Redefining Power: Your Voice is Our Vote

It is of the greatest contradictions anyone in modern day society could endure — to be on the wrong side of the prison bars and have to witness top lawmakers and administrators deeply entrenched in legal troubles. Not troubles perpetuated from a presumption of negligence concerning the workings of their office, but troubles of a more devious, deliberate criminal nature. To further their mockery of the law, they are accused of abusing the power of their respective offices to aid in covering up their foul play.

Our country has spent centuries using prison as a tool of political intrigue. As a nation, we have actively littered the prison yards with the social lepers and political scapegoats of the modern era. Most of these unfortunate souls can trace the origins of their incarceration to a sense of social ostracizing and economical hopelessness. In turn, what factors can the most powerful, most privileged members of our society attribute to their criminality? The stark contrast between the common criminal and “perp” politician brings to mind the philosophical premises governing the difference between ignorance and evil and their role in the wrongdoings of the world. On one hand, ignorance brings about wrongdoing because it is fearful and deprived of power. Evil, as it stands in relation to ignorance, utilizes its power and knowledge to perpetrate wrongdoing. From a position of power, evil thrives on the suffering and increases the wrongdoing of the ignorant.

Corruption is established on this particular ecosystem where the powerful prey upon the less powerful. This dynamic has tainted American politics and has constructed a predatorial culture where it is socially acceptable to sacrifice certain out-groups to bigot political platforms (such as tough on crime, white nationalism, and prison privatization) under the guise of financial security and economical prosperity. All the while, these dark political agendas serve to drive a deeper divide in the only true shield of the common citizen — UNITY. For far too long has the political system been used as the arm of America’s elitist class — sowing dissension — pitting poor against poor, and lower working class folk against migrates, as we all struggle for the scraps that fall from the corporate juggernauts’ table.

But how can we stop this ponzi scheme erected at our expense? Public indifference has always incited the dark agendas of corrupt leaders who offer oversimplified solutions to complex problems. These quick fixes seem harmless enough on the surface, but if one just takes time to get a closer look, we can see the fine print that greatly serves some elitist’s bottom line. Like the leaders of the Confederate South post-Civil War, corrupt leaders like to displace animosities for bad government toward less threatening targets: minorities. The public should be demanding utmost transparency from their leaders, not more political propaganda that’s fixed around the current hot-button issues.

Regardless of any foolproof solutions posed for the individual citizen to execute, not even a perfect plan or strategy can be the least bit effective without getting good, honest leaders into office. Currently, we as incarcerated people cannot vote; but we have plenty of friends, family and loved ones who can. We can help them make the best choice by guiding their research and keeping our ears and eyes open for candidates that serve in the interest of our cause. Oversight, second look, ending mandatory minimums, expanding earned sentencing credits, ending profiteering in prisons, and the list goes on. State elections in Virginia are November 7th. We have plenty of time to get our allies engaged. If you can reach out to 3 people and ask them to reach out to 3 people, and make sure they have plans to vote early, or on November 7th, you can truly make a difference.

The Struggle Never Stops, So Neither Can We.
Peace, Love, and Power,
Q. Patterson

Prompt for the Incarcerated:

How will you make sure you can extend your vote and engage people on the outside to vote?

What are some of the issues you care about that may or may not be on the ballot and why?

If you had the opportunity to speak directly to potential voters, what would you say to convince them that their vote truly matters?

A lot of campaign ads today are focused on gun violence and high crime rates, are there any arguments you (as an incarcerated person) could pose to potential voters that can debunk the assumption that progressive CJR is responsible for the perceived uptick in violence and crime?

Taxation Without Representation

Formerly Incarcerated Citizens and Civil / Political Disability

By Danny Ray Thomas

When returning citizens reenter society, probation and parole expects us to immediately find employment and begin the process of developing as productive citizens. Our paychecks have the same withholdings just as anyone else in the workforce. By April 15th of every year, we’re required to have our taxes filed, and if we’re lucky we’ll get a refund. In other instances, we’re told we owe money or funds are withheld for child support or other debts the state or federal government have made claims to.

What has always concerned me is the fact that we can be taxed as anyone else without restoration, yet we cannot vote without permission. Our tax dollars will assist in funding schools and first responders, ironically our tax dollars also pay the probation officer who’ll violate us and send us back to prison where our taxes will also pay the corrections officers and prison officials who’ll stand watch over us.

