Is The Virginia Parole Board In Violation Of SB 1361 Passed By The 2023 General Assembly?

Jonathan White, a model prisoner for 43 years, is appealing 
his recent parole denial.

I have corresponded with Jonathan White for over a decade and visited him twice when he was at Augusta Correctional Center, which was recently closed. He is now at the Lawrenceville Correctional Center, recently taken over by the Virginia Department of Corrections after having been Virginia's only privately run prison.

With his permission, I post his appeal for reconsideration of his recent parole denial:

A STATEMENT OF APPEAL/RECONSIDERATION OF NOT GRANT DECISION

On July 24 I was notified of the July 17 decision of the Virginia Parole Board to "Not Grant" my release.

The reasons stated were:
* Serious nature and circumstance of your offense(s).
* The Board concludes that you should serve more of your sentence prior to release on parole.
* Release at this time would diminish seriousness of crime.

On April 18 parole board examiner Ms. Tina Bowen conducted a video conference parole interview to review my case for discretionary and geriatric conditional parole.

 
In the course of this interview Ms. Bowen noted that in accordance with the current Virginia Parole Board Recommendation Scale for Parole Examiners I scored a "highly" recommended assessment score rating of +5 and/or 6 on the recommendation scale, with 5 meaning "Leaning towards a Recommend" and 6 meaning "Recommend." Also my Compass Risk Assessment Score indicated a LOW risk for recidivism or violence, and that there was no noted opposition of my release to parole on file.

Ms. Bowen felt strongly that I should be granted a second chance this time and her recommendation to the Board was to "grant" parole. She stated she was proud of a) my accomplishments and my accountability, b) my remaining infraction free and having a community support network and home plan, and c) my continued vocational training while incarcerated and the pending opportunity to advance my vocational skills upon release. Also that in the forty-three years of my incarceration as a first offender I have been an exceptionally model citizen. 

It is clear that the Board's primary mission is to release those candidates for parole those "whose release is compatible with public safety." It is also clear that the impressions gained by the parole examiner during the interview and the resulting examiner's recommendation are extremely important in the decision-making and voting process of the Board, especially since I have not been afforded a in-person or virtual video conference parole hearing interview by a current Parole Board Members in accordance with the Virginia General Assembly's passage of Senate Bill SB1361 and in accordance with Virginia Code 53.1-136 and Virginia Code 53.1-155.

This legislation, enacted in May 2023 requires parole review hearings to include a live interview of the prisoner, conducted in-person, by video conference or by telephone, and prohibits the Board from granting or denying parole to any prisoner who has not had such an interview by a Board member within the prior year. It also requires the Board to discuss and debate each decision at a meeting at which a majority of the Board members are present. It further requires that each board member identify the reason(s) for their decision. The petitioner is then to be provided a written statement of the reasons behind each board member's vote, according to this bill, which went into effect July 1, 2024.

The decision to not grant my parole was decided on July 17, 2024, so the Board's failure to provide me the due process required constitutes a violation of Virginia Code 53.1-136 law.

Therefore I ask the Board for an appeal of reconsideration of their "not grant" decision and to allow me my due process rights to a fair consideration for my parole release. I respectfully acknowledge the concerns of Board members and will fully observe the conditions of my parole.

Respectfully submitted,
Jonathan Darryl White
VaDOC No. #1161021

Here is the text of the amendment as passed last year:

Senate Bill: SB 1361

VIRGINIA ACTS OF ASSEMBLY -- Approved: May 12, 2023

Virginia Parole Board / Commonwealth of Virginia.

An Act to amend and reenact Section(s) 2.2-3703, 53.1-136, 53.1-154, and 53.1-154, and 53.1-155 of the Code of Virginia, relating to Parole Board; eligibility determinations; reports.

Enacted by the General Assembly of Virginia: May 12, 2023.

Code of Virginia, Section 53.1- 136. "Powers and duties of Board; notice of release of certain inmates."

In addition to the other powers and duties imposed upon the Board by this article, the Board shall:

9. Ensure that each person eligible for parole receives a timely and through review of his/her suitability for release on parole, including a review of any relevant post-sentencing information. If parole is denied, the basis for the denial of parole shall be in writing and shall give specific individualized reasons for such denial to such inmate, and

10. Convene a public meeting, either in person or via video conference, when conducting the final deliberation and vote regarding whether the Board will grant parole to a prisoner. The prisoner being considered for parole or his attorney shall be permitted to attend such meeting either, in the Board's discretion, in person or via video conference. The victim shall be permitted to attend and participate in such meeting either, in the Board's discretion, in person or via video or phone conference or to provide written or recorded testimony. No decision to grant discretionary parole shall be made by the Board unless such decision was discussed and debated at a meeting at which a majority of the Board members were present. Whether the Board grants or denies discretionary parole to an inmate, each Board member shall identify his/her reasoning for such decision at the time such member's vote is cast.

The provisions of this act shall become effective on July 1, 2024.

Note: The Virginia Parole Board is not above the law, and must obey the letter of the law regarding parole policies just like any other citizen, resident, person, or parolee in the Commonwealth of Virginia.

These are the conditions governing persons released on parole as established by the Code of Virginia Section: 53.1.157.

1. I will obey all Municipal, County, State and Federal laws and ordinances.

2. I will report any arrests, including traffic tickets, within 3 days to the District Parole Office.

3. I will maintain regular employment and support myself and legal dependents to the best of my ability. I will notify my Parole Officer promptly of any changes in my employment.

4. I will obtain the written permission of my Parole Officer before buying or operating a motor vehicle.

5. I will submit in person or by mail a written report at the end of each month to my Parole Officer on forms furnished by him/her and will report as otherwise instructed.

6. I will permit my Parole Officer to visit my home or place of employment.

etc.