Two state lawmakers floated potential changes to Virginia’s parole system on Tuesday after discussing their recent visits to Red Onion State Prison, a facility in Wise County facing claims of deteriorating conditions and prolonged lockdowns.
Virginia abolished discretionary parole for felonies committed since Jan. 1, 1995. The General Assembly’s efforts to bring back parole in Virginia have been rejected, although the Legislature has restored some eligibility.
Sens. Dave Marsden (D–Fairfax) and Danny Diggs (R–York County) said they backed a study to examine how Virginia could modify parole, but stressed it would take time. Their suggestions included making some parole board members permanent and not up to gubernatorial approval.
The senators’ ideas were shared during and after the latest meeting of the Corrections Oversight Committee, where they and other members heard that more than half of the 507 complaints processed by the state’s prison ombudsman from March to May involved Red Onion.
“What we have done with that is that we have removed hope from our facilities,” Marsden said about parole eligibility after his Red Onion visit. “There is desperation as a result of that.”
On Tuesday, panel members talked about the concerns raised over state prisons — and questioned whether Corrections Ombudsman Andrea Sapone is getting accurate information from the state.
Raising concerns over potential misinformation, one member noted a February report from Sapone’s unit — which is part of the state inspector general’s office — said Caroline Correctional Center 2 in Hanover County had “zero security staff vacancies” when a state report last April said it was 30%.
Sapone acknowledged the Virginia Department of Corrections is reluctant to share “staff-to-inmate ratio numbers” with her office because of potential security concerns. But without full access to records, Sapone said “it’s hard to provide oversight in certain areas.”
Committee members said VADOC could be concerned over possible security vulnerabilities. Sapone said she understood and was willing to not publicize certain staff data,“but the code stipulates what information our office is to know and that is one of them.”
VADOC spokesperson Kyle Gibson said in a statement that the agency “has cooperated with OSIG to the fullest extent possible, while still maintaining operational safety and security.”
During a presentation, Sapone said her office went through 269 complaints about Red Onion from March to May, each of which could contain up to 100 different allegations. She acknowledged duplicate emails drove up the numbers when Diggs asked why Red Onion had so many, but also offered another explanation.
“I think the establishment of the office and the ombudsman unit has created a platform for individuals to voice their concerns,” Sapone replied, adding that more are likely to come once complaint reporting access grows.
Sapone challenged the committee to work on ways to address concerns, telling members “we have very real problems happening simultaneously,” including security issues “preventing visitation and services from happening.”
The panel also talked about members’ visits to Red Onion in early June. Sapone’s office is investigating the facility over multiple allegations of abuse at Red Onion State Prison, after reports of people incarcerated there intentionally burning themselves over the conditions.
Some on the panel said that several of the incarcerated people they spoke with complained about gangs and others held there, not correctional officers.
Committee members didn’t agree on whether Red Onion had sufficient staffing levels and resources available. Some pointed out that men were not allowed out of their cells during their visits and said they didn’t see anyone participating in educational programs.
Natasha White, the community engagement director at Interfaith Action for Human Rights, was one of two advocates to speak at Tuesday’s meeting. She cast doubts that panel members got a full picture of the issues men incarcerated at Red Onion experience.
Marsden said his Red Onion visit made him realize that Virginia should “revisit” parole, saying that most people at the prison and facilities like it feel the odds of them getting out are slim.
In Virginia, people must serve at least 85% of their sentences and earn credits with good behavior and while meeting other criteria to be considered for an early release.
After the meeting, Marsden and Diggs said they favored having Virginia’s Crime Commission and Criminal Sentencing Commission study potential ways to change parole. They agreed any potential changes would take time, and said a state study would provide key information for future legislation.
“Maybe a study on a better version of parole than what we had before because we went from an unworking version to nothing,” Diggs told reporters. “Maybe something in the middle is worth looking at.”
The Fairfax Democrat said he’s looking at expanding a current law that makes people convicted of crimes as juveniles, either sentenced to life or with active sentences of more than 20 years, eligible for parole if they serve at 20 years.
