prison

General Assembly requests study of loud car exhausts, advancing at least one Arlington legislative priority

By Jo DeVoe
Virginia State Capitol on Feb. 1, 2023 (staff photo)

(Updated at 4 p.m.) There seems to be bipartisan agreement among state lawmakers about at least one issue: something must be done about the popping and roaring of noisy mufflers.

On Saturday (Feb. 25), the Virginia General Assembly adjourned its 2023 winter legislative session, which some say has been too short to get vital work done. These bills will now head to Gov. Glenn Youngkin to review before March 27.

With Republicans controlling the House of Delegates and Democrats the Senate, Arlington’s all-Democratic representation introduced a laundry list of bills that failed. These ranged from one permitting same-sex marriage to increasing gun control and leveling the playing field for online news outlets like ARLnow.

Those seeking relief from cars with loud exhausts fell short of a total victory, but both the Virginia House of Delegates and the State Senate passed a version of Sen. Adam Ebbin’s bill, SB 1085, that would study the issue.

His original bill would have prohibited the sale and use of aftermarket mufflers. Now, the legislature is directing the Department of Transportation to “convene a workgroup of specified stakeholders to examine the issue of vehicle noise in the Commonwealth and to report its findings and recommendations” to the chairs of each chamber’s transportation committee by Nov. 1.

His bill follows up on last year’s reversal of a 2021 law that prevented police from pulling over drivers just for having an excessively loud exhaust system. The original law was intended to reduce pretextual traffic stops and racial disparities but might have contributed to an uptick in noise complaints.

Of all the bills filed by local legislators that ARLnow highlighted at the start of the 2023 legislative session, this was the only one to pass.

However, a slew of bills from other lawmakers did make it through, including a few notable ones listed below.

Crime

  • HB 1583 (Del. “Rip” Sullivan) makes it illegal to use drones to spy on someone, regardless of where that device is located.
  • HB 1590 (Sullivan) modernizes a harassing phone call statute that used to apply only to telephones and pagers. Now, it would be a misdemeanor to annoy or delay emergency personnel trying to do their job by causing any device to ring or signal an alert repeatedly.
  • SB 887 (Sen. Barbara Favola) requires out-of-cell programs and congregant activities for four hours a day for people in solitary confinement at the state prison, unless there is a lockdown. People in solitary confinement must receive physical and mental health evaluations and there has to be a publicly available process for restoring people to the general prison population.

Consumer protection

  • HB 1857 (Del. Elizabeth Bennett-Parker) is intended to prevent resellers from misleading ticket buyers by prohibiting them from making their website look similar to a ticket operator’s website. It also prohibits the display of trademarked or copyrighted information from an operator or a primary ticket provider without their consent.
  • SB 871 (Favola) would make it illegal for car manufacturers, factories and distributors to threaten to take away incentives from buyers or the right to participate in incentive programs.

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Arlington’s top prosecutor sticks to reforms despite crime concerns

By Mavis Chan
Scene of attempted bank robbery at 4075 Wilson Blvd (staff photo)

From Philadelphia to Los Angeles to nearby Fairfax County, and here in Arlington, prosecutors running on criminal justice reform platforms were elected in a wave.

But since they’ve taken office, some have questioned whether their approach to crime is too soft. A recall election in San Francisco ousted its chief prosecutor, and last year, Arlington’s Commonwealth’s Attorney Parisa Dehghani-Tafti also faced a recall campaign, though it never seriously threatened her tenure in office.

Since she took office in January 2020, some types of crime have increased. At the same time, the pandemic pushed her, defense attorneys and the sheriff’s office to reduce the number of people jailed, and staffing shortages led to a cut in some police department services, such as follow-up investigations on property crimes it deemed unsolvable.

Dehghani-Tafti tells ARLnow that when crime is up, the “tough-on-crime crowd” says to “be tougher” and when it’s down, they say to keep jailing people because “it’s working.” But she believes progressive policies and expanding diversion programs for nonviolent offenders can better help them stay on the right side of the law.

She emphasized that her office takes violent crime seriously. The violent crime rate in Arlington was below the state and national averages in 2021. Meanwhile, police officers working with Dehghani-Tafti generally approve of the way her office pursues violent crime charges, Arlington Police Beneficiary Association President Rich Conigliaro tells ARLnow.

Fewer prosecutions of nonviolent crimes 

Although the police don’t believe Arlington has a major crime issue, the department has seen more crime sprees in the last few years, Conigliaro said. There was an overall 8.5% increase in property crime in 2021 compared to 2019, according to ACPD’s annual report.

