Reflect

Thank you for allowing me to express myself, and for the work y’all do.

True change can only come from the person that wants change. We must use this time to reflect on ourselves and take the steps to better ourselves cause if we wait on the DOC to do it, we will be waiting a lifetime. Everyone deserves and needs a second chance, no matter what he or she did. Without it, what does a person have to look forward to?

Our last governor got a second chance to show he isn’t the person in a certain photo, and with that second chance, he showed us the real person he is and who knows how many second chances our new governor has gotten or will get. Second chance legislation is good; no I wouldn’t qualify if it passed right now, but there’s others who will. I got a 35yr sentence and have been in for 25 yrs now and have received 3/100 series charges in that time.

One, I was simply lied on, but as you know, you’re going to get found guilty on what the officer says, and the charges weren’t back to back they were yrs apart. Last one, last yr

The behavioral requirements are to much cause the system is set up for you to fail. If you go 20yrs charge free now, you’re manipulating the system then they trick you up to catch a charge. Things happen in here and some you can ignore, others you can’t. This VADOC isn’t set up to correct or rehabilitate you, cause it offers you nothing to help you in here, or for when you get out. When you do right, they give you no incentive or reward to keep you in the right direction, but when you step outside of their line, they are qiuck to take something from you. They should charge the behavioral requirements, as I don’t think people in vadoc can meet that requirement. At the end of the day, they need to look at who we are now and the things we have done for ourselves to be better citizens in society and to stop judging us from our past. Thank you for your time, and God bless.

– DERRICK EDMONDS

Sentence Modification: A Step in the Right Direction

Peace! My name is Darius Simmons (B.K.A. 7). I am currently 15 years in on a 22 year sentence. This is the first (and last), time that I have ever been convicted of a felony and sentenced to prison time. I didn’t kill, injure, or harm anyone. However I was sentenced 12 years outside of the sentencing guidelines that only called for 9 years, 2 months as part of a plea agreement. This is higher than my co-defendants who all had prior felony convictions.

During my incarceration, I sought out every avenue available for relief, to no avail. I even petitioned Gov. Northam for a Conditional Pardon, only to be denied after waiting for an answer for 4 years.
You see, I never once denied my role in my case and took full responsibility for my actions, but the sentence was woefully disproportionate to the crime and the Court didn’t take into consideration the fact that I had no prior record, and I turned myself in!

The first few years was rough. I had to learn the law, then I fight my own case to the bitter end with no legal assistance. After I exhausted all of my remedies, I fell into a deep depression as it felt like I had life sentence! At only 24 years old, to be faced with 2 decades can seem impossible to do. I eventually lost hope, started getting into trouble, ran my security level up, and ended up doing 5 years at a Maximum Security prison. It was there, after being surrounded by guys who had triple digits and multiple life sentences, that I decided to accept my fate. However, I realized that this isn’t how I wanted to live my life. So to ensure that I don’t recidivate once I am released, I made the decision to utilize the rest of my time to equip myself with tools that I can use to be legitimately productive in society.

I obtained my G.E.D., I’ve taken numerous rehabilitative programs, I received several Trades, maintained employment tutoring in the G.E.D. class, and becoming Teacher’s Aids in the Trade courses that I completed! I eventually worked my way back down to Security level 2 facility and been at D.F.C.C. for the past 4 years. The sad part about it is, I still have 4 years left to do! Its clear to see that I’m not the same young 24 year old kid that made a few bad choices. I’m now a 39 year old man with a Fiancée and 2 teenage kids who need my presence now more than ever! I have an aging mother who’s health is declining and I fear that I won’t get to see her again as a free man. Not to mention all of the loved ones that I lost over the years that I will never get the chance to see again.

The Sentence Modification concept and bill, which has already been adopted in D.C. and Colorado, if passed, will be a step in the right direction towards fairness in the criminal justice system here in Virginia. This would be for myself and countless other men and women with lengthy sentences, who are not who they were and deserve a ‘Second Look.’

Also, for those who are just starting out on a long sentence, just knowing that such a policy exists, provides an incentive that will motivate a person to want to rehabilitate themselves, hold themselves accountable for their past mistakes or poor decisions, and take responsibility for their actions moving forward, in hopes to possibly return home to their families one day. In turn, this will generate a safer prison system and lower recidivism rates do to the incentivised behavior modification and rehabilitation.