Well after incarcerated citizens complete their sentence, we remain “civilly disabled.” Why is it that we lose the right to determine which legislators and other politicians determine what’s best for the communities we live in? This is clearly “retribution,” which is considered one of the (4) four goals of incarceration, the other three being, societal protection, deterrence, and punishment. In some instances, the Courts have referenced “rehabilitation” as a fifth, but refuting that fallacy would be encyclopedic in length.

In any event, we remain “civiliter mortuus” (civilly dead) to the state which not only impacts our right to vote on the local level. Clearly this makes no sense. Again, we don’t have to prove ourselves to pay taxes yet we must do so to vote. I’d love to hear Governor Youngkin’s answer to this question; better yet, I’d like to be a fly on the wall when he’s discussing this issue behind closed doors!

Governor Youngkin is empowered to remove what the Courts refer to as “political disabilities,” but not all rights lost as a result of a felony conviction, for instance, the jurisdiction to restore firearm rights lost in those circumstances is vested in the circuit court. The Virginia Constitution allows the Governor of Virginia to individually restore political rights of convicted felons without judicial review, see the
Va. Constitution article V, section 12.

Restoration of the right to vote, hold public office, to serve on a jury, or be notary public does not constitute an inherent danger to public safety or does it? Maybe this is true for those in power that realize the power of the formerly incarcerated citizen.We all know that old addage “givem an inch they’ll take a mile!

Today we’ll vote, tomorrow we’ll serve on a jury, the day after we’ll hold public office. Neither aspiration of serving on a jury or holding public office can occur without the initial ability to vote. If they nullify our ability to vote, they also nullify our ability to have a direct impact on the system. It’s obvious which side of the aisle the ‘formerly incarcerated citizen’ stands on, can someone say “Progressive!”

In 2016, Governor Terry McAullife used his executive power to restore voting rights to more than 200,000 former prisoners in response to campaigns to end felony disenfranchisement. “I remain committed to moving past our Commonwealth’s history of injustice to embrace an honest process for restoring the rights of our citizens,” the governor said.”The struggle for civil rights has always been a long and difficult journey but the fight goes on.Unfortunately, republicans challenged the Governor’s executive order to The Virginia Supreme Court and the court determined that Governor McAuliffe did not have the authority to restore these rights without an individual application by each petitioner. Howell v. McAullife , 292 Va. 320.

The opposition to the restoration of voting rights to the formerly incarcerated has created an attitude of pessimism and defeat in many. My message to them is simple, “If voting doesn’t matter, why do they fight so hard to keep you from participating in the process?”

In Struggle,
D Ray Thomas, Green Rock Correctional, #1054249

My name is Danny Ray Thomas and I’ve been incarcerated for 21 years. I am from Pittsylvania county just outside of Danville, Va. I currently reside at Green Rock Correctional and I work as the Treatment aide. I work with counselors teaching anger management, thinking for a change, victim impact and ready to work.I am an activist and mentor in this community of men. I’m not one who’d shy away from the struggle we face, instead I embrace it. I’ve written for the “unlocked project,” a collaboration between the Coalition for Justice and Virginia Tech. I’ve also written for NYU ‘s review of law and social change publication called “The Harbinger,” my piece with them is called “The Calamity of Sentencing in Virginia” which can be found at http://www.socialchangenyu.com.I am also a part of NYU’s “Jailhouse Lawyer’s Initiative. Needless to say I am a student of this movement against mass incarceration and I look forwarded to collaborating with anyone who feels the same as I do.

What’s Free 2023!? – Voting.

Editor’s Note: What’s Free is a column that began in 2020, that asks the incarcerated community what freedom means to them. Inspired by the movement of enhanced earned sentence credits, we have raised the topic every year to keep the momentum alive as more brothers and sisters remain behind bars in the Virginia prison system. This year, Q has decided to talk about the freedom that comes with participating in our political system.

Virginia criminal justice reform has been shifting back in forth between a full, most needed overhaul and virtual crumbs to keep the majority of our loved ones seeking more from our state leaders. This year though, one hundred seats in the Virginia House of Representatives are up for reelection. This is where the power of the vote will have its greatest chance to reflect the voices of the incarcerated in the form of our loved ones active participation in the voting process.

