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Sunday, October 18, 2020

HARD TIME VIRGINIA Vol. 5, No. 4 (an occasional newsletter for friends in prison)

Lady Justice high above our
local court house.

Augusta Inmate Discovers Omissions In His CORIS Record


In July of this year a prisoner at Augusta Correctional Center received yet another of repeated denials for parole, this one stating he needed further participation in institutional work and/or educational programs. After speaking with many of the staff there he was finally shown what was documented in the CORIS Database System from his hard file. It showed that after nearly four decades of incarceration he had only completed three programs and earned his G.E.D. In fact he had consistently maintained employment, taken advanced vocational studies and earned certification in numerous trade skill programs. He had also earned a Certificate of Recognition for 20 years of being infraction free, and graduated magna cum laud from a community college program with an Associates Degree.


His experience has led others at ACC to have their CORIS records examined, often  with similar results. This individual is appealing his recent turn-down for release by the Parole Board.


The Incarcerated Can Apply For CARES Act Funds


A federal judge recently ruled that the U.S. Department of Treasury and the IRS may not prevent inmates from receiving CARES Act stimulus funds. The deadline for applying is October 30, 2020.


Here is the link for applying on the IRS website: https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here

     

Here's a link to print off a form to mail to those behind bars to fill out and mail:  https://www.irs.gov/pub/irs-pdf/f1040.pdf

    

And here is a link for those over 65 years of age:  https://www.irs.gov/pub/irs-pdf/f1040s.pdf


Deerfield CC Reports 60% Of DOC’s 33 Total COVID Deaths

 

The virus hit Deerfield Correctional Center in April and May with 76 cases, four hospitalizations and one death. At that time, all of these were confined to one pod. After a two-month lockdown, the restrictions were relaxed in June and July, but things exploded again in August, and by mid-September the official count rose to 465 cases, 21 hospitalizations, 35 staff cases and 10 deaths. The National Guard was called in to help, and inmates who tested positive were moved to one of a number of "red zone" pods. Those who tested negative were moved to "yellow" pods. There is no way to social distance in the sleeping area dormitories as the bunk beds are roughly 3 feet apart. 


Meanwhile, the DOC sent in state doctors and nurses to take over medical. As of October 15, the 825-bed facility reported 19 deaths.


Earned Sentence Credits Bill Passes!


On October 14 the first major criminal justice reform legislation in 25 years passed in Virginia and was sent to the governor's desk for his signature. The bill is to take effect on Jan 1, 2022.        


This Earned Sentence Credits Bill is primarily for those charged with "nonviolent" offenses, and unfortunately has 119 exclusions added by the House of Delegates, strictly along party lines. Senator Boysko was able to add the following to the final version: "the Department of Corrections shall ensure that educational, vocational, counseling, and substance abuse programs for earning sentence credits are available at all state correctional facilities."  These programs will be available to help everyone whether they qualify for expanded sentence credits or not.


In January 2021 there will be new efforts to 1) amend the bill to allow more people to earn an earlier release, 2) reinstate parole for all and 3) create an oversight committee for the DOC.  The goal is to give everyone behind bars the opportunity to earn a second chance.  


Editorial: Let's Repeal And Replace Our Criminal Justice System


In a recent series of podcasts, state Senator Mark Obenshain lamented the number of parole releases granted by the Virginia Parole Board in March. He and three Commonwealth's Attorneys, along with a former Governor George Allen (who in 1995 signed the "truth in sentencing" law that eliminated parole) all agreed that the sentences imposed by courts should be carried out in full, with 15% of time granted for good behavior.


I fully understand the need victims and their families feel for retribution or revenge after having suffered some traumatic loss. But if justice calls for everyone sentenced to life in prison to remain on a de facto "death row" until they die, there seems to be little point in offering classes designed for their rehabilitation or for learning trades or skills they will never be able to use. And by their logic there would be little point in even having a Parole Board at all.


The fact is, even multiple life sentences would never be enough to compensate for the trauma of a rape or the terrible tragedy of a brutal loss of human life. Only genuine repentance on the part of a wrongdoer, met with tough love, amazing grace and ongoing accountability, is a viable alternative.  Here are three critical ingredients for a repentance-based system:


Restitution: Courts should be redesigned to focus on repairing harm rather than merely meting out punishment. Restorative justice processes would focus on the needs of victims for reparation and restitution, with offenders being mandated to work in whatever ways necessary and for as long as necessary to right their wrongs. Wherever possible those with jobs would continue their employment and continue to support their families, wearing electronic monitoring equipment if needed, and would be supervised, mentored and counseled by trained professionals and by members of their families, congregations and other appropriate agencies and organizations.


Relocation: In cases where offenders are unrepentant, are unwilling to work and to make restitution and/or are clearly a danger to others, individuals would be moved into secure rehabilitation centers where they would be taught job skills, civic responsibility and be offered psychological and drug treatment. Some individuals might literally be relocated to other communities and offered support and help as outlined above.


Rehabilitation: In all cases the ultimate goal would be to restore people's lives, support them in repairing harms they have caused, and to help them become fully responsible, tax-paying and constructive members of their communities.


Everyone wins when that happens.                                              - Harvey Yoder


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