Science shows that a person’s brain doesn’t reach full maturation until between 25-28 years of age. This means that although a person is an adult by societal standards, they are still incapable of making rational decisions or temper emotions in certain situations as a person in their mid 30’s and beyond. As a result, they make an ill advised decision that they end up regretting for the rest of their lives. Add to that, the fact that statistics show that most people ‘Age out’ of criminal behavior in their 30’s – thus proving that people do change!

Now the question is – do we continue to perpetually punish people for making bad choices at a time in their young life, with all the pressures surrounding most of them, based on their economic and societal circumstance? Or do we as humans have compassion and understanding that ‘people make mistakes and poor decisions.’ We all have at some point in time in our lives. Just some are a little more severe than others. And no matter how severe or not, we all want the same thing: To be forgiven!

Pertaining to the bill as it stands, I think that its too restrictive in regards to the behavioral stipulations for eligibility. Staying charge-free for five years is nearly impossible. In a prison with people warehoused in close quarters and everybody’s dealing with their own unfortunate situations. Whether it be the loss of loved ones, missing loved ones, or just not having any outside support at all. Plus tired from being down so long or just starting out, having a hard time adjusting and the end is no where in sight. Couple that with all the different personalities, makes for a very hostile environment where anything can happen. It doesn’t have to be you who initiates conflict or even be at fault. You just might have had to defend yourself and you still will receive an infraction which won’t reflect that you acted in self defense.
Or, a C.O could be having a bad day or issues at home that they bring in here with them and take it out on us. You could be on the receiving end of an infraction as collateral damage. Sounds strange, but it happens more often then you think. Maybe something as small as not having your shirt tucked in or not standing in time for count can effect your eligibility to petition. So five years infraction free is hardly an achievable feat. If passed as it stands, I myself wouldn’t be immediately eligible. I still would have 2 more years to go before I’m eligible.
So with a few amendments, I think this Bill can change the landscape of the justice system in Virginia and make it fair and just for all.

Darius Simmons, Deerfield Correctional Center

Definition of Second Chances

Thank you for allowing me to express my take on a piece of legislation that’s beyond what a person has done wrong in life, but how he or she responded to what they have done. “THAT’S MY DEFINITION OF SECOND CHANCES.”

As I sit back and reflect on how the United States has more people incarcerated than any other country, it leads many people to believe that incarceration is more about politics than the crime or the victims of those that committed those crimes. Since Jan. 1st of 1996, Virginia got tough on crime and came up with one solution, “85% and no parole.” So now I pose this question, is that the real solution? Of course not! That’s because most of the inmate population will be released one day, change or not!!!

It’s about time, it’s long overdue for us Virginians to put in place legislation that focuses on Second chances. Giving individuals the necessary tools to be able to tackle not only what led them to prison, but beyond prison is the REAL SOLUTION. So why not put in place a system that restores good health through therapy and allow the judicial system to evaluate a person after a period of time for an early release, because there are plenty of people in prison that are still being punished for who they used to be, rather than who they become. Enclosing, it’s not a matter of if this piece of Legislation is enough. It’s about getting back to what this country was built on, second chances!!!

Leroy Williams
Deerfield Correctional

Shaveek’s Opinion on Second Look Qualifications

From my knowledge of the second look legislation and the requirements to petition, it serves a great opportunity for those of us who have already determined use in our incarceration as a means of better ourselves.

Even more than that, I believe that it’s an even better opportunity for those of us who have lost all hope of regaining our freedom and acceptance into society. Regardless of the prison system being identified as a place of “correction,” there are very few chances of lasting rehabilitation and in most cases, these chances are only given to the “privileged.” By the time we may have a chance at rehabilitation, it’s usually towards the end of our sentence where it only serves as another responsibility that we must juggle along with the task of building an entire new life.

Personally, I believe that nothing is impossible and success depends on a person’s willingness to act in any given situation. All of the regulations that come with petitioning for a second look are useful in some aspects, but for those who have committed a crime at the age of 26 or older, it only serves as an unnecessary obstacle, as your age when you committed your crime is irrelevant to who you are today. They should only require 10 years as well.

As far as staying charge-free goes, I definitely believe that “keeping your nose clean” is a discipline that will only make an individual more productive. There are some situations where we may be unfairly treated in order to sabotage our chances at a successful homecoming, but any system that cannot protect the ones it is supposed to govern will fall of its own accord. The temporary setbacks would be nothing compared to ultimate elevation of the individual. Unfortunately, I don’t currently meet the qualifications of being charge free for 5 years, but through my disciplinary infractions, I’ve become more disciplined in my own actions which have both kept me out of trouble and made me productive in other areas. Second look legislation is a great opportunity for all of us, even if we can’t see it.

