Graduation Day

Yesterday forty-one men, convicted felons, failures, losers, refuse; graduated Southside Virginia Community College.  In a ceremony conducted by the college with four members of the House of Delegates present, a dozen senior administrators from DOC, the Assistant Director of the State Council of Higher Education, the head of the Department of Correctional Education and 150 to 200 family members and friends, these forty-one men were conferred degrees and program certificates.  I have been incarcerated over three and one-half years.  Yesterday was the first day I felt joy, true joy, as I contemplated my experience in prison.  It was a day I felt truly blessed and loved by God who has opened my eyes to so much.  It was an extraordinary day.

The day before graduation I was in an IT class with a wonderful professor.  Class had concluded and I was busy packing and recharging the students’ laptops and preparing the room for that evening’s American History class.  The instructor – a woman I have worked with for over a year – was packing up her satchel.  We were talking about her son – a senior at Virginia Tech – and the students, gauging how they were doing.

Ms. T looked at me and spoke.  “I hope you don’t mind me asking, but I remember when you were arrested, how do you remain so upbeat?” She asked, not in an accusatory or morbidly fascinating way, but in a caring way.  And I told her briefly about the struggles in jail, receiving, the pain and regret of my divorce.  But, for some reason - and I’m not even sure why – I said “I think God’s been trying to tell me something.”

Ms. T’s smile broadened.  “Oh Larry.  Do you know why I love teaching here?  My faith tells me I’ve sinned.  I’m no better than any of these men in here.  I have to be merciful.  We’re all God’s children.  He’s blessed me with this teaching opportunity.”

Graduation Day.  Usually mornings in the building are quiet and slow.  There’s a small morning “crew” - Craig, Saleem, DC, Mike and me – who are up around 4:00 and maneuver through the showers, iron shirts, and the like all before 6:00.  But, this day was different.  By 5:30 the building was alive, every shower, every sink in use.  Guys were six deep for the iron.  Everyone wanted to look their best.

And there was some disconcert in the building.  The graduation, originally scheduled for December, had been moved to January to accommodate the Governor’s schedule.  The Governor, who regularly talks of offender re-entry as a cornerstone of his administration, suddenly “remembered” the General Assembly was in session.  He was too busy with the legislation to drive out.  And, if the Governor was too busy, so were his Director of Public Safety and his Director of Corrections.  Governor McDonnell, it seemed, could take time out of his schedule to endorse Mitt Romney for Republican candidate for President.  He couldn’t spare a few moments for the incarcerated.

At 8:30, the call came across the intercom, “college graduation participants head to program building”.  The 4A and 4B doors popped and off we went; forty or so men heading down the boulevard and around to the visitation room and gym.  The soon to be graduates headed to the library to dress in their caps and gowns and hoods.  Craig, DC and I headed to the VI room to help Ms. C, our principal, and the woman who along with her husband, Dr. C – President of Southside Community College – had dreamt of this program and this day and by their determination secured the grant and the blessings of the powers that be to make the college dream a reality. 

The three of us got to VI expecting the hassle, the pat down, the sneers of the shift officers assigned to clear us.  That wasn’t what we got.  The dayshift captain was there.  Normally a stern, abrupt officer, he was relaxed.  “Let’s get these fellows in”, he said and his officers gave a light pat down.

We helped assemble our grads in the VI room as dozens of family members and friends of the grads walked passed heading to the gym for seats.  I saw Big S’s brother step through the door with his daughter who gave a big wave to her daddy in his cap and gown.  Faculty from the college joined us and began putting their academic regalia on.  Photos of the class were taken.  And, promptly at 10:00, the processional began.

The sound system began the pre-recorded strains of the theme from “Chariots of Fire”.  I love the movie and the music.  For those not familiar with it, “Chariots of Fire” was an Academy Award winning movie based on the life and friendship of two of England’s greatest runners before the First World War.  One, Eric Liddell, was the son of Protestant Missionaries.  He was a beautiful gifted runner who moved with grace and fluidity.  Asked by a reporter to explain his running ability Liddell simply said “God smiles when I run.”  I think of those five simple words often, how when we do the seemingly effortless things, when we are both relaxed and focused, God smiles, knowing we sense the gift He’s given.