When it comes to voting and change as a whole, all of us who have been dejected by the losses we’ve taken must be wary of a most destructive attitude – political skepticism – which only serves to keep the chains on the mind, soul, and in our case, the body.

It’s no secret: every stride gained in regards to who gets to vote in America, has come by way of combat. Normally, this form of combat has placed minorities in position of a proverbial David versus the very real Goliath of bigotry and racism. Continuous combat of this nature will leave a sense of dread and despair no matter how many times we have overcome…

For example, for the last 10 years, Virginia governors fought to ease the path to Restoration of ex-felons rights. In a single term, Glenn Youngkin secretly rolled back automatic expungement without ever addressing the public about the change. But why? What does Glenn Youngkin have to fear from a fuller version of the right to vote? He has to fear YOU!

Political skepticism is the biggest threat to change. Feeling like your vote doesn’t matter, your voice won’t change anything, that the vote is ‘rigged,’ are all thoughts that trap you in a form of political slavery where you willingly give up your fate to the hands of those who’ve already condemned you.

We’ve already heard the stories about how vicious southerners became when former slaves were granted the right to vote. Through those acts of brutality and intimidation, we can surmise how important and powerful the vote is in this country. Even in modern day – look at how Donald Trump played with the idea of the vote being rigged to charge up his base and turned them on the capitol.

Minorities often complain about how politicians are constantly pandering them – encouraging them to get out and vote for them – yet minorities are still skeptical about whether their vote even matters. The fact is that Democrats need a large portion of the minority vote to win the presidential office in any given year.

Let’s look at it this way: if the vote is real (which I most certainly believe it is), then not going out to vote has very real life-costing consequences. The greatest threat that must be overcome is the captive thinking of political skepticism.

What’s Free!? Freedom in this country looks like every single American voting in EVERY election – whether they’re an ex-felon, incarcerated, or free.

-Q

Prompt Questions (Thought Starters for the Incarcerated Population):

Can you identify examples of political skepticism in your every day life? Does it affect you? Why or why not?

How do you feel about the recent changes Govorner Youngkin made to the restoration of rights?

Being ineligible to vote yourself, how do you plan to be involved in the upcoming state elections for the Virginia General Assembly members?

How do you think that society can benefit from every American being able to vote?

“The Capitol is Being Stormed!” -Q.Patterson

Brilliance’s annual ode to black history has me checking the archives again for a bit of Hov. We are two years post wake of the January 6th Riot, and Jay Z’s take on the event still strikes every part of me that remains utterly disgusted with what took place that day…

“You let these crack-ahs storm ya capitol and put they feet up on ya desk/ and you talking tough to me? I lost all my lil respect.”- Jay-Z

“What It Feels Like” is the title of the track Jay featured on with the late great Nipsey Hussle. Here is where Jay felt the need to address the government and there handling of the January 6th riot compared to how the country continues to treat its black citizens with blatant injustice, violence, and death.

Some could easily take this statement as anti-government, but I see it as a patriot’s expression of great disappointment in it’s country. Most of America and the rest of the world witnessed America under siege.

Most cannot disregard, though they won’t to be forthcoming enough to admit it, the reality that if the insurrectionists had been predominantly of another race, the classification of a riot would have had to take a backseat to what would have been a race massacre… Now the problem isn’t with the potential of a massacre actually happening, but the fact that race holds such a stranglehold on our country’s mind. Race holds such a stranglehold on the minds of Black Americans.

As a Black American Man, I feel as if I could see it unfolding right before my eyes– minorities being violently subdued and put to death on the spot for having the sheer audacity to storm the capitol of the united states. Heinous, but sadly, it is something black people actually fear would have happened.

Jay-Z raises a voice in defiance of such fears, while pointing out the unfair treatment that continues to eat away at the integrity of this country. Jay uses his immense platform to rally the Black populace to demand the respect of its government.

I, for one, feel that Black Americans do not do enough to hold the government accountable. Jay looks to lead that way for others who may feel a little dejected by January 6th, but he doesn’t invoke despair or an increased awareness of white supremacy. He ask for anger and assertiveness. He wants Black Americans to know that they are worthy of just as much respect as any other race in America…

I agree.

