The Woodrum Effect

Shortly after the beginning of the New Year, Virginia’s General Assembly will reconvene and address a host of budget amendments to the 2012-2014 budget recently proposed by the Governor.  This country, this state, is at a fiscal crossroads.   As a nation, we take in roughly two trillion dollars each year in revenue which is meant to fund the complete operation of the government.  Unfortunately, operating the behemoth known as the Federal bureaucracy costs over three trillion dollars annually.  Simple math tells us we are spending our way into destruction.

Virginia politicians, regardless of party, can be counted on to tell the voters how this state is run so much better.  Virginia has a surplus; Virginia has low unemployment and low taxes.  What these politicians neglect to tell the citizenry is that per capita, Virginia enjoys unparalleled access to Federal largesse.  This state receives vast amounts of Federal dollars through a huge Defense Department footprint in the Commonwealth and our geographic nearness to Washington, DC.  Other states’ tax dollars find their way to Virginia.  We “get” more than we give.

The second oversight is Virginia’s retirement system.  It is currently only funded at slightly more than sixty-five percent of the required dollars.  The Commonwealth has placed “IOU’s” in VRS.  “We’re good for it”, they’ll tell you in Richmond.  Tell that to the millions of retirees in Greece, Spain and a host of other near bankrupt countries.

Spending outpaces revenues. No amount of creative government accounting can slow the inevitable crash of this state’s, this nation’s, economic engine into the wall of debt.  But, this isn’t about macro-economics (though the irony isn’t lost on me that I, and thousands of other “white collar” criminals are in prison for just the sorts of shady accounting and “borrowing” that get politicians reelected), it is about the cost of prison, a cost that is continuing to grow in both the dollars spent and the damage done to Virginia families.

Virginia has a unique piece of legislation called the Woodrum Amendment.  Passed during this state’s orgy of spending on corrections (all done with Federal grants since dried up), it required that any change in the criminal code or any capital building program for DOC which would lead to an increase in the inmate population in the succeeding six years had to be funded with real dollars in year one.  The hope was that politicians wouldn’t play games:  You want to say you’re tough on crime, fund it. 

Unfortunately, the Woodrum Amendment has now become just another economic footnote.  Language is included in all criminal justice bills under the guise of complying with the amendment’s requirements.  For example, one budget amendment currently pending seeks to change the definition of “computer network” to include smart phones and tablets when dealing with child sexual solicitation.  This is a needed change, but the Governor has only budgeted $50,000 for the fiscal year 2014 increased prison cost.  At $25,000 per inmate, is he only expecting two incarcerations in the entire year?  Woodrum means nothing.

More significantly, the Governor proposes to amend the 2012-2014 budget to include $14.3 million to open River North Prison in Grayson County.  This is a political hot potato.  Grayson County has a higher than average unemployment rate.  Locals have repeatedly called on the Governor to open the prison (it currently sits vacant and unused).  At the same time that McDonnell has announced plans to finally open the facility, he has advised DOC that he is considering an additional round of prison closings (juvenile centers have already been told they are shutting down) and officers have been advised there is no longer overtime available (funny how much disgruntled officers will tell you).

There’s more.  The Governor has also asked for $10 million to “reduce exposure from not selling Brunswick prison”.  Brunswick was closed in 2009.  It and six to ten other facilities sit vacant in rural counties with high unemployment, and ever increasing hopelessness.  Meanwhile, the remaining prisons house more and more inmates as dollars dry up for programs that actually rehabilitate.

It now costs over $25,000 per year to keep a person incarcerated in a Virginia prison.  There are thousands of DOC inmates awaiting transfer from local jails to DOC custody (local jails are paid by the state to temporarily house DOC inmates).  DOC is at approximately 125% of capacity.  Facilities such as this one built to house 800, routinely hold more than 1000.

The system is straining under the ever increasing cost for inmate medical care.  At our facility, there is over a six month wait for teeth cleanings as the dental contract provider has been unable to replace the dental hygienist.  More inmates are aging, requiring more medical care for chronic conditions.  The increase in needle drug use outside has led to an explosion in hepatitis and HIV cases behind the wire.  MRSA and other infections routinely breakout in Virginia’s prisons.

Meanwhile, Governor McDonnell visits Greensville Correction Center (home to the state’s death chamber) to tout his re-entry initiative.  He applauds the college program yet neglects to say that not one dollar of state money is used in any Virginia prison college program (even more shocking is the fact that a college degree earned in prison does more to break the cycle of recidivism than any other rehabilitative program).  And, DOC spending continues to stay above one billion dollars annually.

As in prior years, a few brave legislators will propose dramatic changes to Virginia’s prison paradigm.  They will propose increasing earned good time credits for those inmates who actively attend programs and seek education.  These few legislators will propose new sentencing initiatives that keep many, but not the violent offenders, out of prison.  And, sentence changes will be suggested that bear some relationship to the severity of the crime.

I would suggest one more change.  Give the Woodrum Amendment more teeth.  A cost benefit analysis should be required for every nonviolent inmate sentenced to prison.  Alternative sentences work effectively, especially with property and financial crimes.   The state should no longer be allowed to operate facilities above capacity without providing meaningful treatment.

Over the holidays, I have received many personal wishes of support from people I’ve met during my stay here and who stood by me following my arrest.  I have been heartened to read one uniform thought:  “Why do we allow politicians to do this?”

I approach 2013 with more optimism than ever since my arrest.  As the writer of “Amazing Grace” declared, “I once was blind, but now I see”.  There is hope.  The times, “they are a changin”.  I started this posting dealing with economic realities.  I end it with faith.  The economic uncertainties of 2012 will lead to courageous political will in Richmond in 2013.