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The Debate Over Reforming Virginia's Bail System Likely Won't End This Session

Lawmakers are taking action to change how the cash bail system works.

When people are arrested in Virginia, they are presumed innocent until proven guilty in a court of law. Until the case gets to court, though, Virginia law says judges should have a presumption against bail for people accused of certain crimes.

Delegate Jay Jones is a Democrat from Norfolk who voted for a bill to ditch the presumption against bail.

"Those who have the resources are often able to overcome those presumptions while less resourced, disproportionately Black and brown Virginians are left detained during the pendency of their case," Jones said. "If you've ever visited a jail or a correctional facility in this Commonwealth, you can see the colors of those faces."

Delegate Jason Miyares is a Republican from Virginia Beach who voted against the bill.

"The majority in this chamber has all session long said that we need to trust our judges and our magistrates to make the right decisions," Miyares explained. "Now, I would argue that is a good argument in theory but in the real world it simply doesn't work because judges are human beings and they make mistakes all the time."

Now, both the House and the Senate have approved versions of the bill, and it's a debate that won't end with the session. Jones and Miyares are both candidates for attorney general, so the debate on reforming bail in Virginia might end up being an issue on the campaign trail.

This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.

Michael Pope is an author and journalist who lives in Old Town Alexandria.