Tag: budget amendment

The Budget’s Body Count

I stood in the pod and listened to WRIC Richmond 8News as they reported that VADOC plans to close four of its state facilities and assume control of its now only private-ran prison, Lawrenceville Correction Center, back from GEO Group. These plans are to take effect in 2024. Allegedly, this proposed course of action is in response to the staff shortages, the sharp spike in drug overdoses, and drug overdose related deaths.

What continues to elude me is that given all the reports and coverage, there is not one utterance of the apparent correlation between the increasingly lethal conditions befalling the incarcerated and Governor Youngkin’s budget that keeps the prison population unnecessarily high and extremely vulnerable to the effects of the deadly fentanyl epidemic.

It is evident that the ENTIRE world was ensnared in the chaos brought on by the Cornanvirus Pandemic. This should not exclude the fact that the immense adverse effects on the mental, physical, and emotional scapes of people did not fail to reach us here in prison. Reasonably, the struggles stood to endure by the public were undoubtedly intensified by the conditions of incarcerated living…

As sickness ravaged the public, the prison population suffered the amplified effects of disease associated with cramped living conditions. As the economy experienced joblessness, the prison experienced a lack of security staff and thus a harmful lapse in overall security, jeopardizing the health and safety of the entire incarcerated population.

The country, as a whole, is still enduring a mental health crisis. The only difference between the public and prison is the availability of professional psychiatric help for the incarcerated. Alongside the fact that prison, in itself, is a major mental stressor. Without proper counseling and a fertile, constructive environment, such mental stress is bound to convert into substance abuse. And in turn, a substance abuse habit has become a much more lethal coping mechanism in the midst of the fentanyl epidemic.

I guess the task of protecting the people, entrusted to our state leaders, doesn’t extend to the many human beings excessively incarcerated by a broken system. Or maybe state leadership, headed up by Governor Youngkin, could not properly assess these critical factors behind the very real blinders of polarized, partisan politics. In any case, the budget amendment could be seen as mere political maneuvering, but given its very lethal effects, the call to stay thousands of me and women to excessive prison sentences has proven deadly.

I have been incarcerated well before the abolishment of the death penalty in Virginia. That has not sheltered me from the continuous heart break time and time again having to witness the needless death of men whom where never expected to die in prison… Those whom just the simple support of home, family, or professional counseling could be here today.

Though many of us in prison are here because of the choices we’ve made, none of us remain here under the strength of our own volition. Excessive sentencing, political gaming, and human profiteering has held us captive in what is becoming an even greater deathtrap than ever before…

There is always a price for power. The price for political power in this instance, has been at the very affordable cost of human lives…

Love, Peace, and Power
Q.

Prompt:

Have you noticed the uptick in overdoses in your respective facility? How has this affected you and those closest to you?

Due to the budget amendment, a large number of people have been blocked from going home. Do you think that contributes to the uptick?

How can we as incarcerated people help with the drug crisis within the prisons?

What do you think the prime agents are that contribute to substance abuse in prison? And how can state leaders address this problem?

OPPOSING SCALES: THE WEIGHT OF VIRGINIA’S ENHANCED SENTENCE CREDITS & 2022 BUDGET AMENDMENT

By David Bomber

From the moment that Don Scott, Delegate for the 80th District of Virginia, introduced the Earned Sentence Credits bill in 2020, the atmosphere in this state changed. Suddenly, it seemed like criminal justice reform in Virginia was taking on real meaning, that change was finally coming about. In turn, this bill energized advocates and incarcerated folks alike, as well as their families, and further gave everyone involved a glimmer of hope. What fueled that fire even more was during that same year John Edwards, Senator for the 21st District of Virginia, introduced a bill to reinstate parole – an extraordinary measure considering that parole had been abolished in Virginia since July 1st, 1995. For all intents and purposes, it seemed like the lawmakers here in Virginia were finally getting it. Perhaps all the hard work that everyone had put in towards criminal justice reform was finally paying off.

Although the Earned Sentence Credits bill eventually passed, it turned out to only benefit some, while it dashed the hopes for many others. Initially the bill was introduced to provide incentives to gain an earlier release for any given prisoner who demonstrated good behavior and worked towards rehabilitating themselves. Unfortunately, that same bill was amended later on to exclude violations of certain offenses, such as malicious wounding, homicide, robbery, etc. This means that those affected by these exclusions can only earn the same rate of “good time” as they always have, a maximum of 4.5 sentence credits for each 30 days served (for those under the “new law”). The other crushing blow came that affected all the new law incarcerated folks as well as their families is when Edward’s bill to reinstate parole was first “tabled,” then eventually defeated. Perhaps lawmakers here in Virginia aren’t getting it after all – keeping folks locked up isn’t the answer. If anything it exacerbates the issue of mass incarceration.