My name is Shaveek Pittman, and I am currently incarcerated at Lawrenceville Correctional Center, and my projected release date is in 2026. Change is right around the corner!

Shaveek Pittman

An Earned ‘Second Look’

Right now, as an incarcerated person in Virginia, I do not have a lot of options when it comes to obtaining any form of relief from a lengthy prison sentence – and it’s definitely not based on my own willingness to rehabilitate. For years and years, incarcerated people are housed with little to motivate them into productive and meaningful rehabilitation. We are asked to merely sit quietly and wait until the time is served and there is little emphasis on correcting behaviors. We are asked to maintain employment for a majority of our time, stay charge-free, and it is not until the final years of our sentence, that we are instructed or able to take re-entry programs and the like. Still, there are many of us in here that need that extra bit of motivation, reason, and cause to push us. There are many of us who have taken measures to earn the opportunity for a second look.

This year in Virginia, there is a bill on the table to implement a policy called ‘second look.’ This would allow for the incarcerated population to petition the convicting court for possible resentencing based on who they are today.

Knowing there’s over 30,000 people in the Virginia Department of Corrections’ custody, a petitioner must meet requirements before they can submit. A person who was 25 years of age or younger at time of conviction is required to serve at least 10 years of their sentence, while those over the age of 25 must at least 15 years. The structuring of the age requirement is based on scientific findings concerning full brain development and aging out of crime.

The second, and more controversial element of this bill, is about maintaining a near perfect record for your past 5 years of incarceration. It states in the bill that an incarcerated individual cannot have been found guilty of any major institutional infractions (100 series, e.g. assaulting an officer), and only one minor infraction (200 series, e.g. unauthorized area) within 5 years prior to petitioning. You must also be at GCA (good behavior) level 1 at the time of application. This is the cause of some criminal justice advocates’ concerns. They believe that the behavioral requirements are too strict, unreasonable, and even near impossible to achieve by most prisoners.

My personal thought on the matter is that it is a little shameful for advocates on the outside to assume, that given the opportunity, we, on the inside, could not possibly maintain a charge free status for 5 years – EVEN IF OUR FREEDOM DEPENDED ON IT.

Many of the arguments provided by advocates suggest that corrupt correctional officers and staff will take ample opportunity to excessively charge prisoners, solely to ruin their chance at petitioning. Though their arguments cannot completely be disregarded, I find it rather negligent to attribute that much weight to supervision only. I have experienced COs and staff members who do not always have the best intentions and fall short of standards that should be expected of professionals in charge of human lives. But to the contrary, these individuals are far and few in between. They are probably as common as the overly obnoxious boss, supervisor, co-worker, etc. that you may experience on the outside. Plus, there are many avenues currently in place to address grievances of prisoners who deal with potentially corrupt staff members and officers.

I, myself, understand how hard it is to maintain a perfect behavioral record in prison. Early in my incarceration, I managed to receive numerous charges. Most of which, were not minor infractions. But I also understand that a “second look” law did not exist for me then. There was not much to help focus and motivate a better pattern of behavior. Unfortunately, I had to learn the hard way. After seeing my life heading in an unwanted direction, I had to take charge of my own rehabilitation.

When I first entered the prison system, I didn’t have a high school diploma. Not only have I acquired my GED, I’ve also been working hard to fulfill my college-level education goals. Currently, I’m taking print-based correspondence courses at Ohio University. I’m working to obtain an associate degree in social sciences. I have been mentoring young men for over 10 years, helping them find their own spiritual journeys, tutoring various subjects, and motivating them to seek higher education. For years, I brainstormed this very platform to help showcase the brilliance of people incarcerated and was given an opportunity to bring Brilliance Behind Bars to fruition, going strong for 2 years.

People grow, people change, and people can be rehabilitated, even when the odds are against them, and rules seem petty. I see this bill as an opportunity to push people in the right direction, make for more public safety in and out of the prison walls, and bring us some hope for a brighter future.

Quadaire Patterson has been in prison in Virginia for over 13 years – since 2008. He was 20 years old, caught up with the wrong people at the wrong time and ended up with an extreme 20-year sentence for robbery/use of a firearm; when he didn’t take anything or have a weapon.

On Second Look: Incarceration is just another word for nothing left to lose.

There is a song by Janis Joplin where she says “FREEDOM is just another word for nothing left to lose.” I thought about those lyrics and what they mean, then I changed the word FREEDOM to INCARCERATION and it speaks to me in an entirely different way. Context is everything … looking at someone or something today with the eyes of yesterday is the best way to stagnate, ignore and even deny progress.

