Richmond, VA – After a grueling 11 years behind bars for attempted robbery and firearms use, Leslie Puryear anticipated his freedom, bolstered by a Virginia law designed to reduce prison sentences for exemplary conduct and rehabilitation efforts. As part of a 2020 criminal justice reform borne out of nationwide calls for a more equitable system, Puryear had qualified for early release, only to find his dreams dashed when corrections officials recalculated his sentence, adding three more years to his time in prison.
Initially encouraged by the reforms, which promised a significant decrease of his 18-year sentence, Puryear had prepared for his return home. With job offers in hand and his family eagerly waiting, the abrupt reversal in July 2022 was a stark blow. “It’s almost like being released and getting locked up again,” Puryear shared, recalling the devastating moment he learned of the department’s decision.
Despite a favorable ruling by the Virginia Supreme Court in 2023, which criticized the Department of Corrections’ misinterpretation of the law in a similar case, Puryear remained incarcerated. It wasn’t until the American Civil Liberties Union intervened that he was finally released in November, 16 months past his originally scheduled release date.
Now free, the 38-year-old is spearheading a class-action lawsuit against current and former corrections directors, challenging the state’s handling of sentence recalculations for inmates like him. The lawsuit specifically addresses the plight of those convicted of inchoate crimes—offenses involving attempts or conspiracies to commit crimes, rather than completed acts—which the law intended to cover for sentence reductions.
The corrections debacle began under a Democratic-led initiative to improve prison conditions and reduce recidivism through enhanced sentence credits for inmates showing good behavior and engaging in rehabilitation programs. The law, signed by former Governor Ralph Northoum, allowed an increase in earned sentence credits, providing inmates could have their sentences reduced from serving 85% to as little as 67% of their sentence time.
However, in a policy shift under Republican Governor Glenn Youngkin, who took office in 2021 with a platform of tightening crime policies, the Department of Corrections, backed by an advisory from Attorney General Jason S. Miyares, began excluding certain categories of crimes, like those committed by Puryear, from qualifying for early release. This reinterpretation led to extended sentences for individuals previously deemed eligible under the earlier guidelines.
Legal representation for the affected inmates, including lawyers from the ACLU and D.C. civil rights law firm Relman Colfax, argue that this misapplication of the law has unjustly extended the incarceration of potentially hundreds of inmates, violating clear legal standards. They estimate at least 150 inmates suffering similar predicaments, with ongoing efforts to identify and assist all qualifying individuals.
The consequences extend beyond the prison walls, impacting families and communities. Puryear, now employed at a business in Brunswick County repairing homes and cars, missed significant family milestones during the extended incarceration, including his son’s high school graduation and the birth of a grandson.
The Virginia Department of Corrections has refrained from commenting on the pending litigation, as has the attorney general’s office. Meanwhile, despite criticism, the legislative framework allowing for expanded sentence reductions was ultimately upheld, going into full effect on July 1 following legislative review.
Puryear’s legal battle underscores ongoing debates over criminal justice reform and the balance between public safety and the rehabilitative goals of the penal system. As he adjusts to life outside prison walls and anticipates the birth of his fifth child, his case serves as a poignant reminder of the human impacts of policy and the importance of legal advocacy in upholding justice.