Full of It

One of my favorite holiday comedies is “National Lampoon’s Christmas Vacation”. In one particularly hilarious scene, Clark (Chevy Chase) looks out his front window and sees his half-wit cousin Eddie (Randy Quaid), wearing an obviously too short robe and boots, draining his motor home commode directly into the rain grate at the curb. Eddie looks up, sees Clark watching him and shouts “shitter’s full”. I thought about the scene as I read the March 13th entry in Virginia Statehouse News discussing prison overcrowding.



“Virginia’s state prisons are so packed that nearly 3,700 state remanded inmates are being housed in local jails,” per DOC spokesman Larry Traylor.


Traylor further added, “state prisons are filled to 165 percent design capacity. The number of prisoners at each state prison facility is limited in part by water and sewer capacity…”


Heh, Virginia, shitter’s full.


Less than two months ago the Richmond Times Dispatch wrote a glowing editorial about then Governor Allen being a genius for abolishing parole. The editorial talked about “a glut of beds” in DOC facilities. Mr. Traylor, curiously, was silent.


I wrote a scathing rebuttal to the editorial. I’m no genius, but just by spending an hour inside the wire and you quickly recognize the prison system is grossly overcrowded, incompetently managed and a significant drain on the Commonwealth’s resources. Do I feel vindicated that DOC has finally admitted the obvious? A little. But, vindication won’t come until a politician (take a hint Governor McDonnell) has the courage to push for early release. Without sentencing reform, the system will never be fixed.


Last term, the United States Supreme Court heard an appeal from California over their overcrowded prison. Ten years ago inmates won a federal lawsuit against California arising out of the abysmal living conditions present in prisons holding inmates at 177 percent of capacity. The Federal courts ordered California to alleviate the overcrowding problem. For ten years, California did nothing.


Finally fed up with the state ignoring the rule of law, the court ordered that 40 percent of the system’s inmates be released. California reacted with shock. “You want us to do what?” Virginia isn’t far behind. There is absolutely no reason for the vast majority of inmates currently housed in Virginia’s prisons to remain there for the life of their sentences. The prison system does absolutely nothing to correct the behavior that led to the crime. It is nothing more than a warehouse; providing inadequate care, treatment and living conditions for 38,721 adult inmates (as of September 30, 2009). Virginia’s prisons are, in fact, criminal.


But, admitting the system is full isn’t easy. Consider this “brilliant” insight from Virginia Delegate David Albo (R-Springfield), “there are no nonviolent offenders in prison.” Really? So drug users are classified violent? Probation violations? Driving charges? Grand larceny and embezzlement? Never knew that Del. Albo. Apparently neither does the Virginia Sentencing Commission or the Virginia Courts who specifically classify those listed crimes as “nonviolent”.


For giggles and grins, let’s agree with Del. Albo. Every “bad person” in prison is here for a violent crime. Why then, do states with more progressive sentencing and early release options show: (1) lower crime rates and (2) the same recidivism rate as Virginia? What is clear on its face is Del. Albo points out, the hypocrisy of Virginia’s current prison system. There’s no “correction” in this system. There’s only punishment, pain and retribution. And, those three things belong in the sewer, not as government policy.


I heard Peter, Paul and Mary sing “Where have all the flowers gone” the other night. As they sang the chorus again (“when will they ever learn?”) I thought about Mr. Traylor’s admission and Delegate Albo’s ignorance. When will Virginia learn? Prison reform – early release, effective rehabilitation programs – must be implemented. The system is full!