Virginia Prisons Accountability Committee: July 2018

Monday, July 30, 2018

Life-threatening Diseases & Conditions If Left Untreated Virginia Prisoners Will Become Sicker or Die


We at vapac have received many alarming letters concerning health.  Life-threatening diseases and conditions if left untreated will cause these prisoners to become sicker and in some instances can be fatal. A Prisoner imprisoned at Sussex 1 State Prison J. Davis (1097342) Suffers from the "silent killer" that has a known treatment and even a cure. In at least nine states, prisoners have filed lawsuits arguing that withholding drugs constitutes deliberate indifference to their dire needs, violating a constitutional ban on cruel and unusual punishment. Delaying treatment and curing can have deadly consequences for Mr. Davis who shared with Mr. Shaheed Omar longtime prisoner advocate and collaborator with vapac that he is a great husband, father, son and is a man of faith and is in need of treatment the same treatment Mr. Omar was fortunate enough to get and was cured. We must ask how will Mr. Davis even be considered for a chance to become healthy again if the Sussex 1 State Prison Staff ignore his informal complaints and allow grievances to go unnoticed? Other prisoners who have medical issues whom have provided adequate documentation 

  1.  Lester Hayes 1465707 he was in a bus accident on 4-18-17 and has not been Adequately medically treated. He also has issued of a different nature that is not being addressed today. 
  2.  Yusuf Hakim Ali 1092185 Stomach and Colon Problems and is suffering very badly and can't get the help that he needs. 
  3. Tarik Hudgins 1069060 Just received a letter from him which I have enclosed just one page of it about his feet. 
  4.  Michael Kelly 1190718 has Disease called Graves Disease. He is currently at Sussex 1 but a prisoner of Red Onion. The only reason at Sussex is to get treatment for his medical condition but cannot get out of Solitary Confinement etc.
  5. Anthony Kirby 1314706 on 6-6-18 fell the on the floor the in the kitchen while no signs of wet floor were present. He is injured and needs help.
  6. Jeffrey Whitebey 1118137 Sussex 1 needs surgery on heart but is not getting help 
  7. Marvin Rash 1428427 Sussex I Gastroenteritis problem with stomach and not able to get help.
  8. Robert Yeary 1035754 having problems with medical treatment for his dentures. Commissary does not sale denture adhesive chemical, therefore he cannot use his denture so he cannot eat properly.
Steve Herrick Director; Office of Health Services Virginia Department of Corrections your job description requires you to supervise all clinical department heads and the local health authorities at the facilities. Your overall responsibility is to assure efficient and quality care is provided to these incarcerated offenders. [prisoners]

It is obvious (in the accompanying documents we received complaints and grievances but for reason of lack of space we can not print all letters, however, copies can be obtained in writing) that these men are not being professionally addressed and need proper attention from every level of the Virginia Department of Corrections. Beginning with the officers who are supposed to provide counsel and words of instruction to inmates who have legitimate questions and requests, but are indifferent, then there are the prison registered nurses and prison doctors who are supposed to provide health care and related services, including advocacy, health education, preventive care, research, and clinical care to prisoners, however, they are also on many occasions indifferent. The requirement is for prison staff, officers, doctors, and nurses to adhere to prison regulations, agency rules and last but not least the law. Director Steve Herrick & Director Harold Clark, we ask you to look into the matter of these life-threatening Diseases and conditions if left untreated, these Virginia prisoners will become sick or/and die.






By vapac
In Collaboration with Shaheed Omar and prisoners listed in this article.

References

The ACLU of Virginia Prisoner Rights to adequate medical care
State Prisons Fail to Offer Cure to 144,000 Inmates With Deadly Hepatitis C
Three N.C. Prisoners Sue the State for Hepatitis C Treatment
The Massachusetts Department of Correction has reached a settlement with prisoners' rights Groups over its medical treatment of prison inmates with hepatitis C.
A peoples’ victory: Court rules to give Mumia Abu-Jamal hep C cure – Workers World

Sunday, July 29, 2018

Prisoner & Ex-Prisoner RESOURCES


Here is a list for Prisoner and Ex-Prisoner Friendly Resources. Please email us at vapacommittee@gmail.com if you would like to add to this list or message us on facebook @vapac. When making contact please provide a description and updated link