“Group A” rates of property crime (via ACPD)

Police have dealt with cases where the defendant had committed multiple property crimes, such as burglaries, in jurisdictions across Virginia. In one such case, a Maryland man, who was out on bail for charges in Fairfax County, was arrested in Arlington on similar charges, including stealing and spitting on an officer after his arrest.

After that incident, Dehghani-Tafti’s office dropped two charges and downgraded a felony charge into a misdemeanor as a plea agreement. His 180-day jail sentence in Arlington was suspended and he was extradited to Maryland to face prior charges there, according to court documents.

Dehghani-Tafti’s office has downgraded felony charges into misdemeanors for cases that “normally would not have seen that level of a plea bargain being agreed upon” on multiple occasions, Conigliaro said. Detectives are concerned with this trend, he added.

Brad Haywood, the chief public defender in the county, also said Dehghani-Tafti’s office seemed less likely to press felony charges where a misdemeanor charge may apply, such as with nonviolent or minor property and drug cases, he said.

Haywood said her office seems more willing to give people with behavioral issues a second chance by ensuring they receive treatments instead of jail time, unlike her predecessor Theo Stamos. Stamos, who is now working in the office of Attorney General Jason Miyares, declined to comment for this article.

Generally, there have been fewer felony indictments under Dehghani-Tafti compared to Stamos, according to performance data gathered in the latest proposed budget from the Commonwealth’s Attorney office. The number of indictments issued by the Circuit Court decreased 37% from 713 in fiscal year 2019 to 449 in fiscal year 2021. The number of sentencing events dropped by almost 57% from 354 in fiscal year 2019 to 153 in fiscal year 2021.

The number of criminal misdemeanor cases that appeared before the General District Court also decreased by 23.4% from 3,476 in fiscal year 2019 to 2,662 in fiscal year 2021.

A table shows the performance data since fiscal year 2018 (via Arlington County)

In Dehghani-Tafti’s view, prisons cannot effectively rehabilitate an offender. She cited a meta study published by the University of Chicago Press last year that showed incarcerations are less effective in reducing recidivism.

Dehghani-Tafti believes the biggest change she brought to Arlington was creating new diversion programs for adults. Her office is taking part in the Motion for Justice Project, which connects participants to social services and treatments, as well as partnering with the nonprofit Offender Aid and Restoration to provide diversion programs.

“I came in guided by the idea that safety and justice are not opposite values, they are rather complementary values,” Dehghani-Tafti said. “And that we can treat people like people and crime like crime.”

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Morning Notes

By ARLnow.com

Bye Bye, Brood X — “Have you noticed dead cicadas on the ground, or that the bugs are not chorusing as loud as during past weeks? It’s because cicadas reached peak numbers last week in and around the D.C. area and are starting to die at a rapid rate. In some places, you may be smelling them as they rot away.” [Washington Post, Washingtonian]

Firefighters Awarded for Daring Rescue — “On October 31, 2020, Arlington County Fire Department units, including the technical rescue team, were dispatched to Windy Run Trail for an injured person. Communications reported that a female hiker had sustained injuries after falling approximately 30 to 40 feet down an embankment. Initial reports were unclear as to the exact location of the injured person.” [WJLA]

Arlington Man Sentenced for Fraud — “An Arlington businessman was sentenced today to 21 months in prison with three years of supervised release for making false statements to multiple federal agencies in order to fraudulently obtain multimillion-dollar government contracts, COVID-19 emergency relief loans, and undeserved military service benefits.” [Dept. of Justice]

Reminder: Pike Blues Fest This Weekend — “This year a hybrid three-day Columbia Pike Blues Festival Weekend (Friday to Sunday, June 18, 19 and 20) combines live-streaming concerts and ticketed outdoor performances that will get you back into your summer groove.” [ARLnow]

Update on Local Reality Show Contestant — “What is Bachelorette [contestant] Jason from Arlington up to right this very second? Well, last night he crossed the river into DC to host Zac Clark, his friend and fellow former Bachelorette contestant.” [Washingtonian]

Amazon Helping to Fund Housing — “Amazon will provide $125 million in financing to build or preserve an estimated 1,000 units of affordable housing on Metro-owned land in the D.C. region, the company announced Wednesday. The online retail giant, which stands to receive up to $750 million in cash grants from Virginia if it hires at least 37,850 workers at its new corporate headquarters in Arlington, says it will commit below-market loans, lines of credit, and grants to developers who have joint development agreements with WMATA.” [DCist, Washington Post]

