The Task Force Speaks

I received a copy of the December 2009 Report and Recommendations from the Virginia “Alternatives for Non-Violent Offenders” Task Force. The task force was created by the Secretary for Public Safety to address the “difficult fiscal situation” the Commonwealth faced, specifically finding ways for DOC to downsize. “The times, they are a changin.”



DOC spends a great deal of time and money hiding the truth about the actual costs to taxpayers. Politicians – Democrats and Republicans alike – want the “law abiding public” to believe Virginia can continue to lock inmates up for long sentences, deprive them of parole or other forms of early release, and maintain a “tough on crime” approach without regard to the long term costs. Folks, you can’t have it both ways. Continue to run prisons as you have and it will cost you. You can’t have quality schools, medical care, roads, and low taxes and continue incarcerating people at the current rate.


Here are the facts right from DOC:


1) In 1982 there were 9,192 inmates, at the close of 2009 - 38,387. That’s a 300% growth.


2) Beginning in 2008, operating budget for DOC exceeded $1 billion, an increase of almost 74% since 1998.


3) The state inmate population is expected to reach 40,000 by 2015. Community corrections supervises another 59,000 offenders.


4) Virginia’s elimination of parole in 1994 has led to substantially longer sentences, which has led to a dramatic increase in the number of inmates housed.


5) Approximately half of all new prison admissions in 2008 were non-violent offenders (45.2%). Of those, 39.7% were convicted of larceny or fraud type crimes, 25.8% of drug possession.


6) Virginia has an abnormally high incarceration rate and low community supervision rate – the fourth highest rate in the country.


7) In 2009, the cost to house one inmate rose 6.6% to $24,667.


8) To build a 1000 bed facility costs $100 million and over $25 million each year to operate.


9) Virginia spends 20 times more a day to house an inmate than supervise one in the community: $66.62 per day vs. $3.39 per day ($739.70 million versus only $78.04 million spent on community corrections which manages almost 20,000 more offenders).


10) Costs to operate prisons continue to increase even as budget cuts have caused layoffs in DOC (the largest state agency with over 13,000 employees) and a shortage of bed space.


All of these ten facts came directly from data provided by DOC and governmental agencies responsible for the budget. These are the rantings of a “bleeding heart liberal”. No, these are the cold calculations of the very people who direct, manage and budget for, the Virginia prison system. It is a costly failing venture and it’s getting worse.


I have been incarcerated 27 months. My crimes: over a 12 year period I embezzled $2.1 million from my employer (five counts) and at one point I created a fictitious letter from the Virginia State Bar for my personnel file (one count forgery of a public document). On the date of my sentencing I signed a settlement agreement with my employer. I agreed to plead guilty to all six counts, no documentation required by the Commonwealth. I transferred assets worth over $500,000 in partial restitution. The company allowed my wife and I to keep our house, personal property, college funds for our kids, and cash funds. I then gave my wife everything in a property settlement (“coincidentally”, my wife, within 30 days of me signing everything over to her, filed for divorce. True love is beautiful).


My sentence guidelines were one year to five years, one month. I did not realize, however (and my lawyer in a letter specifically failed to advise me), that each count carried a separate sentence. The judge sentenced me to serve five years per count. He then suspended 2 ½ years off each sentence. I am serving six consecutive 2 ½ year sentences. Ironically, the sentence guidelines for second degree murder are ten years to 22 years. I have a longer sentence than many murderers, rapists and armed robbers.


Did I deserve to be incarcerated? Yes. I broke the law. I broke my employer’s trust and stole a significant amount. However, I did not deserve the sentence given. Nor is it justifiable from any economic or rehabilitative premise. In short, I am the face of all that is wrong with sentencing and incarceration policies in Virginia.


My case is just one example of money being wasted. Each year I stay in prison the cost to keep me increases. I am being maintained and supported on the public dole. I have free medical and dental care (there is a small copay and the doctors are incompetent). Meanwhile, tens of thousands of Virginians have no medical coverage.


I pay no taxes. I am unable to pay restitution to my employer. I am unable to help raise and support my younger son.


Are there alternatives available? Yes. Put me on supervised probation. Let me use my education and skills to be a working taxpaying member of society. Let me pay restitution and support my family and community.


The fact is over $1 billion is being spent to incarcerate inmates in Virginia. There is sufficient money for programs to educate, train and rehabilitate. House and hold. By and large, that’s all $1 billion is getting Virginians. That and a bloated, inefficient agency that is sucking money away from schools, roads and healthcare.


These aren’t the observations of a disgruntled inmate. These are the facts known by the Governor, every member of the General Assembly, DOC itself.


It is time for courage and daring on the part of Virginia’s politicians. It is time for honesty about the true cost of running DOC. It is time for early release of nonviolent felons and real treatment and rehabilitation programs for violent felons.


As Bob Dylan sang and the task force showed “the times they are a changin.”