Governor Northam has announced plans to free about 2,000 inmates who are scheduled for release from state prisons within the next year. They must pose no threat to public safety and have good prison records. About 28,000 more will remain behind bars – even if they’re disabled or have medical conditions putting them at high risk for death if they were to catch COVID-19. Meanwhile, a federal lawsuit may mean freedom for others.
Prisoners are understandably nervous about news of a highly contagious and potentially deadly virus spreading outside prison walls. We spoke with one inmate at the maximum security Wallens Ridge Correctional Center.
“There’s nothing we can do, nowhere we can go," he told RadioIQ. "If the coronavirus hits here, we’re dead!”
And families have been begging the governor for clemency. Eighteen-year-old Jayln Midgette’s father will be eligible for parole in July, but for now he’s locked up at the Buckingham Correctional Center.
“It’s scary to know that my dad may be exposed to the virus in this situation where they cannot social distance from anyone," she said, holding back tears. "Imagine him getting the virus is really upsetting, because what if he dies and I never see him again? He wasn’t sentenced to die.”
It’s clear to everyone that correctional facilities can’t comply with CDC guidance on social distancing, so federal prisons and jails have been working with judges and prosecutors to free prisoners. Charlottesville Commonwealth’s Attorney Joe Platania says 171 inmates were recently released from the Albemarle-Charlottesville Regional Jail.
“We started out trying to release everyone identified as medically vulnerable," he explains. "We then looked at everyone who had an active sentence remaining of six months or less and tried to figure out how to get them out on home electronic incarceration to finish their sentences.”
But Virginia’s governor seems powerless to do much with fewer than 2,400 inmates eligible for parole. Ralph Northam said he could not just pardon prisoners, because the law requires each to apply and be considered separately.
“My folks are working around the clock," he told reporters at a briefing Monday. "A number of individuals have been released, but we have to follow our protocol, and as far as an executive order, I don’t plan on releasing an executive order.”
As a result, fewer than a hundred people were freed in March, but Northam could soon have new powers to protect prisoners. A Charlottesville lawyer, acting on behalf of 27 inmates at 12 state correctional centers, has filed suit in federal court.
“It’s a tinderbox as far as spread," says Elliott Harding. "My first client, Brooke Worley, she was on board to bring this suit last week, and then Monday morning she tested positive for COVID.”
He believes keeping people locked up in close quarters during the pandemic constitutes cruel and unusual punishment – especially for those at high risk of death.
“Some have respiratory issues. A few of them only have one lung. A few have cancer, multiple sclerosis, COPD and the system is not equipped to be able to handle this.”
Harding hopes the state will agree – paving the way for a federal court supervised settlement in which many prisoners could be released early or sent home with monitors, and he hopes the court will act quickly.
“It’s my understanding that the court wants to have a preliminary teleconference early next week – maybe even as early as Monday.”
One other hope for inmates and their families -- the General Assembly returns to Richmond April 22 for a special outdoor session at which lawmakers could make it easier to release prisoners who don’t pose a risk to public safety. The state reports 26 inmates have already tested positive for COVID-19 – one a juvenile, five have been hospitalized and another 24 staffers have also contracted the virus.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
