situation.

HB 2234: Provides an affirmative defense to prosecution for prostitution and related offenses if the person was a victim of sex trafficking and was i) coerced to engage in the offense, or ii) directed to engage in the offense by a non-participating party.

SB 1468: Establishes a process for a state or local law-enforcement agency, an attorney for the Commonwealth, the Attorney General, or any other agency or department employing law-enforcement officers to complete a certification form or declaration that is required by federal immigration law certifying that a person is a victim of qualifying criminal activity.

Changes to Punishment

HB 2012: Changes punishment and sentencing requirements for a violation of a preliminary child protective order- reducing the maximum and required actions the court must take.

HB 2038: Limits and outlines how much active incarceration a court can impose as a result of a violation of probation. Also limits maximum period of supervised probation post-incarceration.

HB 2194: Outlines written or visual and communicated threats, including electronically communicated threats which result in a Class 5 felony for persons 18+, and a Class 1 misdemeanor for under 18s

HB 2263: Abolishes the death penalty. Extends to those who were at the time under a death sentence.

HB 2290: Repeals the enhanced penalties for a second or subsequent misdemeanor larceny conviction. Under current law, when a person is convicted of a second larceny offense, he shall be confined in jail not less than 30 days nor more than 12 months, and for a third, or any subsequent offense, he shall be guilty of a Class 6 felony.

SB 1406: Legalizes simple possession of marijuana, other marijuana related changes.

Changes and Clarifications to Jurisdiction and Procedure

HB 2150: Hands jurisdiction of felony and ancillary misdemeanor charges and appeals from the district court to the circuit court, once those charges are certified by the district court, excepting for the reopening, modification, vacation, or suspension of the case or the withdrawal of the appeal, which all remain in the hands of the district court. Recommended by Virginia Criminal Justice Conference.

HB 2233: Clarifies rules and procedure for orders of restitution.

SB 1108: Increases from $25,000 to $50,000 the maximum civil jurisdictional limit of general district courts for civil actions for personal injury and wrongful death.

Miscellaneous

HB 1866: Court-appointed special advocates are allowed more participation and information.

HB 1868: If a person is convicted of a felony for severe forms of human trafficking while driving a commercial vehicle, they are now disqualified for life from holding a commercial driver’s license.

HB 1878: The appeal of an intake officer’s decision not to authorize a petition based on lack of probable cause must now be filed to the magistrate within 10 days of the finding of no probable cause (there will be written notification of this finding). Also, if the intake officer finds probable cause and decides the matter is appropriate for diversion, there will be no right to appeal this decision.

HB 1903: Authorizes local governing bodies to reduce the speed limit to less than 25 miles per hour, but not less than 15 miles per hour, in a business district or residence district.

HB 1912: Parents do not have to pay child support for a juvenile in temporary custody or committed to the Department of Juvenile Justice.

HB 1990: Allows Committees to request a racial and ethnic impact statement for a proposed criminal justice bill.

HB 1991: Authorizes Dept of Juvenile Justice to petition a court to release a juvenile earlier for good cause (as permitted under current law) and shall petition the court for a determination at least 60 days before the 2^nd anniversary and every following anniversary of the juvenile’s date of commitment.

HB 2169: Reorganizes the statute penalizing prostitution into two distinct sections. The penalties for all offenses remain unchanged. This bill is a recommendation of the Virginia State Crime Commission.

Employee Spotlight:

Elizabeth Tuomey

Deputy Commonwealth's Attorney

Elizabeth Tuomey joined the Commonwealth’s Attorney’s office in January 2020. She leads the Circuit Court team, Behavioral Health Docket, and Drug Court. Tuomey spearheads the Disability Justice System Coalition, which is bringing together stakeholders to improve how our criminal justice system serves citizens with disabilities. She also leads the Anti-Racism Study Group, which is working to educate the Commonwealth’s Attorney’s staff on racial equity and systemic racism.

Tuomey attended Villanova University and Georgetown University Law Center. She worked as an attorney with the Public Defender’s Office in Fredericksburg, VA, in her first job after law school. Tuomey then joined a private firm where she focused on criminal defense and personal injury law. She then entered solo practice in Arlington in 2013.

In joining the Commonwealth’s Attorney’s office, Tuomey has pivoted from a focus on the defendant to a wider focus on victims, the defendant, witnesses, and the broader community. She balances court needs with office tasks, interviews victims and witnesses, and ensures the office is responsive to inquiries from attorneys, police, witnesses, and victims. She also has primary responsibility for Not Guilty by Reason of Insanity (NGRI) cases and serves as liaison to DHS’s Behavioral Healthcare Division. Tuomey also participates in the monthly Mental Health and Criminal Justice Review Committee, which ensures services are in place to support those with mental illness.

Tuomey leads the Commonwealth’s Attorney’s Office in the implementation of the Behavioral Health Docket (BHD). The BHD provides a pre-plea option for those with mental illness or intellectual disability. This allows those who can benefit from close, instructional supervision to receive support and services, with the goal of decreased recidivism and ensuring the safety of the community. Currently, there is a 10-person capacity. The BHD is strict and rigorous — it is approximately one year-long and has weekly meetings, court appearances, and group therapy. The BHD accepts people charged with both misdemeanors and felonies. The docket’s first participant graduated in July 2021.

Tuomey created the Arlington Disability and Justice System Coalition (DCJC). This coalition ensures that the justice system can identify disabilities and provide people with the support they need. It provides training for all stakeholders. The coalition includes the ECC (Emergency Communications Center), the police department, the Sheriff’s office, magistrates, the court clerk’s office, Public Defender’s Office, probation officers, judges, the Arc of NOVA, self-advocates, and parent advocates. Its mission is public safety, recognizing that normal probation would not be adequate for someone with disabilities. Its goal is to decrease recidivism and improve public safety by identifying who each individual is and what support systems and resources they need. The Coalition recognizes that the justice system might not be the best avenue to address those needs.

Many ask Tuomey what inspires her to work in the Commonwealth’s Attorney’s Office. Her response is clear – she is focused on putting into place more effective and efficient systems to prosecute crimes, ensure racial equity and provide alternative, better paths for youth and people with disabilities and mental health needs.

More On The Arlington Disability and Criminal Justice Coalition

A diverse, collaborative county-wide coalition focused on reforming the developmental disability (DD) community’s interactions with the criminal justice system and creating the most inclusive community possible. We are focused on:

Proactively creating training, tools, partnerships, and resources to help first responders, attorneys, and court professionals identify people with developmental disabilities and adapt their interactions to meet the needs of those individuals with a focus on safety for all.
Responding to the needs of people with developmental disabilities in the criminal justice system, including connecting them and their support teams with vital resources and partners.
Recognizing and promoting that the Courts and criminal justice system are not the best mechanisms for people with developmental disabilities to obtain supports and services and advocating for the least restrictive alternative consistent with public safety.