Senate committee advances bill to require parole interviews for some defendants after Fishback ruling
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Summary
The Senate Courts of Justice Committee advanced HB193, the 'Fishback' bill by Delegate Doug McQuinn, directing the Parole Board to establish review procedures and to hold parole interviews for people identified as eligible on or after 7/1/2026; the panel adopted narrowing language after prosecutors raised scope concerns.
Delegate Doug McQuinn presented House Bill 193 to the Senate Courts of Justice Committee as a targeted response to Fishback-related jury‑instruction issues and to ensure certain defendants receive individualized parole reviews.
McQuinn said the bill would require the Parole Board to set procedures and to conduct individualized parole interviews for anyone eligible for parole as of July 1, 2026, with interviews to occur by July 1, 2027, unless extended for reasonable cause. He told the committee the measure “does not reinstate parole in Virginia,” does not guarantee parole or shorten sentences, and is intended to give an opportunity for a case-by-case review to individuals who were omitted from earlier remedial steps.
Commonwealth Attorney Nathan Green, speaking for the Virginia Association of Commonwealth's Attorneys, urged caution. Green said the bill as drafted could unintentionally make a much larger group of people eligible — he cited an internal estimate that the draft language could affect about 1,300 inmates — and recommended limiting language so the bill reaches the narrower set of cases intended by the patron. Green suggested tying eligibility to a documented request for the now‑disallowed jury instruction or narrowing the date range to 01/01/2005, which several members agreed would better match the patron’s intent.
Committee members and counsel discussed technical fixes to ensure the bill only covers the mistakenly omitted group, and the chair and patron agreed to an amendment to narrow the timeframe and clarify that an instruction must have been requested but not given in the original proceeding. The committee adopted the amendment and moved the bill forward to the Finance Committee.
Why it matters: supporters said HB193 closes an identified gap that has left some defendants without a chance for a parole interview because of inconsistent jury instructions following the Supreme Court’s Fishback decision; opponents cautioned that broad drafting could expand eligibility beyond the patron’s intent and urged precise statutory language to limit unintended effects.
The committee voted to report HB193 and refer it to Finance; the committee record shows the motion to report was made in committee and the bill was advanced for further consideration.