At Least This Isn't California

About a week ago, a riot broke out at California’s Folsom Prison (think “the Man in Black”, Johnny Cash) on a handball court. When it was over about 250 inmates were injured or charged with fighting. California has 155,000 men and women incarcerated in a system only built to house half that many. They are currently operating under a Federal Court order to release 40,000 inmates in the next 18 months to reduce their inmate population to 137% of bed capacity [Note: the inmate lawsuit over this issue took the Federal Courts 10 years to finally order the mass release. For eight years California operated under a consent order to either release or build more prisons. Oh yeah, they have a $19 billion budget shortfall so they can’t afford to build any new prisons.]



Things are so bad with California prison medical care that “Governor Aahnold” agreed by consent order to spend $150 million immediately to improve medical care for inmates when faced with “an alarmingly high rate of deaths of inmates due to poor care and suicide”.


At least Virginia doesn’t have the problems California has. Really? Last Friday, August 27th, one inmate was stabbed to death and three others seriously injured at the level 4 Nottoway Correction Center.


At Greensville, a massive 3,000 inmate prison holding level 2 and 3 inmates, since January two inmates have been murdered and one committed suicide. And, at Red Onion prison – the Commonwealth’s Super Max facility – two inmates have been murdered – by the same inmate.


But forget that. After all, those guys are felons. They deserve what happens to them (I wonder how many people dare say that while they’re sitting in their church pews on Sunday morning). Instead, think about the cost.


According to Virginia’s State Government website, there are approximately 38,900 inmates serving time in Virginia’s prisons. That does not include another 5,000 with DOC numbers awaiting transfer to a DOC facility who are sitting in regional jails, overcrowding them. The DOC website announces “fortunately, we don’t yet have an overcrowding problem”.


I guess it depends on how you define “overcrowding”. Having bunks sitting in fire lanes must not meet DOC’s definition of overcrowding. Having 200 inmates being watched by two officers must not meet their definition either. And, I guess being so understaffed that COs at Nottoway couldn’t search for “shanks” isn’t overcrowding, at least according to DOC’s spokesman, Larry Traylor.


Still not convinced, consider the other costs. As former Lt. Governor (and now head of Prison Ministries) Mark Earley recently said: “Virginia spends more than $1.1 billion annually on its prisons”. That’s more than is spent on education or healthcare in the Commonwealth.


Then there are the legal costs. In between filing lawsuits challenging the new federal health care plan, or going after a University of Virginia Professor who conducts research on global warming for fraud, Attorney General Ken Cuccinelli is responsible for defending DOC in a myriad of cases.


Each year, inmates file thousands of Habeas Corpus petitions in an attempt to get their sentences reviewed. Each case requires an Assistant Attorney General (and support staff) to defend the legitimacy of the incarceration.


Each year thousands of other suits are filed by inmates over violations of constitutional rights, such as religious freedom. Injured inmates or inmates denied adequate medical care sue.


Then, there are the major lawsuits brought by or on behalf of inmates. Currently, Troutman Sanders (a major Richmond law firm) is providing counsel to eleven inmates who have been denied parole (guys locked up pre-1994 are still parole eligible).


The National Lawyer’s Guild filed suit against DOC for refusing to allow inmates to order a legal self-help book. Prison Legal News filed a similar lawsuit over censorships of their paper, a monthly compilation of cases around the country involving inmates and prisons.


On September 2nd, U.S. District Court Judge James Turk, sitting in Roanoke, found “laughable” the Attorney General’s argument in an inmate censorship suit. In that case, the inmate sued because Augusta Correction Center refused him access, under Operating Procedure 803.2, to literary classics such as James Joyce’s Ulysses, DH Lawrence’s Lady Chatterley’s Lover and Nabokov’s Lolita (all three books appear on various “100 Must Read Books”). The reason for denying access to these books according to the Attorney General? Inmates read these books for the sex scenes depicted in them, then “barter” the books for goods and services.


The Judge – not a bleeding heart, a no-nonsense conservative – found the policy unconstitutional censorship. DOC has dozens of rules that are selectively enforced and/or vague and nonsensical that lead to litigation. Imagine the dollars Virginia taxpayers spend just on legal costs alone. Add that to the $1.1 billion annual budget and you start talking about “real money”.


In this case, Virginia DOC is well on the road to copying its neighbor to the west. Soon Virginians will be able to paraphrase President Kennedy’s famous words. When it comes to prisons, Virginians can say: “Ich bin ein Californian”.