Call 211~Nationally& Parts Of Canada  2-1-1 (http://www.211.org/) Free and confidential service that helps people find local services in need. Available for free to anyone: Ex-prisoners families, friends, and others

Virginia 2-1-1~(https://www.211virginia.org) Call 211, visit site and chat or email ..Free and confidential service that helps people find local services in need. Available for free to anyone: Ex-prisoners families, friends, and others focused in Virginia

Zoukis Prisoner Resources~ (https://www.prisonerresource.com/) An unbiased, non-partisan prison consulting group offering resources for those going to prison or getting out of prison.

Virginia Prison Justice Network~ (https://vapjn.wordpress.com/)website for everyone who advocates for prisoners and seeks solutions to the judicial racism that plagues our criminal justice system.

Find Your LegislatorThere is a wealth of information about the General Assembly members and sessions

JailHouse Lawyers Handbook
 ~ (http://jailhouselaw.org/) Great handbook that is a resource for prisoners who wish to file a federal lawsuit addressing poor conditions in prison or abuse by prison staff. This handbook is available for free to anyone: prisoners. families, friends, activists, lawyers, and others Download.

Central Virginia Legal Aid SocietyLinks to Helpful Organizations and Information

National Prea Resource Center ~ "In developing the PREA [Prison Rape Elimination Actstandards, the Department of Justice ensured that inmates/detainees/residents have multiple ways to report sexual abuse, and that they are able to access victim support services from outside agencies

Restoration of Rights ~ [Virginia] Governor Northam has updated his eligibility criteria for restoration of civil rights.  Effective March 16, 2021, individuals are eligible to have their rights restored after being released from incarceration

Restoration of Firearm Rights ~ [Virginia] A person convicted of a felony automatically loses their firearm rights under state and federal law. If you have been convicted of a felony as described in Section 18.2-308.2 of the Code of Virginia, you may still be eligible to purchase a firearm if your rights have been restored under both state and federal law.
Frequently Asked Questions on Parole ~ To apply for parole, the offender has to fill out and sign an application furnished by a case manager. Everyone except those committed under juvenile delinquency procedures who wish to be considered for parole must complete a parole application.
Pardon and Commutation Information FAQ ~ For over 125 years, the President has relied on the Department of Justice, and particularly the Office of the Pardon Attorney, for assistance in the exercise of the executive clemency power granted to the President by Article II, Section 2 of the Constitution. Under the Constitution, the President’s clemency power extends only to federal criminal offenses. Executive clemency may take several forms, including pardon, commutation of sentence, remission of fine or restitution, or reprieve. 
NoLef Turns ~ Our mission is to reduce recidivism by helping those with court and justice involvement successfully thrive post-conviction. Our vision is to be a leader in decreasing the prison population by supporting and empowering those who are most affected by crime, trauma, and incarceration. We will treat everyone with dignity and respect and will not pass judgement, as we seek justice and redemption. 
RIHD, Inc. ~ Lillie (Ms K) Branch-Kennedy~ Founder ~ Resource information help for the disenfranchised and disadvantaged.

SALT ~ Social Action Linking Together (SALT) is a network of persons in Virginia embracing the principle that “The justice of a society can be measured by how the most vulnerable members of that society are faring and being treated.” This principle can be found in all the great religious traditions and inspires SALT members to propose and shape fair public social policies through our education of policy makers & our advocacy for the poor and powerless.

Community-based alternatives to police in your city  ~ [dontcallthepolice.com] Find alternatives to calling the police. Typically, people call the police because they are experiencing or perceive an emergency and need immediate assistance. In order to provide the most effective alternatives to calling the police or 911, unless otherwise indicated, the resources included here are limited to those that 
Warmlines ~ Need someone to talk to? were created to give people support when they juoffer immediate assistance through emergency or crisis services. Reimagine public safety.  Don’t call the police. Richmond Virginia area resourcesst need to talk to someone. Speaking to someone on these calls are typically free, confidential, and run by people who understand what it’s like to struggle with mental health problems. For a Virginia Connection 
Social Workers and Allies Against Solitary Confinement ~ National task force of social workers and allies dedicated to confronting the issue of solitary confinement, both on a macro-level as a core mechanism of our racist and classist system of mass incarceration, and on a micro-level as a practice that social workers in correctional settings actively and passively participate in, while being simultaneously charged with upholding the human rights and dignity of all people.