What followed suit after that can only be characterized as mind boggling. In Governor Youngkin’s 2022 budget amendment, a provision was adopted that precluded anyone with “mixed charges” to benefit from the Earned Sentence Credits statue. In other words someone with convictions for something like grand larceny & malicious wounding doesn’t qualify for Earned Sentence Credits based solely on the malicious wounding. To put it fairly, this amounts than nothing more than a Draconian policy instituted by the Younkin administration. It is no wonder that the ACLU of Virginia has filed two separate lawsuits over these matters – one of which was recently won because the Earned Sentence Credits statue was misinterpreted and ultimately misapplied by the Virginia D.O.C. The other, which hasn’t been decided yet, addresses Youngkin’s policy on the ineligibility aspect of those with “mixed charges.”

If anyone isn’t surprised by these things, it is I. Convicted in 2011 of aggravated malicious wounding & second-degree murder, both the Court of Appeals and Supreme Court of Virginia’s determined that they could “not ascertain the legislative intent” and ultimately upheld my convictions – never mind that only ONE ACT was involved against the SAME VICTIM. From my perspective, it seems that Virginia has a track record of failing to interpret the statues properly, and further gives me the sense that I am being punished twice, unfairly I might add.

Similarly, the exclusions set forth in the Earned Sentence Credits & the 2022 Budget Amendment gives many incarcerated folks and their families a bleak outlook, particularly on criminal justice reform. As stressful and daunting as these matters are, now is not the time to roll over and pretend that these issues will go away on their own. The best thing that advocates, incarcerated folks, and their families can do to cope with these issues and bring about change is to take them on and get directly involved with Virginia’s lawmakers.

Thank you for taking time to read this. If you would like to get in contact with me directly, my contact info is enclosed below.

CONTACT INFO

To email me directly please visit http://www.jpay.com and submit Virginia ID #1130793 (Jpay is a service that the Virginia D.O.C. utilizes for prisoner communications with the public)(Note: this service does require users to purchase virtual stamps in order to send messages).

To follow my cause on Facebook:
@Justice4davidbomber

To join the conversation:
#freedavidbomber

To follow me on social media:
https://linktr.ee/freedavidbomber

For General Correspondence:
David Bomber #1130793
Nottoway Correctional Center
P.O. Box 488
Burkeville, Va. 23922

July Prompt: State Leaders, Mental Health, and Incarcerated Lives

It’s been an entire year since the VA governor’s 11th hour budget amendment that denied thousands of hopeful incarcerated people and their families long-awaited relief from Virginia’s harsh practice of over sentencing. The sudden walk back combined with the already adverse conditions (i.e. the Coronavirus Pandemic, Fentanyl, etc) plaguing the penitentiary have caused serious stress for some – myself included. This elevates the every day stressors of prison life from a common occurrence that can be remedied with moderate time and care, to a contest of will that can have lethal consequences for the defeated.

The prison yard has been relatively quiet, subdued by the jerk and pull of politics and the overwhelming sense of powerlessness. Dejected prisoners have not mustered the spirit to organize in light of all the work that has been done on their behalf in the past few years. From personal experience that spans a decade and a half, prisoners do not expect things to change and the past year has reinforced feelings of injustice. These feelings have been suppressed for the most part and redistributed to expressions that firmly place prisoners deeper into prison life and further from productive, prospective ways of thinking.

For me, the past year has been a crash course in environmental influence on mental health and how this is so essential to effective rehabilitation. It has also raised an important question in my mind: How much weight do our state leaders place on the mental wellness of its incarcerated? How much weight to they place on mental wellness and public safety?

State Democrats decided not to readdress Enhance Sentence Credits in this year’s General Assembly — predicting failure to pass and further unnecessary stress on prisoners and their families. Currently, the matter of Earned Sentence Credits and the Governor’s walk back of eligibility is being heard by the VA Supreme Court. This process can take quite some time to be decided. Other alternatives to relief include: expiration of the budget amendment in June 2024 (and hopefully its not reissued by the Governor and House), or The House gains enough Second Chance members in the upcoming election to push a bill through. This form of alternative also cannot be effective till 2024.

In the meantime, what do we do about the immense mental stress that is pushing prisoners to very bleak brinks — increased agitation, physical altercations, deep depression, and drug overdoses? Each of these issues have been exacerbated by Governor Youngkin’s political agenda and toying with human lives…

-Q, July 2023

Prompt Questions (Thought Starters for the Incarcerated Population):

  1. Can you identify any extra stress brought on by the governor’s budget amendment; for you, your environment, loved ones at home, or friends/family on the inside?
  2. How can the state better use resources in order to address the mental health of incarcerated people?
  3. What may be some key ways to deal with elevated stress while incarcerated?
  4. Can you think of any alternative ways the prison community can view the legislative process to better cope with changes like that of governor Youngkin’s budget amendment?
  5. What can we do as incarcerated people to ensure that we put the right people in office who care about our lives?