Rent Still Below Pre-Pandemic Levels — “In the D.C. region, rents rose 20.1 percent from March 2020 to May 2021 in Fredericksburg, Va.; by 16.4 percent in Frederick, Md., and by 9.6 percent in Laurel, Md. But rents declined by 7.8 percent in D.C., year-over-year, by 10.5 percent in Chevy Chase, Md., and by 5.2 percent in Arlington, Va. Clearly, the flight to the suburbs meant increased rents in areas farther from D.C.” [Washington Post]

Fairfax County’s Namesake Questioned — “The [Fairfax County] seal is of a different time. Adopted seven decades ago, it bears a version of the coat of arms belonging to Thomas Fairfax, the sixth Lord Fairfax and a slaveholding British loyalist who once owned much of the land that makes up Fairfax County today. As neighboring counties and cities reexamine their logos and symbols, it seems like only a matter of time before Fairfax County faces its own questions.” [Tysons Reporter]

Morning Notes

By ARLnow.com

Arlington Startup Founder Going to Prison — “An Arlington start-up that promised to help people root out schemes and scams in their own lives was, nearly from the start, a cash cow for the founder’s extravagant lifestyle, start-up CEO Daniel Boice acknowledged in Alexandria federal court Friday… ‘It would be difficult to describe the havoc you created by your fraudulent actions,’ Judge T.S. Ellis III said before sentencing Boice to eight years in prison. ‘It’s an egregious fraud.'” [Washington Post, Dept. of Justice]

Bad Crash on GW Parkway — “A car split in half after crashing into a tree near the First Overlook [of the] George Washington Memorial Parkway Sunday morning, U.S. Park Police confirms. The driver of the car was the only one in the vehicle and was immediately taken to a nearby hospital. U.S. Park Police say their injuries are non-life-threatening.” [WUSA 9, Twitter, Twitter]

Pro-Reopening Parents Blast APS Superintendent — “During the Monitoring Report from Dr. Durán to the School Board, we heard that due to “monumental logistical challenges,” APS will remain hybrid for the remainder of this academic year… Arlington Parents for Education urges the School Board to vote on an urgent and rapid return to school plan when they meet again next — or, if not, propose a vote of no confidence in Dr. Durán for failing to deliver such a plan.” [Press Release]

Group Wants to Save Whitlow’s Building — “As you have seen in the news, Whitlow’s is planning to relocate due to being unable to renegotiate their lease at 2854 Wilson Blvd. However, the building is for sale and presents an investment opportunity and chance to keep Whitlows at its historic location. This form is simply to gauge interest in being part of a group to purchase the building, and is not a commitment to forming any business arrangement, putting up capital, or the like.” [Google Forms, Twitter]

Early Voting Locations for Primary Set — “Members of the Arlington Electoral Board on March 25 approved plans for two satellite-early-voting centers to be used in the runup to the June 8 Democratic primary. Walter Reed and Madison community centers previously had been designated as the locations for early voting by the County Board. The March 25 action set days and hours they will be in operation, although refinements could still be made.” [Sun Gazette]

Local Gov. Candidate Wants to Nix Income Tax — “Could Virginia’s next governor be from Arlington? It’s a longshot, perhaps, but there’s at least one candidate in the running. Arlingtonian Peter Doran on March 24 made his pitch to the Arlington County Republican Committee, saying new thinking is needed if the GOP is to end its drought in statewide elections… Doran pitched the idea of eliminating Virginia’s state income tax.” [Sun Gazette]

Morning Notes

By ARLnow.com

Snow Removal Ordinance in Effect — “A recent weather event has concluded and deposited snow/ice accumulations of less than 6 inches. Arlington’s sidewalk snow removal ordinance requires residents and businesses to clear adjacent public sidewalks of snow and ice by 1:00 PM on Wednesday, February 3.” [Arlington County]

More Back-to-School Dates Expected Soon — “We look forward to welcoming Level 2 Career & Technical Education students to the Arlington Career Center for hybrid/in-person instruction starting [today]. We continue to assess additional student return dates… The next group to return will be Level 2, PreK through second grade and countywide elementary special education students. Return dates for this group will be communicated at the Feb. 18 School Board meeting.” [Arlington Public Schools]

Arlington Rent Declines Slowing — “Arlington’s COVID- and shutdown-caused drop in apartment rents appears to be hitting bottom for now, according to new data from Apartment List, but the county’s rental market is still significantly more affordable than before the pandemic. For the year ending in January, rents in Arlington were down 14 percent from a year before… the drop from December to January was just 0.5 percent, lower than in preceding months.” [InsideNova]