And so it was with our graduation.  On a morning which began with wind and rain, the sky cleared, the sun shone, the graduates proceeded forward and I felt God indeed smiled.  The ceremony was brief:  one hour.  DOC’s Regional Director, an early forties soft spoken black man, told the students Harold Clarke – the Department Director – believes in education for prisoners and, more importantly, believes in second chances.  And then came the conferring of degrees and certificates.  Each man stepped forward and received his diploma.  The academic aides were then called forward individually to receive recognition.  A photographer snapping photos, family members applauding, it was a real graduation; for those moments there was no “campus behind walls”. 

At the conclusion of the ceremony Dr. C rose for a final few words.  In a heartfelt gesture, he thanked the men for making his dream come true.  He reminded them they were unique, “the only program of its kind in America”.  And then he added, “And on Monday we travel to accept the prestigious Bell Award for outstanding innovative program in a community college.”

Recessional and then a meal.  The food?  It was the best meal I’ve had since August 18, 2008.  Provided by the college – and prepared and served by the men working in the prison kitchen – it was simply delicious.  Thick slabs of roast beef, real chicken breast, mashed potatoes, green beans, buttered rolls and salad – yes, fresh greens, cherry tomatoes – with homemade peppercorn ranch; heaping bowls of fresh fruit:  three kinds of grapes, cherries, pineapple, apples, honeydew, cantaloupe.  Plates were piled full and everywhere faculty members ate with the men and their families.

And something altogether unprison-like occurred.  There was no “count”.  The officers merely counted ID cards and then grabbed plates and ate with us.  For those few hours there were no “us” and “them”. There was only “we”.  “We” celebrated the achievements.  “We” felt part of something special.  “We” felt blessed.

A number of the grads asked me to get in pictures with them.  I was introduced to parents and wives and kids and it was always the same.  “This is the man I told you about.  He helped me get through the classes.  I couldn’t have done it without him.”  I felt overjoyed.  I felt blessed to be a part of this experience.  And, I felt God smile.

Later, surveying the room the Regional Director and one of the members of the House of Delegates waved me over.  “Thank you for all your efforts”, the Director told me.  In a polite fashion, I told him the efforts we – the offenders – needed to see from Richmond.  “If you really believe in re-entry, you’ll create incentives – more good time earning – for guys like these who are busting it every day to turn their lives around.  We need early release.”

Surprisingly, the Director agreed with me.  “We do need it Larry.  But this man is who you have to convince.”  The Delegate looked at me then with a smirk said, “And even in this tough economy, the crime rate has dropped.”  “In my humble opinion, and you know the studies as well as I do, sir, your policies have nothing to do with the crime rate.  It’s time Sir that you and the other delegates speak honestly about the prison system”, I responded.

We continued to speak for another fifteen minutes.  “You gave me some things to think about”, the delegate said as we shook hands and parted company.

Later in the afternoon I returned to the building.  I lay on my bunk, and drifted off to sleep.  I dreamt of a time years ago when my family was at Hilton Head.  It was a glorious summer day and we were boating on the Westside of the island.  My wife and sons smiling, sitting back enjoying the warm breezes.  We approached the end of the island and I could see where the Inland Waterway merged with the Atlantic.  And the sun gleamed on the Atlantic and the water appeared to go on forever.  And I looked at the water and felt free, at peace and blessed.

I woke from my dream with my heart full.  I was free.  I was at peace.  I was blessed.

Teaching Assistants

January 17, 2012

Talking Re-entry (or The Turd in the Punchbowl, Part 2)

Governor McDonnell delivered his “State of the Commonwealth” speech last week to both Houses of the Virginia General Assembly.  As with any political speech, the Governor lacked specifics and spent the vast majority of his words on applauding his own efforts to solve the problems of the Commonwealth, problems that coincidentally haven’t lessoned on his watch.

I dare say, a higher percentage of residents inside our “learning community” watched the Governor’s address than the law-abiding, taxpaying residents outside the wire.  Maybe it’s because we know that just a few words during the speech could make all the difference for the vast majority of us living inside here.  Will he mention earned good time, early release or even – dare I say it – parole?  We watched. 

