Virginia’s Criminal Legal System Will be More Fair After This Legislative Session — What Changed and What’s Next

Virginia’s criminal legal system should treat people fairly — no matter their race or income. This legislative session, lawmakers took meaningful steps in that direction, passing several reforms that have now been signed into law. 

These changes move Virginia closer toward a more fair and transparent system that better supports people’s ability to move forward. These wins also reflect what it takes to get there: a real partnership between advocates, impacted communities, and legislative champions to advance people-powered policy.

Reducing the Burden of Court Debt

Virginia’s court fines and fees system has long trapped people, especially Black Virginians and people with low incomes, in cycles of debt that can last decades. In 2024, courts assessed at least $84.4 million in fines and fees related to traffic and criminal cases against Black people in Virginia, who make up just 18% of the population but bore 33% of all court fines and fees. This is not a coincidence: it is the product of policy choices that have historically targeted Black communities and people with low incomes.

This session, The Commonwealth Institute led on legislation that is now signed into law — to limit how long court debt can be collected (statute of limitations). As of January 1, 2027, the statute of limitations on court debt collection will be 10 years for both general district court and circuit court, a significant change from what was previously 30 and 60 years, respectively Court debt will no longer be a lifetime burden. 

When court debt goes unpaid, interest accrues and additional costs pile on. Debt is sent to collections, and wages can be garnished. Each step makes it hard to catch up and penalizes people least able to pay. In many cases, this debt is never fully collected — perpetuating a system that harms families without delivering meaningful revenue for the state. 

Even people making their best efforts to pay and maintain payment plans struggle to get ahead under the threat of decades of debt. Reducing the statute of limitations gives people a real chance to move forward, focus on their families, and work toward economic security. 

This legislation also extends the period before debt can be sent to collections from 90 to 180 days. This aligns with the interest accrual, gives people more time to find work or plan financially, and simplifies a system that previously required people to track multiple deadlines. 

Making Incarcerated Work Count

Another key reform, referred to as “work behind the wall,” recognizes the value of work performed while incarcerated. Currently, people working while incarcerated are paid between 27 and 90 cents per hour. That choice has roots in Virginia’s long history of exploiting Black people for labor and limiting people’s ability to get ahead. 

The new law allows people to apply their work toward court debt at the jurisdiction’s community service rate — typically minimum wage — and credits work dating back to July 2023. By helping people reduce their debt at a meaningful rate, this reform supports successful reentry and reduces uncollectable court debt for the state. For people who have been working for years inside Virginia’s correctional facilities, this is a long-overdue recognition of their labor.

Reforming Failure to Appear

Missing a court date can quickly lead to a new criminal charge, even when people face legitimate barriers to showing up. People may not have reliable transportation. They may be caring for a child or family member. They may be sick. Some try to contact the court but still face charges. These situations can lead to a “failure to appear” (FTA) charge, adding new charges to an existing case. 

This session, in partnership with the Pretrial Justice (PTJ) Coalition, TCI worked to change how these cases are handled.

The original proposal went beyond what ultimately passed, including reducing FTA charges from felonies to misdemeanors. Under the final law, which is narrower but meaningful, courts must consider the full context of a person’s circumstances when determining if someone intentionally avoided court (“willful flight”).

The data makes clear why this reform matters. Between 2023 and 2025, Black people in Virginia accounted for 46.9% of FTA convictions while making up just 20.2% of the adult population. Requiring courts to consider real-life barriers is a step toward more fair outcomes. This builds on prior coalition work from 2024 to make sure people who are incarcerated or detained in any correctional facility cannot be charged with failure to appear.

More Data, Better Policy Decisions

The PTJ Coalition also successfully worked to integrate the Virginia Pretrial Data Project into the Virginia Longitudinal Data System (VLDS), a secure database that connects anonymous data across systems such as social services, education, and workforce. Integrating pretrial data will allow policymakers and researchers to better understand how pretrial detention intersects with other areas of a person’s life, including employment, housing, and family stability, and support more informed data-driven policy decisions. Understanding the full scope of harm caused by pretrial detention is essential to making the case for the reforms still ahead.

The Work Continues

These reforms mark meaningful progress and help build momentum for the work ahead. Two major priorities that did not pass this session are already driving what comes next.

Counsel at first appearance (CAFA) remains a top priority. Early decisions about bail and pretrial detention can determine whether someone keeps their job, housing, or family connections. Yet too many people face this moment without legal representation.

Without legal counsel at this stage, people are more likely to face higher bail, longer detention, and worse outcomes. These impacts fall most heavily on Black Virginians and people with low incomes. People who can afford private attorneys are 45 times more likely to secure pretrial release. 

We will continue working with partners, lawmakers, and budget leaders to advance this reform and support justice from the start.

On fines and fees, another priority is eliminating constitutional fees, specifically jury fees and counsel fees. These costs are charged to people already deemed unable to pay, even though they are tied to constitutional rights. Research shows these fees unfairly impact Black and low-income Virginians, generate little revenue for the state, and often result in uncollectable debt that is costly for the state to pursue. This session, the House passed legislation to eliminate these fees, but the Senate did not. We will continue the research, education, and advocacy needed to advance this reform next session. 

This summer, coalition partners will be deepening engagement across the commonwealth by continuing our successful Strengthening Justice” convenings. These sessions bring together impacted community members, legislators, advocates, and court officials and staff. 

These conversations ground our priorities in the real experiences of people navigating these systems. The reforms celebrated this session grew from that work. The next ones will too.

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Decriminalizing Poverty