Arlington Ranks No. 14 in ‘Walk-Friendly’ List — “About 30 years ago, Arlington took the lead in suburban redevelopment in Virginia, creating walkable urban areas around the metro system. Now that momentum has pushed Arlington (and its most walkable neighborhoods of Clarendon-Courthouse, Ballston-Virginia Square, and Lyon Village) into the top walkable cities — something we can expect to continue when Amazon moves in.” [MSN]

Hope’s Prison Oversight Bill Dies — From Del. Patrick Hope (D): “This is not the end — only the beginning. Every agency in Va must be transparent and accountable to the public which they serve. We will regroup and come back next session with a bill that prioritizes [Virginia Dept. of Corrections] oversight.” [Twitter]

Case of the Stray Hockey Sticks — A shipment of hockey sticks destined for the Washington Capitals practice facility in Ballston, to be used by new Caps acquisition Zdeno Chara, was apparently mis-delivered to a random New Jersey man’s home. [ESPN, Barstool Sports]

Bezos Relinquishing CEO Role at Amazon — “Jeff Bezos said Tuesday that he will step down as chief executive of Amazon, leaving the helm of the company he founded 27 years ago. Bezos will transition to the role of executive chair in the third quarter of this year, which starts July 1, the company said. Andy Jassy, the chief executive of Amazon Web Services, will take over as CEO of Amazon.” The company yesterday revealed designs for the second phase of its Arlington HQ2. [NBC News]

New Top Prosecutor Pledges to Visit Correctional Facilities

By ARLnow.com

Commonwealth’s Attorney-elect Parisa Dehghani-Tafti has announced plans to visit the correctional facilities to which she and her assistant prosecutors will be sending guilty defendants.

Tafti, who will take over at the top prosecutor for Arlington and Falls Church on Jan. 1, says it’s important for prosecutors to understand the correctional end of the criminal justice system to ensure “a just punishment for defendants.”

Tafti and her staff will, over the next year, “complete visits to their local prison, jail and juvenile facilities, and implement ongoing requirements for staff,” according to a press release. Nearly 40 prosecutors across the country have committed to similar visits.

The future of Arlington’s juvenile detention center is currently up for discussion. Tafti, meanwhile, last week announced the appointment of her chief deputy, a respected veteran of the Commonwealth’s Attorney office.

More on the correctional visits, from the press release:

Today Parisa Dehghani-Tafti joined 38 elected prosecutors from across the country and committed to personally visit the correctional facilities in which individuals prosecuted by their office are placed. Recognizing that “it is vital for prosecutors to understand the true impact of their decisions and to see firsthand the jails, prisons and juvenile facilities in their jurisdiction,” these elected leaders also committed to implementing requirements for all prosecutors in their offices to visit these facilities and to incorporate this concept into ongoing job expectations.

Parisa Dehghani-Tafti, Commonwealth’s Attorney Elect for Arlington County and the City of Falls Church, said, “A prosecutor’s job is to hold in her mind and weigh in practice the safety of the community, the needs of victims, and a just punishment for defendants.  How can we achieve that balance unless we see and understand for ourselves the outcomes of our decisions?”

Despite the fact that prosecutors have immense influence over who becomes incarcerated and for how long, many have never set foot inside a prison, jail or juvenile correctional facility. As more prosecutors implement reforms to shrink the footprint of the justice system, it is critical to develop a deep understanding of correctional facilities – including an understanding of how isolated, dehumanizing and unsafe conditions can impact an individual’s rehabilitation efforts, and in turn the safety of the communities to which they return.

“Prosecutors control the front door of the justice system through their charging decisions — and so much that follows in the lives of individuals in their community when that door is opened,” said Miriam Krinsky, Executive Director of Fair and Just Prosecution. “As such, they have an obligation to see and understand the conditions in the jails and prisons where their advocacy sends people, as well as the impact of those decisions on the individuals incarcerated within their walls, their families and the broader community. Today’s pledge, joined in by a wide swath of prosecutors from around the country, seeks to embed in the culture of DAs’ offices the recognition that decisions to incarcerate someone should never be taken lightly. We hope that by bringing prosecutors closer to those impacted by their actions, they will have a new perspective as they weigh the decision to incarcerate against other options that will keep individuals in community settings.”