So we listened, listened as he calls on the delegates to strengthen the Virginia Retirement System, without mentioning his own hand in increasing the funding deficit.  We listen as he calls for more funding for schools and slowing the growth of tuition increases in state colleges and universities all the while knowing he’s willing to continue supporting a prison system that saps over $1 billion annually to hold 40,000 inmates, the majority of whom are nonviolent and low custody offenders, and continues to support and encourage a prison industry system which overcharges state schools and agencies for their products.

We wait and we listen, listen for mention of “corrections”.  And then it comes and we all see the turd in the punchbowl yet again.  Not one word about the absolutely criminal state of Virginia’s prisons.  Not one word about the abysmal 400% growth in inmate population in the last fifteen years or even higher spending increase given DOC over the same fifteen year period so that today one of every eight general fund dollars, $1,133,000,000 in 2013, will be spent on the state’s largest bureaucracy:  DOC and its 13,000 plus employees.

No, instead he said money must be given to cover the expenses necessary to help offenders “re-enter society”.  After all, he noted, “over ninety percent of the incarcerated will be released…”  Throw in a few fibs:  “our program is working.  Crime rates and recidivism are down…” and Governor McDonnell moved on to his next “great” initiative.  And the guys in the building?  They just sat there wondering how anyone with a lick of sense can keep buying the same b.s.

Here’s what the Governor didn’t tell you:  every state is facing a significant financial crisis.  The world economy is in trouble.  The US deficit is now the size of the total economy – meaning cuts must be made.  Friends, we aren’t Greece, not yet anyway.  But we’re headed that way.  There’s less money and state government must get smart with its spending.  Keeping 40,000 men and women locked up is neither smart, nor economically sustainable.  That’s the turd in the punchbowl.  So far, no politician has come forward with the guts to admit it.

As mentioned above, Virginia isn’t alone.  A few weeks ago Kentucky released 1,000 inmates.  Last year Kentucky (and six other states) revamped its sentencing laws to utilize alternatives to prison for most non-violent felons.  And then there’s Oregon.

Oregon is facing a $3.5 billion shortfall in their 2011-13 biennial budgets.  The former Governor (the current Governor also signed on) issued an executive order to re-evaluate “who is sent to prison and for how long”. 

Oregon had to face the realities of a “tough on crime”, versus “smart on crime” approach to incarceration.  Compare their numbers to the abysmal results in Virginia:

-        Since 1987 Oregon DOC expenditures increased 209%.

-        Oregon DOC’s two year budget is $1.36 billion.

-        Oregon’s DOC spending accounts for 53% of its public safety spending and one out of every ten general fund dollars.

-        In the last 20 years, Oregon has doubled the number behind bars, even while the crime rate went down.  Why?  Because of increased sentence length and decreased good time earning.

And to think, Virginia’s numbers are even worse.

But Oregon’s Governor has political courage.  He asked the voters of the state “Have we more than doubled our investment in students over the same period?  Not even close.”  He went on:  “Our long term goal is to invest in people not prisons…”  He vowed to spend resources in a way that keeps dangerous people locked up.  But then said this:

“We have a real dichotomy…locking up more people versus providing our children with a better education.  There is a great imbalance between how we invest in incarceration and how we invest in education…It’s not fair.  And, most of all, it’s not smart.”

And what has Oregon’s experiment with a creative early release program that rewards inmates who actively work to better themselves shown?  As the outgoing Governor noted “reduced prison sentences or alternatives to incarceration are likely to produce the greatest potential public safety cost savings.”

Powerful words, courageous words, words Governor McDonnell should have used in his state of the Commonwealth address.  See, there are politicians who are willing to do the tough work and speak the truth.  Virginia, it appears, isn’t fortunate to have that kind of politician.

Ironically, Bob McDonnell has based his entire criminal justice program on offender re-entry.  The problem is, “imprisonment significantly reduces the ability of ex-offenders to find jobs, costing the US economy an estimated $57 to $65 billion annually in lost economic output.”  That was the finding of a November 2010 Center for Policy Research study.  Re-entry programs aren’t the answer; sending less people to prison is.

And that is the turd in Governor McDonnell’s plans for DOC.  Its high time he or some other Virginia politician – clean up the bowl.

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.

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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