Some Background on the Earned Sentence Credit Bill
In 2020 during a special session, a bipartisan group of legislators devised legislation to incentivize those with nonviolent crimes to improve themselves for an earlier release. In order to give Virginia Department of Corrections time to update its databases and prepare, Gov. Northam amended the bill so that it wouldn’t take effect until July 1, 2022.
Then came the Virginia elections in the fall of 2021 and there was a change in the political makeup of the House of Delegates and every top political office, including that of governor. Before the law could even take effect members of the House of Delegates entered bills to either exclude more people from the original bill or to repeal the bill entirely. These bills passed in the House, but didn’t even make it out of the Senate committees. In the normal legislative process this should have been the end of the story for this legislative session.
After the 2022 General Assembly adjourned, final steps were taken to bring home those who had worked for two years to improve themselves, stay out of trouble and earn an earlier release. Those who were eligible were notified and given a release date. Family and friends made plans to help their loved ones come home. Home plans were approved, jobs were found, applications for driver’s licenses were filled out. Weddings were planned, reunions set up, and fathers and grandparents were in joyous anticipation of seeing children after many years or for the first time.
About 500 of those set to be released have what are called mixed charges. They have completed their sentences for violent offenses that did not qualify for the ESC bill but were also serving consecutive sentences for nonviolent offenses that did qualify. Members of the House of Delegates persuaded the governor to use a nonconventional way to block legislation by entering a budget amendment that would exclude those with these mixed charges.
Sen. Mark Obenshain urged the Senate to deny early release to people who had worked in good faith to earn it, trusting the legislation would honor the promises made in 2020. As Sen. Boysko pointed out, “We cannot create a system of reform if the people we govern cannot trust the laws we have set in place.” Sen. Obenshain’s repeated claim that “murderers and rapists” would be given reduced sentences is completely false. They have served their full sentence for the crimes which are not eligible for the ESC bill. But as Sen. Morrissey pointed out, Obenshain’s statements are “a great soundbite and a great commercial, but (it’s) not what they are doing.”
The news of the cruel reality that they are not coming home has quickly being spread through the facilities and to loved ones. They feel anger, disbelief and betrayal by a system they trusted to honor the commitments made to them. They kept their end of the bargain. They did everything required of them so they could come home just a little earlier to their loved ones. Sadly, the Virginia legislature has sacrificed its honor for the benefit of a political soundbite.
This op ed piece by Debra Turner, a member of the Valley Justice Coalition in Harrisonburg, appeared in both the Roanoke Times and the Daily News-Record.
In Spite Of Parole Board Chair’s Promises, Parole Release Numbers In 2022 Remain Disappointingly Low
January: Regular Grants 4, Geriatric Grants 4, Dual Grants 4, Total: 12
February: Regular Grants 3, Geriatric Grants 0, Dual Grants 0, Total: 3
March: Regular Grants 0, Geriatric Grants 0, Dual Grants 0, Total: 0
April: Regular Grants 1, Geriatric Grants 1, Dual Grants 0, Total: 2
May: Regular Grants 1, Geriatric Grants 0, Dual Grants 0, Total: 1
June: Regular Grants 8, Geriatric Grants 4, Dual Grants 3, Total: 15
This brings the total number of parole releases this year to 33, with June reflecting the highest number of grants by the new Parole Board. Also, for the first time reasons for granting release are included in each case, but there remain many other incarcerated persons who have served just as much, if not more, time in prison and who have met the same criteria, such as having exceptional records of institutional adjustment, having good community support, being infraction free for decades, completing all correctional programs, having low risk assessments, stable release plans, no opposition to release and being no risk to public safety. Augusta Correctional Center still remains the lowest releases all year long of the (290) parole eligible offender's housed in this prison facility. - Jonathan White, ACC, and Harvey Yoder
An Insider Reflects On Dormitory Incarceration
Open dormitory living for long periods of time can be traumatic for those used to living in a cell type of structure. It is one thing to be in a dormitory for only a few months, but year after year it is not a positive rehabilitation step. It is hard enough dealing with one other man looking in your face day in and day out, but a room of sixty people stacked on top of one another and having less space between bunks than in dog kennels is a mental and psychological challenge.
It is different when those type of facilities are used as work release units where everyone gets to go to a job setting or road gang to perform a meaningful labor task. But lagging around in a confined dormitory breeds violence and unwanted trouble, not to mention that it is the quickest way to spread diseases with airborne transmissions. That's how TB infected the entire population at Southampton during the years that the dormitory housing was added to the general population, and it resulted in an increase in rapes and violent attacks. Also, folks with poor mental intellects have a serious lack of understanding of how to cope, and weak ones get raped in the dark of night when floor officer's fail to make their rounds to conduct bed checks.
These are not just fear stories of prison life. This is a real fact of life witnessed and documented. Many men in prison have mental issues that the state refuses to address when dumping men or women in dormitory settings. - Jonathan White, ACC
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