The pledge will be implemented by Ms. Tafti’s Office over the coming year, during which time she, as well as all prosecutors in her office, will complete visits to their local prison, jail and juvenile facilities, and implement ongoing requirements for staff. This is a build out of the initiative launched by FAMM as part of their #VisitAPrison challenge, an effort to encourage elected policy leaders throughout all levels of government to personally visit correctional facilities.

Read the full pledge statement here and see below for a full list of pledge participants.

Hope Proposes Bill to Eliminate Extra Charges on Phone Calls Made by Prison Inmates

By Jennifer Currier

Del. Patrick Hope(Updated at 12:30 p.m.) Del. Patrick Hope (D) has introduced a bill to the Virginia General Assembly that would eliminate the 35 percent commission the state charges on all phone calls made by prison inmates.

The proposed bill — which is now in committee for consideration and must pass there before going before the full House of Delegates — would amend an existing bill by adding a sentence stating no state agency will receive such commission payments.

The commission comes from charges paid by inmates and recipients of calls made from prison. It generates approximately $2.6 million a year, Hope said. Those funds go directly into the Virginia’s general fund.

“I’ve introduced a similar bill for the last four or five years, each time only to see it pass committee and die in appropriations due to lack of funding,” he said in an email. “So we agree on the policy but just not how to pay for it.”

Hope justified his support of this bill by explaining that inmates staying in touch with their families while incarcerated improves the situation for all parties involved.

“The added cost from this commission makes it very difficult for those incarcerated to stay connected with family,” he said. “Studies show the importance of maintaining frequent communication between the incarcerated and their family members, particularly related to recidivism rates, their own conduct in prison, and the overall well-being of families, especially those with young children.”

He has also testified in front of the Federal Communications Commission on this issue in the past. The agency recently acted to lower call costs and indicated support for eliminating commissions on those calls.

Phone service in state prisons in Virginia is provided by GTL, a Reston-based company that bills itself as the “corrections innovation leader.” According to the website prisonphonejustice.org, the rate for a 15 minute call from an inmate was as high as $6 in 2014. The website refers to the commission paid by GTL to the Commonwealth as a “kickback.”

For Hope, the issue is a humanitarian one.

“It is my continued belief that the correct policy in Virginia should be to make the costs of telephone communication between inmates and family as inexpensive as possible,” he said. “We want to encourage greater communication, and Virginia should not view this part of our prison system as a cost center to fund other parts of the budget.”

Virginia’s 2016 General Assembly legislative session is scheduled last for 60 days, beginning on Jan. 13 and ending on March 12.

File photo

Morning Notes

By ARLnow.com

Partial rainbow over Pentagon City

Young Republicans to Rally Against Sanders — The Arlington Falls Church Young Republicans will “welcome” Democratic presidential candidate Bernie Sanders to Ballston tonight with a “rally for limited government and free market ideals.” The rally will be held outside the National Rural Electrical Cooperative Association, where Sanders will be speaking. [Facebook]

Tree Down on Custis Trail — A tree is down across the Custis Trail near Cherrydale and the ponds, cyclists report. The tree came down following last night’s heavy rains. [BikeArlington Forum, Twitter]

Head of Ex-Offender Group Stepping Down — Gail Arnall, the head of Arlington-based Offender Aid Restoration, is leaving the group, but staying involved as a consultant. OAR helps ex-offenders readjust to life outside of prison. The group notes that it costs only $650 for them to help ex-cons re-integrate into society, while re-incarcerating them would cost $27,000 per year. [Washington Post]

New Clarendon Office Tenant — HDR Architecture has signed a 30,000 square foot lease for the recently-built office building at 3001 Washington Blvd in Clarendon. “Consolidating two existing regional offices into the new Clarendon facility, HDR will now be able to tap into the highly educated population for which Arlington County is well-reputed as well as avail itself of the well-situated project easily accessible via public transportation and multiple roadways and airports,” building owner Penzance said in a press release.