Social Security and Supplemental Security Income Benefits Reentry~ Social Security Reentry Benefits: An individual released from incarceration may be eligible for Social Security retirement, survivors, or disability benefits if they have worked or paid into Social Security enough years. An individual released from incarceration may be eligible for Supplemental Security Income benefits if they are 65 or older, are blind, or have a disability and have little or no income and resources.

Health coverage for incarcerated people ~ 

  • Incarceration doesn’t mean living at home or in a residential facility under supervision of the criminal justice system, or living there voluntarily. In other words, incarceration doesn’t include being on probation, parole, or home confinement.
  • You’re not considered incarcerated if you’re in jail or prison pending disposition of charges—in other words, being held but not convicted of a crime.

Virginia Employment/Felons: Ex - Offender Assistant

  • Federal Bonding Program
    A link to the U.S. Department of Labor's Federal Bonding Program for "at-risk" and hard-to-place job seekers
     
  • Restoration of Rights
    If you have lost the right to vote as a result of a felony conviction in a Virginia court, a U.S. District or a military court, you must have your rights restored in order to qualify for voter registration. The restoration of rights restores the rights to vote, to run for and hold public office, to serve on juries and to serve as a notary public.


  • Assistance Available to Ex-offenders (pdf)
    Offered as a service to counselors, family members, and others assisting ex-offenders in their efforts to return to the workforce.

Jail to Job 
Jobs for Felons: Government Help For Felons Looking for Jobs
Jobs for Felons: How to find a Job
Jobs for Felons: These Companies Hire Felons
From Jail to a Job


Thursday, July 26, 2018

Virginia's Justice System and Freedom Of The Press


Our Prisons are filled to over capacity with accounts of significant and crucial stories that must be told. We bespeak of the refusal of journalists and media access to level 3 and higher levels in Virginia's correctional institutions.


Prisons more often than not hide on the back roads of our communities in rural America as a means for economic development, thus they normally lay outside the visible spectrum and are repressed by the vigilant eye of the press...We at vapac want to join those behind prison walls who may have been wrongly convicted by our criminal justice system which have been highlighted by the Innocence Project inadequate defense, eyewitness misidentification, incentive informants, government misconduct, false confessions or admissions. We join them and investigative journalists who seek truth with the ethical responsibility in highlighting this issue as with the recent effort: to record (audio, video) prisoners "fails" in Virginia. Yet all too often state, local government and prison officials seek out favorable media to disseminate their propaganda. While denying objective media of the inclusive means of audio and video that will permit a though recording of the account.


We at vapac do not profess to know of an individuals innocence or guilt, however, there are currently 2,252 exonerations with more than 19,790 years lost reported by the National Registry Of Exonerations. We think many of those are compromised by the unavailability of recording (audio, video)...which could play a significant role allowing full compass of investigative reporting by allowing unbiased journalists the ability to uncover the truth when there may be a miscarriage of justice.

We note here that the Virginia Department of Corrections [VADOC] doesn't unequivocally deny media access however they still sanction  ..Virginia's Justice system needs to end the block on the full range of media access and allow the Freedom Of The Press access Virginia prisoners to share their story.

By vapac

References

Innocence Project

Wednesday, July 25, 2018

Prisoner Seeking Attorney & legal Assistance Due To Transport Driver Negligence Colliding With Van



Prisoner Lester Hayes claims while being transported due to driver’s negligence an accident occurred causing injury. Mr. Lester is pursuing an injury claim. He has a right to file a claim against that negligent driver. Mr. Lester states On 4/17/17 transportation collided with a van while speeding back from Virginia's Bland County Correctional while prisoner was using the urinal causing injury to head, right shoulder, lower back, and left knee, he was then denied medical attention when requested. He was then instructed to see institutional Doctor upon arrival at Wallens Ridge State Prison where he was again denied. Mr. Hayes states that Bland County State trooper did an accident report 4/18/17 at around 3:30 p.m. he never came on the bus to see who was injured. He is requesting an attorney to assist him in seeking compensation for pain and suffering.