-Q. Patterson

WHAT DOES CRIMINAL JUSTICE REFORM LOOK LIKE?

by Lord Serious

On September 26, 2022 Senator Jennifer Boysko and Delegate Irene Shin paid a visit to a group of prisoners at Lawrenceville Correctional Center. After introducing myself and thanking the distinguished guest for visiting us at the prison, I asked them what were their visions for prison reform and criminal justice reform. They each spoke of their record and the various bills they have sponsored and fought to get passed. I’d like to thank Q. Patterson and Sistas In Prison Reform (S.I.P) for giving me the opportunity to be a part of the group who were chosen to attend this meeting. Below is a draft of some of the speaking points I wrote to prepare for the meeting:

First, we offenders request that you amend Code 15.2-1636.7 to prohibit the Compensation Board from continuing to use the formula suggested by Virginia Association of Commonwealth’s Attorneys. This prosecutorial interest group has suggested a formula that incentives Commonwealths Attorneys offices to seek felony convictions for funding, and it deters prosecutors from using alternative methods to secure just and fair results.

This formula contributes to the mass incarceration of Black and Brown people. It encourages prosecutors to seek felony charges over misdemeanors, and it deters them from recommending diversion programs, even in cases where a misdemeanor or diversion program will result in a more just result without jeopardizing public safety. Furthermore, the formula fails to factor in the socioeconomic factors that also influence crime. All of this results in a biased criminal justice system that encourages its prosecutors to over charge and excessively sentence minorities so that their office will receive more funding.

Once this formula has been replaced with a method that will eradicate the bias and exploitative nature of the Criminal justice system. Many of your funding issues will be solved when it comes to the Department of Corrections, because prosecutors will be less inclined to charge every criminal defendant they possibly can with a felony and sentence them to prison. Those who can remain in the community without jeopardizing public safety will receive an adequate punishment without ever having to step foot in a prison, thus they will be less of a burden on the Virginia tax payer.

Next, we request that you amend Code 9.1-601 Citizen Review Panels. We ask that you expand their oversight abilities beyond the police department. We request that their oversight authority be amended to include the Commonwealth’s Attorney’s Offices and the Probation and Parole Office.

It is our position that a lot of the socioeconomic bias that infects the criminal justice system goes beyond just police brutality. The entire system neither values nor does it respect the Black and Brown life, especially when they are from impoverished communities. Therefore, we ask that municipalities be given the authority to establish Community Review Panels that will maintain the checks and balances and make these two critical departments accountable to the communities they serve.

The Community Review Panel should be allowed to play a role in determining whether Commonwealth’s Attorney’s Offices are dealing too harshly with the citizens in their community. It’s easy for an office of predominantly White people to send young Black and Brown men to prison for multiple decades for their first felony offense. But the very communities that we’re committing our crimes in do not always agree that a lengthy prison sentence is an appropriate punishment, and the voice of the community should have some influence in these matters before trial. Community Review Panels should be granted the authority to recommend eligible cases for diversion programs when appropriate.

The Community Review Panel should also be granted authority to review the practices of the probation and parole offices for biases and abuses of power. Ex-offenders on probation and parole have no right to an attorney for a revocation hearing and neither can they appeal the decision if their parole has been revoked. This leaves ex-offenders at the mercy of the probation and parole office and they are powerless to prevent abuses of power. Therefore, Community Review Panels should also be granted oversight authority to protect returning citizens from bias probation or parole officers.

And lastly, we would like you to pass a law to make financial literacy a requirement for our rehabilitation. The Uniform Crime Report data shows that poverty is a major contributor to crime. In fact, that report list economic conditions and employment availability as the #3 influencer to crime in the Commonwealth, eclipsed only by population density and population stability which were #1 and #2 respectively.

Legislators in Virginia recognize that having access to more financial resources can help prevent recidivism. This is why the law was passed that now requires us to save $1,000 in our hold account. Obviously, legislators realized that Virginia offenders were not doing a good enough job with saving their money and many were being released with only the $25 they gave you for the bus ticket and the lack of financial stability is what was leading many to re-offend. Unfortunately, with inflation steadily increasing that $1,000 will have less impact by the time many of us are released.