Morning Notes

By ARLnow.com

Security at Saturday's 9/11 Memorial 5K race

Thousands Apply to Live in New Affordable Building — Since it started accepting applications on Aug. 27, the new 122-unit Arlington Mill Residences affordable apartment complex has received applications from more than 3,600 people. Nonprofit developer Arlington Partnership for Affordable Housing is expected to hold a lottery later this week to determine which of the qualified applicants will get an apartment. [Washington Post]

New Randolph Elementary Track — A dedication ceremony was held on Friday for a new track at Randolph Elementary School. The track was built with $40,436 raised by the Randolph PTA and Randolph Principal Renee Bostick. As part of Friday’s event, the Wakefield High School marching band led students, school staff and parents on a inaugural lap around the track. [Arlington Public Schools]

Lawmakers Laud Progress on Solitary Confinement — Local Democratic state lawmakers Patrick Hope and Adam Ebbin say Virginia has been making progress in reducing the number of prisoners held in solitary confinement. While the state is “off to a good start,” Hope and Ebbin say more work must be done to provide mental health services to prisoners to ensure they don’t wind up back in solitary. [Washington Post]

Weekend High School Football — Wakefield High School opened its football season with a win against Marshall. The team was winless last year. Meanwhile, Washington-Lee defeated McLean and Bishop O’Connell defeated Bishop Ireton. Yorktown snapped its 28-game regular season winning streak with a loss to Langley. [Sun Gazette]

Flickr pool photo by J Sonder

Man Sentenced to 50 Years for Rape, Abduction of Daughter

By Katie Pyzyk

Rodolfo Hernandez-Suazo(Updated at 4:55 p.m.) An Arlington man has been sentenced to 50 years in prison for the January 2012 abduction and rape of his adult daughter.

Circuit Court Judge Louise M. DiMatteo imposed the jury’s sentencing for 54-year-old Rodolfo Hernandez-Suazo — which included 50 years for rape, 25 years for abduction with intent to defile and 5 years for incest — but ordered that the sentences run concurrently.

Hernandez-Suazo lured his then 22-year-old daughter to a south Arlington hotel room last year, claiming he was going to complete some maintenance work there. Once both were at the hotel, Hernandez-Suazo forced sex on his daughter.

Prosecutors say Hernandez-Suazo then told the daughter to take a shower, but she did not end up doing so. As a result, after she reported the crime to police several hours later,  investigators from the Arlington County Police Department Special Victims Unit were able to retrieve DNA evidence from her.

Hernandez-Suazo had been estranged from his daughter since leaving El Salvador about 20 years ago. They were reunited in 2009, when the daughter came to the United States to live with her mother, but she broke off contact after Hernandez-Suazo touched her inappropriately. He then re-initiated contact last year, leading to the incident in the hotel room.

“The victim held the understandable but misguided belief that she and the defendant could at last have a normal father-daughter relationship. Unfortunately he turned out to be a predator, not a parent,” said Assistant Commonwealth Attorney Lisa Tingle. “Her courage in coming forward should give others similar strength knowing that our community treats these offenses with the utmost seriousness.”

Independent’s Day: Solitary Confinement

By Jason Howell

Independent’s Day is a weekly opinion column by published on Wednesdays. The views and opinions expressed in the column are those of the author and do not necessarily reflect the views of ARLnow.com.

Independent Congressional candidate Jason Howell“Torture is always wrong.” That’s not just a bumper sticker sitting on my desk; it’s also a quote from Rev. Richard Killmer, Executive Director of the National Religious Campaign Against Torture (NRCAT).

On December 3rd of last year, less than a month after the election, I had two options for continued civic participation: attend the Realize Rosslyn Kickoff Event or the Program on Virginia’s Use of Solitary Confinement. I chose the latter. The Program on Virginia’s Use of Solitary Confinement was held at Arlington Central Library and hosted by NRCAT, Social Action Linking Together (SALT), and Amnesty International (Arlington Chapter). Each speaker highlighted a reality that can be lost on the majority of us who have never had the experience: extensive, unlimited, solitary confinement is a violation of the 8th Amendment’s protection from cruel and unusual punishments.

In August of 1998, in Wise County Virginia, the Red Onion State Prison opened as a security level “S.” Its Virginia location was likely the reason for the presence of State Delegate Patrick Hope (D-Arlington) at the meeting I attended. According to Red Onion’s website, their average population is 799 prisoners but a Washington Post article reported 505 of 745 inmates were held in solitary confinement as of last October. I have no way of knowing whether two-thirds of inmates housed by Red Onion “deserve” lonely lockdown for 23 hours per day. The prisoners were accused of crimes and sentenced by our criminal courts after being afforded all of the normal rights we associate with our justice system. What the meeting I attended highlighted however, was to the extent that they were being punished versus being rehabilitated.

The mission of the Virginia Department of Corrections is to enhance public safety by providing effective programs, re-entry services, and supervision of sentenced offenders in a humane, cost efficient manner, consistent with sound correctional principles and constitutional standards. Accomplishing any part of that mission is impossible if the 8th Amendment to our United States Constitution is not being upheld.

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