Contact
Shaheed Omar
540-892-1765

By
Lester Hayes
Collaboration
Shaheed Omar
vapac

Tuesday, July 17, 2018

Brian Moran and The Indefensible Red Onion State Prison By William Thorpe


Okay. So the Virginia prison system has a low recidivist rate. But what does that have to do with the lawlessness of it's Red OnionState Prison officials who assault batter prisoners, deny showers, outside exercise, meals and falsely accuse prisoners in solitary Confinement-with contrived charges. Detain prisoners in solitary confinement arbitrarily and in violation of Virginia law OP 861.3 that requires a 90-day maximum, yet prisoners are held in solitary multiple decades. Then in violation of Virginia law, OP 866.1 impede the prisoner's ability to file complaints and grievances on the violations.

These accounts are comprehensively documented in the may 10, 2018 ACLU of Virginia's report: Silent Injustice: Solitary Confinement in Virginia which exposes the Virginia Department of Corrections behavior at Red Onion State Prison.

Instead of responding to, even denying the accounts in the ACLU'S report, the Virginia Department of Corrections through Brian J. Moran, Secretary of the public safety and Homeland Security in his Washington Post, June 15,2018; "Virginia Corrections System Is A Model For Other States" Op-Ed, chose to deflect and distort which typically is the classic recourse posture to the indefensible

Messers. Brian Moran and Co. lecture us that "correctional systems are often targets of criticism and skepticism"....."as if the numerous lawsuits filed by Red Onion State Prisoners seeking redress of violations of the U.S. Constitution and Virginia law by prison officials are mere exercises of "criticism and skepticism". Or the voluminous letters, petitions to Virginia politicians concerning prison official malfeasance including the ACLU's work are hallucinations to be dismissed and ignored and instead we should commend prison officials for selectively performing what the taxpayers of Virginia, the U.S. Constitution, and Virginia Law require they professionally do.

Contrary to Brian Moran's assertion: Red Onion State Prison was not built to specifically and exclusively be a "lockdown prison".  When it opened in 1998 as a maximum security prison it had approximate general population of 688 prisoners and solitary confinement or "lockdown" population of 352. Programs were also available to the prisoner population and the "fear" that Brian Moran speaks of..." "that increased movement and access to programs would jeopardize safety" could not have existed in its then operational model because a relative 2/3ds of the prison's population had more movement than what is allowed general population in 2018. Also, Virginia's General Assembly had in the middle 1980's instructed the Virginia Department of Corrections to never again detain all of the states so-called "worst of the worst" prisoners at one prison as a result of lessons learned from it's Mecklenburg Correctional Center experience circa 1984. (note page 169) However, the Virginia Department of Corrections logic which are for purposes of this work speculatively irrelevant, in 1998 did just the opposite with its opening of Red Onion State Prison.

The Red Onion State Prison solitary confinement question is specifically about prison officials intractable inability to comply with the same law that even permits them to work as prison officials.

We are told by Brian Moran, that since under the leadership of Virginia's Department of Corrections Director Harold W. Clarke, there has been a culture change that has resulted in statistical decrease of prisoners detained at Red Onion State Prison solitary confinement, underscoring a program, Step Down. Yet the findings of the ACLU's report exposing Red Onion State Prisons officials behavior for the specific 2011 to 2018 period details reprehensible malfeasance that are diametrically at odds with Brian Morans laudatory conclusions.