So that $1,000 is not enough. If you distinguished guest are serious about prison reform and preventing recidivism then the nature of the Department of Corrections will have to change course, it must turn away from it’s past when it was a system that used mass incarceration as a profitable economic model. This economic model has failed and your budget issues and the statistics all show that mass incarceration is an unnecessary burden on the tax payer and it has never increased public safety.

-Lord Serious, September 2022

Speech by Q at the Rally Against Earned Sentence Credit Revocation

Listen as Q speaks at the rally about what it’s like to be incarcerated right now, and what it’s like to do too much time. He also addresses all of us out here and reminds us how much WE can take action and show up as families of the incarcerated. Thank you to Voice for the Voiceless, Humanization Project, Delegate Don Scott and others who were able to show support today. The work isn’t done!

Our editor, Santia, holds an iPhone to the microphone for the public to hear.

Too Much Time: July Prompt

It’s been about a month since Governor Youngkin dastardly used his power to amend the state’s budget and deny thousands of deserved inmates a chance at an earlier start on a new life in the free world…

Advocates have rallied in the name of those incarcerated. Media outlets have been taking notice. The time has come for us who are imprisoned to speak for ourselves… WE have a voice, and we have a platform. Brilliance Behind Bars belongs to us all. Let’s let the world know what goes on behind the walls – the things apathetic politicians deliberately hide from the public eye…

Write an essay, compose a poem, or just drop some quotes describing your personal struggles in the penitentiary for your own rehabilitation, and explain how the denial of justice has affected you and your family. Explain to the public, legislators, advocates, etc. why you deserve a shot at an earlier release date. Remember: the world is really taking notice now. Let your voices be heard!

Do not forget to include your name and any contact information for any readers who may be able to offer you some assistance.

I have more love than you can imagine for each and every one of my brothers and sisters on this side of the struggle. I pray we find the light in these dark times.

Sending love, blessing, strength, and hope,
-Q

Too Much Time: A Letter to the VA State Leaders about the Budget Amendment Rollback of Earned Sentence Credits

By Quadaire Patterson

I can say, with utmost certainty, that I have been in prison for TOO LONG. And the longer I stay, the harder it is for me to keep my spirits high, to give my all to the pursuit of ‘better,’ and to truly be the change I’ve become.

Despite the DOC’s egregious lack of true focus on rehabilitation, I know that I have made the most of my 14 years behind bars by leading my own journey to being the best version of myself. Day in and day out, waking up in prison slowly gnaws away at the intensity of that inspiration and stifled MY momentum… but never totally extinguished it.

I plea with Virginia state leaders to save my spirit and others like it, as time in prison can be just as destructive to a person, as it can be in rehabilitating them. It is true, time heals all wounds; but too much time begins to erode even the greatest of monuments.

My story isn’t one you hear often when thinking about the concept of prison – but its more common than you may think. Not once have I ever taken my incarceration, nor my rehabilitation, lightly. I always took the experience as an opportunity to grow and change my life around. From the onset of jail, before reaching prison, I worked tirelessly to build practice in meditation and spiritual strength, and gain purpose behind my life. Not once have I ever denied myself the responsibility of my own actions or felt as if I didn’t deserve to be in here. I chose books instead of card games, I chose to watch news programs instead of entertainment. At times, I even accepted that I wasn’t ready to return to society just yet. I used to say to myself, “even if they came to let me out today, I wouldn’t be ready.”

I’ve faced challenges along the way, as I haven’t always made the right choices. But still, I kept my head above the fray and the thick air of desperation and destitution that fills the penitentiary from wall-to-wall. I can recall great moments of inspiration, where I was more than ready to face the world with new eyes and put forth my newfound perspective toward the mission of making a better tomorrow… these moments began in the year of 2012, 4 years into my 20-year prison sentence.

I have never once sought my rehabilitation with the motive of early release. I’ve undertook every means of my own rehabilitation, purely because I would inevitably be released and finally got serious about my own life. Still, I continue to maintain the vision of a new day of freedom for me and to maintain a version of a future in my heart where I can use my past to help guide others with the guidance I needed as a child. I just figured the leadership finally recognized people like me when they passed the expanded earned sentence credits in 2020.

