Virginia’s current General Assembly is proving once again
that the “best and the brightest” are not drawn to politics. Some of the recent rhetoric regarding prison
reform would be downright laughable but for the effect those words and
accompanying votes have on those of us who are behind bars.
Three bills, three battles, hi-lite this fight. The first, restoring voting rights to
non-violent felons at the conclusion of their sentence seemed like a
no-brainer. Conservative Republican Governor
Robert McDonnell threw his support behind the measure during his “state of the
state” address. Noting that Virginia is
one of only two states that do not restore voting rights to non-violent felons
upon completion of their sentence, McDonnell said the following:
“As a nation that embraces second chances and
believes in redemption, we want more productive citizens and fewer people
returning to prison. Automatic restoration
of constitutional rights will help reintegrate individuals back into society
and prevent future crimes, which means fewer victims and a safer Virginia.”
How did McDonnell’s Republican brethren in the House of
Delegates react? They killed the bill on
its first day.
Republican Delegate Dave Albo stated in his opposition to
the bill, “When you vote, you get a share in how the country is run. I don’t want embezzlers to have this right?” Ouch, Delegate Albo! I’d argue the idiocy of his premise except I
highly doubt the good delegate would understand.
But, here are the facts.
One out of every eighty-nine Virginians is denied the right to vote
because of a felony conviction. This
voting exclusion hits minority citizens more as the likelihood of a non-white
Virginian being convicted of a crime is significantly higher than a white
Virginian (Blacks & Whites use drugs and commit crimes in the same
proportions yet Blacks go to prison for drug and other crimes far more often
than Whites).
Virginia a believer in the law? Let’s not forget, Virginia is the same state
that gave us “massive resistance” to the U.S. Supreme Court decision desegregating
the public schools. Public schools were
closed and white academies sprung up rather than allowing integration.
The Virginia General Assembly is the same legislative body
that allowed poll taxes and citizenship tests for Black voters up into the 1960’s. It is the same body that made it a criminal
offense to have interracial marriage (overturned by the U.S. Supreme Court in
1967).
Democrats have carried the past two Presidential elections
in Virginia and both senate seats. The
days of felons being systematically denied basic civil rights will come to an end,
even without Delegate Albo’s support.
And as for the good Delegate, I’d prefer to be a convicted
embezzler who turned his life around than an ignorant bigot. The Delegate has a lot of growing up to do.
The second issue that has failed to gain traction in the
Assembly is Delegate Patrick Hope’s attempt to lower the exorbitant phone rates
paid by inmates. Inmates, and their
families, pay outrageous phone rates through exclusive prison phone contractors
(Global Tel Link being a major player) who then kickback a 35% commission on
all calls to Virginia’s General Fund.
These rates, in some cases $2.00 for the first minute and ninety cents
each minute thereafter, hurt poor families more. They also run counter to the Governor and DOC’s
pledge to seek to keep families connected.
Inmates who maintain family support are more likely to not recommit.
Delegate Hope, a champion of prison reform, tried a new
approach this year. Keep the rates high;
he suggested only if the commissions were then diverted from the general fund
to prisoner re-entry.
On a party-line vote the Republican majority killed the
bill. GTL’s lobbyist breathed a sigh of
relief.
Finally, news came that Delegate Jennifer McClellan’s
attempt to increase good time earning levels for non-violent felons from 15% to
50% was tabled by another Republican controlled committee. Had the committee given serious consideration
to her bill, by 2018, the state’s inmate population would have dropped by 8,600
inmates at a savings of $200 million.
Delegate McClellan, in presenting her bill said, “This is
about giving non-violent offenders who made a mistake a little bit of hope.” Unfortunately, politics isn’t about
hope. The Virginia Association of
Commonwealth Attorneys opposed the measure.
Little wonder. Their funding is
tied to their conviction rate.
Many Republican politicians argued that increasing good time
would circumvent “truth in sentencing” and return Virginia to its former “parole”
system. I would suggest that spending
$25,129 per inmate annually to keep them incarcerated is a poor use of state
resources.
As I have repeatedly pointed out in the pages of this blog
site, “truth in sentencing”, is a misnomer.
Governor Allen’s abolition of parole did nothing to lower the recidivism
rate. All it did was dramatically increase
the number of men and women behind bars – from 9,500 to nearly 40,000 and
increase the size and cost of Virginia’s prison system (over 13,000 employees,
43 prisons, and in excess of one billion dollars annually).
I’m blue, not just in my jeans and shirt, but in my
core. I realize I have a vested interest
in each of these bills and I put myself in this situation by breaking the
law. But, you only need spend a few days
in this environment to realize Virginia’s corrections’ paradigm is an abject
failure. Too many people are behind
woefully mismanaged, filthy, unsafe prison walls for too long a time. Virginia’s prison system and harsh, inconsistent
sentencing guidelines are not making Virginia safer.
What it is doing is creating a class of disenfranchised
citizens who are denied basic voting rights. They get out of prison and find it difficult
to reintegrate into society (you wear a scarlet “F” as a felon in
Virginia). And it’s not just those
released from prison. Felons who have
completed their sentences have children and families. And, there is a general impression among
those behind bars – and their families and friends – that the system isn’t
fair. Having lived through almost five
years of this experience, I can honestly say there is much lacking in the
system. It is neither fair, nor just.
If there is any good news to report, the times appear to be
changing in Virginia. There’s a Governor’s
race this year and the Democrats seem well positioned. Perhaps, just perhaps, prison reform is on
the horizon. Still, I got them General
Assembly blues.
“I got them General
Assembly blues
From my head down to my
shoes
Whatever bill they
bring up
Us inmates are sure to
lose
Even if it makes sense
money wise
That ain’t what
delegates will choose
‘Cause they hate the folks behind bars
And nothing can change
those views
That’s why
I got them General Assembly blues.”
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