A Response to Governor McDonnell

Dear Governor:

I intently read your office press release concerning recent legislation you signed to push your prisoner re-entry initiative forward (http://www.alexandrianews.org/2011/06/governor-mcdonnell-signs-prisoner-re-entry-legislation/).  I also read your online op-ed piece (http://www.riponsociety.org/112bm.htm) touting prisoner re-entry which appeared on the pages of “The Ripon Forum”.  Ironically, I had to wait until someone on the street sent copies of these to me.  Even though I serve as an academic aide in one of your re-entry pilot programs – this one training inmates in computers – we aren’t given access to the Internet.

Like the folks in Syria and Libya, I am one of approximately 40,000 incarcerated persons in a Virginia prison yearning for freedom.  Like those people in the heart of “the Arab Spring”, I am cut off electronically from the outside world.  And like those people, I hear politicians speak and write each day in lofty platitudes about “freedom” and “second chances”.  But, as my Grandfather used to say “actions speak louder than words”.  You talk a good game Governor.  But, as you will see below, there’s no action behind your words.  If you really do believe “everyone deserves a second chance”, then cut the bs.  Stop the quick campaign slogan gimmicks about “public safety” which have absolutely nothing to do with the operation of prisons or the failures of “truth in sentencing” laws which instead just lead to a bloated, money down the drain, criminal justice bureaucracy that cannot be sustained. The legislation you recently signed will do nothing to lower recidivism rates in the Commonwealth.  The legislation, simply put, doesn’t address why some men and women commit crimes, nor does it address the attitude most pervasive in here:  the system isn’t fair.

Start with your comments about “truth in sentencing” and Virginia’s abolition of parole.  Statistics can be used to skew the truth.  It’s obvious you know that.  Yes, Virginia – per the recent Pew Center study – has the seventh lowest recidivism rate in the country.  But, the rate was actually lower when parole was in place.  As for “truth in sentencing” you know better than anyone the vast majority of states have adopted the same laws.  Why then are non-violent felons sentenced to substantially shorter sentences in the neighboring states of Maryland and North Carolina?  Why does the state most comparable to Virginia in population – Massachusetts – have about 11,000 inmates while Virginia has 40,000?

The reality of truth in sentencing is there is no truth to it.  Real examples for you to ponder:

·         A woman steals $2.3 million from a Norfolk business and gets 28 months. 

·         A Republican political hack steals $4 million in public funds and has a conviction for public indecency on his record (you know the case Governor.  When you were Virginia’s AG the investigation came across your desk and suddenly got misfiled) gets 10 years.

·         An employee in Fairfax steals almost $2 million, causing the company to lay people off.  He gets 4 years. 

·         I steal $2.1 million over twelve years; pay back over one third prior to sentencing, cooperate fully and accept responsibility for my actions and get 15 years.  

Sadly, the examples I just set out happen every day.  It’s called sentence disparity, Governor.  We sentence petty drug dealers to more time than child pornographers.  My sentence is higher than the dozens of child sex offenders I’m doing time with.

“Truth in sentencing” doesn’t exist.  Your sentence is dependent on the harshness of the judge, the case load of the prosecutor’s office, publicity surrounding your case, and the quality of your defense attorney.  What the abolition of parole and “tough on crime” rhetoric has led to is a prison system at 137% bed capacity, spending for DOC at over $1 billion a year, with no lessening of the recidivism rate, and those beds filled primarily by non-violent felons.  The “truth” Governor:  this isn’t about public safety; it’s about justice and economics.

Your press release and op-ed tout the work your Department of Corrections is doing to turn inmate lives around.  Have you ever been to one of Virginia’s prisons?  Go to C3, Powhatan Receiving Unit.  This time of the year the 10 X 6 cells hit 95°.  Chances are you’ll be put in with a sociopathic gangbanger who’s killed two men already for wearing rival colors.  Maybe, you’ll get to do time with a child molester who’ll be interested in pictures of your kids.  Yes, Governor, that’s your DOC receiving unit.  And that doesn’t include the toilet leaking, the roaches and ants crawling over everything.  That’s the system you’re overseeing Governor and it is broken, unyielding and cruel.  And Sir, as Governor, you are responsible for it.

I can’t speak for all the incarcerated, but to a man, the ones I have talked to think you’re just another politician feeding the public a cartload of manure.  “He doesn’t care about us” is the most common refrain I hear in this place.  Imagine trying to convince men that you really are sincere.  I’m labeled a hopeless optimistic.  “These guys say this all the time when they’re in office, but nothin’ changes.”  Makes me feel like a young Natalie Wood in “Miracle on 34^th Street”.  See Governor, one thing this experience has taught me is, we’re lost without hope.  So I believe in you.  “I believe.  I know it’s silly, but I believe.”

Instead of travelling all over Europe, drive out to Lunenburg and talk to a few of us.  We’re the guys who are spearheading the pilot IT Certification program for the forty at risk guys.  You may not like what you hear from us, but it’ll be a damn sight more honest and on point than what your own people are telling you.

For example, at this facility we have a college dorm with seven academic aides and almost eighty students.  Ask any teacher who comes “behind the walls” and they’ll tell you the same thing:  these guys have a hunger, a desire, to learn that isn’t seen on the street.  That desire is what motivates me to work my regular thirty hours a week as an adult basic education aide and then put in twice that amount of time – without pay – to tutor these guys in English, History, Philosophy, computer and a creative writing program.

This program, partnered with Goodwill (God bless those people) and Southside Community College can be a model for prison education around the country.  What does DOC do?  They assign a head warden here who said in a meeting to these college students “I don’t know much about this college re-entry program”.  Then, DOC puts an aggressive Assistant Warden in place who is openly opposed to the program.  His own officers have warned men in the college building “he wants us to come down on you.  He hates the building and all it stands for”.

So Governor, you can talk about re-entry all you want, but if your people don’t buy in, it’s doomed from the start.

And then, there’s early release.  You know why inmates don’t believe in you?  Because you keep peddling the false notion that longer sentences work.  They don’t.  Length of sentence bears absolutely no correlation to crime rate or recidivism rate.

What does work?  How about this.  Tie good time/early release into educational, vocational and rehabilitative programs.  An inmate who actively works at change and accepts responsibility for their crime should get out early, say after 25% to 50% of their sentence is served.

The fundamental flaw in your logic is you think making a criminal do a long prison sentence will make them feel more remorse and responsibility.  They’ll come out better citizens.  That Sir is backward.  The longer a person stays in prison, the more bitterness is created.  Every day in here is a day to lose hope.  You want prisons to be places of rehabilitation and restoration?  Turn the system on its head.

Governor, you talk a great deal about your faith.  The Book of James reminds us of two significant points:  faith without action is not faith and God’s judgment will be merciless on those who fail to show mercy.  Jesus dined with the prostitutes and the tax collectors.  If He were here, He’d come out to Lunenburg.  He also told the adulteress – seeing her remorse – “I forgive you.  Go and sin no more.”  He didn’t set an 85% minimum sentence on her.  That should be the model we follow for incarceration.