Maybe that’s why it hurts me so much to hear that people don’t believe I deserve a chance at earning an earlier release date. I’ve put faith in the system – even when it was hard to – and even when it imprisoned me. I sought to understand it, and in return, it has not reciprocated the same sentiment. The system has not sought to understand me as a person; to understand that against the odds of incarceration, I’ve still maintained my hope and faith in society regardless of what it has done to me.

Yes, I had to come to prison to find myself, but I am absolutely sure that I don’t have to STAY in prison to keep it. As a matter of fact, I feel a tiny piece of my spirit gets chipped away every time I hear another person has overdosed, or got into a fight, or stabbed. Every time, I lose a little more faith in the system, another fragment of my vision of a new day…

I know WAS a misguided young man, and in the process of being so, I may have caused harm to some people over a decade ago. I’m not making excuses and not saying that the pain of the people I hurt was not important. What I am saying is, I’m a new person, and I deserve a chance at being proactive with my change and begin to make amends sooner than later. The person I am now will NEVER revert to crime. The person I am now, at 34 years-old, understands his own potential: an understanding that isn’t afforded to a lot of poor, black youth.

I ask state leaders to not disregard my efforts, or others like me with a self-imposed rehabilitation and personal growth, by saying it is unworthy of actual redemption in the form of an earlier release date. When you disregard us, now it is YOU who are working against a greater version of what we are today.

-Q. Patterson, Brilliance Behind Bars Creator

Guarantee For Success

The Guarantee For Success is what comes to my mind when such topics relating to freedom are presented to me. Yes, the prison doors in Virginia are going to be opening up like never before due to a piece of legislation that was passed in 2021 General Assembly.

Many offenders are going to be released before their expected release date! But the reality is that freedom wont be valued as long as the contents of a man’s heart won’t be challenged beyond the crimes that lead them to prison. Character refers to the moral, strength, self discipline, fortitude or a good reputation. It is also what enables you to act on your integrity, which guides you to believed what is right or wrong. Yes, it is right for us to have this discussion but it is also wrong if everybody don’t play their part, and get a grip on not just prison, but the person as well.

Yours truly, Leroy Williams, of Deerfield Correctional Center

Rehabilitation, by Jerry James

Here at D.F.C.C, the inmates are very grateful that a new bill has been moving in the General Assembly to grant us the opportunity for some type of relief! However since 1995, the abolishment of parole, Virginia has not implemented any type of beneficial reform that would allow inmates to be released earlier. Nor has the V.A. D.O.C. given any incentive programs that will encourage good behavior and allow inmates to be released back into society. Therefore, we believe this bill, SB378, will be a great addition to prison reform.

You have individuals serving lengthy sentences looking forward to only 4.5 days a month – is that really an incentive to behave? This current law that’s in place is a hopeless law, which is the truth in sentencing act.

Let’s take for instance, myself, Jerry James, a first time offender who has done 22 yrs on a 38 year sentence with 11 years to go. I will admit in the beginning of my sentence, it was rough on me mentally. I really felt hopeless and didn’t see signs of relief. I gave up on the moral principles that I was raised upon and conformed to what I felt was normal prison life to fit in, as so many others that are in my position.

Then I came to my senses and realized that my decision did not only affect me, it took a toll on my kids and family and loved ones too. In order to change, I had to take the necessary steps to improve and change my way of thinking. I enrolled in mind changing programs such as Breaking Barriers, N.A. and A.A., Thinking for a Change, peer support groups and also going back to the way I was raised and got myself back right with God. I took Commercial cleaning class, plus I received my G.E.D. along with being Valedictorian of my graduating class. Now I am receiving my Associates degree in Biblical Studies at Revelation Message Bible College in Jacksonville, Florida. I have been charge-free for 17 years, so it is possible to do so, despite the many obstacles that I constantly have to hurdle to continue my rehabilitation!

I also hold the most trustworthy job at this facility, working for the Administration such as the Warden, Asst. Warden, the Major, Captains, and Lts, doing Custodial Maintenance and keeping their offices clean, along with hallways, floors, bathrooms, trash, sweeping, mopping and ordering supplies.

Therefore, I truly believe that SB 378 will be a great fit and will give guys something to work for to get home to their LOVED ONES!!!!!

Jerry James
Deerfield Correctional Center