This is what Brian Moran should have responded to because this historical narrative of prison officials conflating their malfeasance and extra-judicial behavior with speculations of the prison condition has to change if equal justice before the law isn't mere opportunity conditioned by whatever idealistic narrative spouted by a status quo. If the context, as Brian Moran writes that "offenders housed at Red Onion have murdered, raped and attacked others including inmates," is supposed to mitigate, excuse even absolve the lawlessness of Red Onion State Prison. Then within Virginia society writ large are murderers, rapists, and all sorts of violators because each legal jurisdiction within the Commonwealth has its significant statistics of unsolved murders, rapes, attacks and other violations. Is the Commonwealth of Virginia via its Secretary of Public Safety and Homeland Security instructing us that murder, rapes, attacks within the Commonwealth justify violating the Virginia Constitution and laws by its elected officials and legal offices? Because that is the argument made by Brian Moran in his deflective defense of the lawlessness of prison officials.

In summation, Brian Moran and Red Onion State Prison officials are not even conveying to the Virginia public a true correct account of the number of prisoners detained under solitary confinement conditions and managed according to Virginia Department of Corrections solitary confinement operating procedures. What we are instead expected to accept is, renaming a thing fundamentally changes it? So solitary confinement is in the media now called restrictive housing and not it's historical, Administration Segregation and prisoners detained in other units i.e. D-building apart from C-building for years on end are not counted as solitary confinement prisoners.

This exercise in renaming exposes the reality which is messers. Brian Moran and Co. recognize that the odorous nature of those conditions which in the aggregate characterize solitary confinement are indefensible.

Note
Willliam Thorpe is detained in solitary confinement at Virginia's Red Onion State Prison

Monday, July 16, 2018

Red Onion State Prisoner in Solitary Confinement Accuses Guards Denying Of Meals, Threats of Sexual and Physical Assault



Virginia Red Onion State Prisoner [ROSP] Donnell Barnes soon to be released from prison accuses Guards of continued mistreatment as stated in his first letter published June 1, 2018. He states to vapac ROSP guards are starving him in retaliation for filing complaints on their misconduct ranging from withholding food to the point of starvation, to sexual and physical assault.  These ongoing violations of threats and provocation by ROSP guards must be investigated. Prisoner Barnes has said to be a transgender and is in fear of reprisal which means being humiliated for being the person they are. This degrading treatment of prisoners is dehumanizing but then add to the torturous treatment of this prisoner being locked in solitary confinement. Red Onion  State Prison needs to be independently investigated

Virginia's Red Onion State Prisoner Jason Jordan Files A Grievance and Lawsuit Then Report of Abuse and Assault Ensues



The complaint method of the Virginia Department of Corrections [VADOC] is the process in which prisoners are able to air their complaints about prison guard abuse, violations, and lawlessness. The primary recurring theme prisoners report at Virginia's Red Onion State Prison [ROSP] are threats of retaliation or in the case of ROSP prisoner Jason Jordan's report, full-blown assault. Magaret Breslau prison activist and force behind Virginia Coalition for Justice  Virginia Prisons Justice Network  [VPJN] among other platforms cited in a recent correspondence with VADOC whom asserted all claims of abuse are taken seriously and properly investigated. However, prisoner Jason Jordan reveals his attempt to file a criminal complaint were denied him by ROSP investigator denoting the rule of thumb "wall of silence" to protect their own. We must interject "how can prisons police/investigate themselves. His claims for filing a grievance and lawsuit when he was met with physically aggressive behavior taken to a spot off camera and kicked in his testicles (drawing blood) by guards as to "teach him a lesson" Mr. Jordan went through the various steps to file a charge, "what prisoners go through when they follow their First Amendment Rights to redress a grievance"  wherein Civil Court he won a "Summary Judgement" and is waiting to go to trial. Mr. Jordan also asserts he is a "mental health" prisoner and is being denied mental health treatment. We must state here, Retaliation is illegal, guards have abused their power when they violate the 1st Amendment Rights of prisoners, in this case, the right to petition government officials for a redress of grievances.


By Prisoner Jason Jordan held at Red Onion State Prison
In collaboration with Virginia Prisons Justice Network  [VPJN]
and VAPAC

Sunday, July 1, 2018

Segregation Reduction Step-Down Program

Segregation Reduction Step-Down Program 830.A (supersedes 2/18/13) Click Here
  • This local Local operating procedure provides institution-specific information concerning staff and offender responsibilities pertaining to segregation (Solitary Confinement, Ad-Seg, SHU) reduction and reentry preparation for general population as well as society