In most states prisoners with a terminal illness can be freed early, but Virginia only considers inmates with less than three months to live. Now, the legislature may change that, making several thousand prisoners eligible for compassionate release.
Andre Daniels had a rough childhood. He grew up poor, in the care of a single mother.
“My mom, God bless her, she did her best, but we need our fathers," he says. "We need to have structure, and depending on the neighborhood that you’re being raised in, you can have some really bad influences around you that will lead you to make bad decisions.”
After graduation from high school in Norfolk he worked in construction, but the work wasn’t steady, and at 21 he was jobless and homeless. In desperation he committed three felonies.
“It was one event, three crimes," he explains. "Use of a firearm in the commission of a felony, armed robbery and armed carjacking."
Fortunately no one was hurt, but a judge sentenced Daniels to 21 years. He has served 11, but he could now be facing death, because he can’t get lifesaving medical care for a deadly form of blood cancer diagnosed in 2016.
“I had tumors in my body," he recalls. "I could feel them – especially one that was the size of a potato. I could feel it in the lower part of my stomach.”
He had chemotherapy that left him feeling miserable. The disease went into remission, then recurred, prompting two more rounds of chemo. Now he needs something more.
“My doctors had informed me that a stem cell transplant would be my best chance of the cancer staying gone for good," he says.
But they told him that wouldn’t be possible if he were in prison.
“If an individual was to have a negative reaction to the stem cell transplant, he would have to be rushed to the hospital, and he would have to be within 30 minutes of reaching the hospital, and nowhere can DOC arrange transport and get you there within 30 minutes.”
Virginia does release inmates who are terminally ill if they have less than 3 months to live, but doctors can’t be sure about that, and Daniels – just 32 years old -- doesn’t want to wait. Instead, he asked the governor for a conditional pardon.
“It was filed in July of 2017," Daniels remembers. "I did not get an answer until two and a half years later.”
The parole board recommended against release without explanation, so the governor turned Daniels down.
He insists he was not bitter about that. " I was just hurt, because the criteria for a conditional pardon is extraordinary circumstances must be present. I was fighting for my life in here.”
Senator John Bell, a Democrat from Loudon County, thinks people like Daniels deserve compassion, so he introduced a bill that would make it easier for the parole board to release prisoners in cases of terminal illness or disability.
“These are typically prisoners who have served for a long time, are bed-ridden 50% or more of the time," says Bell. "It’s difficult to provide quality medical care for their condition while they’re incarcerated, it’s very expensive, and the current law really doesn’t give the board much flexibility.”
If Andre Daniels were released, Medicaid should cover a transplant, and if that were to succeed, Daniels says he’d dedicate his life to helping other young men avoid a life of crime.
“Going out there and robbing someone, regardless of the circumstances that I was going through at the time, I was wrong and I regret it," he says. "If the victims happen to be listening, I truly am sorry, and if I could take it back I would.”
Senate Bill 493 would not include inmates convicted of class one felonies such as murder. It passed with just one Republican—Emmett Hanger – joining Democrats in support. A vote in the House is expected soon. Daniels and his fiancée – Johnay Hardy -- are hoping it’s approved.
“We could all be one mistake away from being incarcerated," she reasons. "He’s been writing plans for a non-profit organization. He really wants to give back to the community, and he’s been in there for a long time, so he wouldn’t do anything to jeopardize his freedom, and he’s not a violent person at all. He’s not.”
But even if it passes, the measure would not take effect until July – perhaps too late for Andre Daniels – and he’s not allowed to ask again for a conditional pardon for another three years.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
