A Letter to the Director

Dear Readers: 
Effective January 1, new dorm rules were instituted at Lunenburg.  Many of these rules are quite trivial.  They concern issues drilled down to the minutiae, such as how many books are allowed on your shelf, where laundry bags must be stowed, and the like.  Most are a mere annoyance and inconvenience.  But, in many aspects, that describes prison.  The rules make little sense and bear even less relationship to the security of the institution or the mission of the institution which is namely to serve as a re-entry facility for offenders preparing to return to society , housed in a humane environment, with emphasis placed on programs which foster rehabilitation. 

Prison is a difficult environment made even more difficult when those in charge act in an arbitrary and capricious manner, flouting not only the law but basic human decency.  Such is the case currently at this facility.  If the Governor and his DOC Director are serious about breaking the cycle of recidivism amongst the incarcerated then it begins here, at the institution level.

Week after week I seek to give people a snapshot of the insanity, the silliness that passes for prison.  But, you can never forget no matter how much I gloss it over, prison is a dangerous place.  You deprive someone of basic rights in the name of security and then you add to that by being disrespectful and disingenuous, and the results will not be pretty.

Malcolm Young, founding executive director of the Sentencing Project, recently wrote the following: 

“Except among highly committed corrections staff, advocates and a handful of political leaders, it is difficult to discern direct evidence of a genuine consensus favoring reductions in prison populations.  So far, neither the dollar nor human costs of a massive system of incarceration and its racial and class impacts, have ignited a widespread, energized, political or social movement opposite of that which resulted in mass incarceration.  This has to be a concern if there is any chance of reversing four decades of prison expansion.”

The simple truth is there is no reason for many of us currently incarcerated to remain so.  It is a waste of precious resources and exists because of the illogical conclusion that long, harsh sentences effectively punish crime.  Nothing can be further from the truth.  I remain hopeful that with the appointment of Harold Clarke to lead Virginia DOC, real, dramatic and effective change will occur in the Commonwealth’s prison and sentencing philosophy and many of us will be restored to society sooner, rather than later.  But hope, I fear, is fleeting.  The mindset of the administrators of the facilities must change and Mr. Clarke himself must become an advocate for real change including early release credits tied to inmate performance.  It’s a difficult task, but not impossible.  The following letter is being sent to DOC Director Clarke.

-----------------------------------------------------------------------------------------------------------------------

Dear Mr. Clarke –

I hope you are enjoying the New Year.  I am currently incarcerated at Lunenburg Corrections Center in Victoria Virginia which, as you know, is a level two facility and one of ten “re-entry facilities” as designated by Governor McDonnell’s Offender Re-Entry Initiative.  I write you directly to make you aware of recent policy implementations made by your administrative leadership here.  Ultimately, you, as Director, are responsible for the policies and actions of those in charge here.  And, many of the policies implemented run counter to the purpose and goals behind both the Governor’s directive and your publicly stated views on corrections.

As you know, the United States Supreme Court in its last term handed down the decision of Brown vs. Plata specifically finding the California corrections system to be in violation of the 8^th Amendment’s prohibition against cruel and unusual punishment.  The Court found California’s system to be plagued by substantial overcrowding and gross mismanagement leading to inadequate medical treatment and rehabilitative services for the offender population.  Those same issues confront Virginia’s prison system. Simply put, with the tireless exception of the dedicated employees of DCE – and their offender aides – there is little “correcting” going on here.

As you know, both Virginia administrative code and A.C.A. (American Correction Association) regulations indicate that Lunenburg is excessively crowded.  I live in a building (side A) dedicated to college programs (I work as both an adult basic education and college tutor).  Ninety-six men – four rows of twenty-four double bunks – are packed into our side.  We have less than ten square feet of personal space – another ACA violation.  We share three urinals, five sinks, and four showers – also a violation.  There are typically only two officers assigned to our side and its mirror image side next door.  That’s two officers for almost two hundred inmates.  At least once a week the water turns dirty brown.

Lunenburg, as a re-entry facility, is supposed to be preparing men to return to “the real world”.  Instead of providing offenders more freedom, more responsibility, this administration does just the opposite.  For example, new dorm rules were recently implemented allowing only one inmate at a time access to the bathroom during “quiet hours” (midnight until 5:00 am).  Imagine as an adult man having to ask permission to urinate in the early morning.  As you know, the 8^th Amendment to the Constitution (as interpreted by Federal Courts) considers denial of access to bathroom facilities cruel and unusual punishment.  The “new rule” bears no reasonable basis to security (rules are already in place to prohibit homosexual activity and tobacco and drug use).  Officers can enforce these rules instead of this new rule which your own officers acknowledge does nothing other than raise the stress level in the buildings.

The recent emphasis on enforcing DOC’s grooming policy (clean shaven with the exception of a neat moustache) has generated considerable pushback most notably because many of your own officers arrive at work unshaven and in dirty uniforms.  There is a noticeable lack of physical fitness and professionalism in your officer corps including numerous Sergeants who cuss and holler at inmates.

Finally, the current administration has used the disciplinary hearing process as a Kangaroo court.  Officers routinely write inaccurate, unsustainable charges that fail to comply with the procedures set out in DOP 861.1 and which are required as part of the due process guarantees an inmate is afforded.  As a former attorney, I can assure you, given your officers lack of knowledge on proper charge writing, almost every charge could and should be dismissed.  I do not object to enforcement of the rules.  But enforcement must be proper and favoritism not shown.  Too often, inmates who provide useful information to the officers have officers “look the other way”.

More disturbing, the warden and assistant warden use convictions of minor infractions (series 200 charges) to arbitrarily reduce an inmate’s good time earning level.  At a time when good time earning should be increased, for those actively seeking to rehabilitate and improve themselves, the administration here is trying to take what little number of days we earn already.  This, in fact, violates DOC’s own DOP (830.3) regarding earned credit level adjustments.

And finally, with education – primarily a college education – being the primary determiner in breaking the cycle of recidivism, why are you not advocating DOC funds for continuing the regular associate degree college program?  As you know, federal grant money for associate degree college education is expiring.  Without state funding – or a private foundation intervening – forty young men, who I can personally attest are diligently studying and attending classes in less than ideal circumstances, will see their college educations stop.  With the loss of an opportunity to earn a degree in here comes bitterness and hopelessness.

Mr. Clarke, I have noted your excellent progressive record in prison reform in your prior positions.  I also believe you are a man of deep personal faith.  I humbly ask you to prayerfully consider what I’ve written.  Come see for yourself what truly is going on here.  Come to Lunenburg and talk to those of us who are doing our best to help others and restore ourselves to our communities.

I believe you know full well Virginia’s corrections paradigm is at a crossroads.  Many of us presently held, can – and should – be given the opportunity for early release.  Resources could then be earmarked to 1) provide secure and humane incarceration to the community, and 2) provide adequate program and treatment services to ensure soon to be released offenders no longer re-offend.

I thank you for taking the time to read this letter.  You are in my prayers.

Very truly yours,

Lawrence H. Bidwell