In life, we have the opportunity to Forgive and Learn. Forgiveness comes from the heart of those offended as a part of their healing process and the lesson is learned by the offender thru the penalty received. In terms of incarceration, its not the amount of time imposed but what you do with that time to atone… and once that lesson is learned, the cycle is complete.

“Second Look” in lieu of parole or more sensible good time laws for exorbitant sentences allows for a fresh set of eyes to review and determine if the aforementioned cycle is complete. Most of those in opposition to any significant prison reforms are denying not only those incarcerated, but themselves of the invaluable gift of growth, as well as the ability to learn and forgive. Unfortunately, personal agendas and biases (both implicit and explicit) continue to block the path to real justice in Virginia, so this has to be addressed if one is to reasonably expect anything different.

Telling people that they are irredeemable by using this strictly punitive and archaic sentencing structure (85%, no parole), then releasing them into society anyway after 30, 40 or 50 years of incarceration does society no good… Has it stopped crime? NO! Has it been a deterrent of any kind? NO! It has no benefit other than retribution.

Wasting a human resource out of spite should actually be a crime itself. 26 years of this system and what you have are packed, understaffed prisons – and some of which need drastic renovations or need to be closed down altogether and a state budget nightmare for years to come.

The punishment of incarcerating someone now isn’t just about doing the time imposed on you when you’re sentenced…. its doing so much of it that when you’re released to the world, you have no real time left.

Depending on how this Second Look legislation is structured and implemented, that will determine its success and benefit… whether or not it means that every year after a certain point in a persons sentence they will be evaluated (by unbiased and subjective people, not a computer algorithm) on a scale that is evidence based, or if its only for those like myself incarcerated at 18 years old, now 41, and about to embark on my 24th year of a 45-year sentence – still having another 18 years before my mandatory release date?

This legislation also has to be retroactive and all inclusive (for violent and non-violent) in order to be fair and combat some of the damage done by the 85%, no parole laws. Either way, there is no downside to review someone after a certain point in their incarceration, that’s the humane thing to do… its why parole and good time credits exist (not in Virginia).

However, what I don’t want to see is another mechanism in place that feels its sole function is to just keep people in prison regardless of any proven change in mindset and behavior. That seems to be what the republicans believe the parole board is supposed to do… just rubber stamp NO or DENIED on every review. There is a point that you reach while incarcerated when there is nothing left to do but sit idle while life passes you by… you have completed everything available to you and mandated to you by the state, and then reached beyond that on your own to do more for yourself and your family, but then you sit and lose it all because you still have another 20 or 30 years before your release date. Second look legislation can fix that issue and much more.

Let’s be honest for a minute though: if 60% of Virginia’s prison population were white, WE WOULDN’T BE HAVING THIS CONVERSATION, nor would we still begging to fix what any person with a conscious has agreed are bad laws.

Lastly, I keep hearing people falsely claim that change is a process and then use that as an excuse not to do anything to help the so called “process” … Change is NOT a process, its a RESULT! With regards to people… CHANGE is what happens when an individual or a group of individuals are 100% dissatisfied with their current circumstances or conditions.

I could go through and give historical precedence b.u.t. I don’t see the need because if you’re still reading this, you already know I’m right.

Peace!

– Sincere Born Allah, #1131459, Nottoway Correctional Center

Antoinne Pitt’s Thoughts on Second Look

My name is Antoinne Pitt and I’m 39 years of age, and from Portsmouth, Virginia. The problem that I could foresee with the second look legislation would be for those who have been discriminated against in regards to completing programs and trades. In the state of Virginia, the Department Of Corrections only allows offenders to complete a trade every 5 years. This is already an obstacle, and given the fact that offenders with lengthy sentences are placed on the back of the waiting list and those with shorter sentences are placed at the top, makes it nearly impossible to complete such trades and programs. So, in order for everyone to meet the criteria and the standard of Second Look legislation, every offender must be given equal opportunity if rehabilitation is judged on the merit of being infraction-free and completing the available trades and programs that are being offered.

Counselors and Unit managers are professionals who were hired by D.O.C and placed in these designated positions because they were deemed fit for the job. As an offender, these authoritative figures are people that we encounter nearly everyday. Professionals who can attest to our character and our behavior and should have the opinion on whether or not we are deemed fit for society. Counselors and Unit Managers that have exemplified professionalism in these positions should be able to give input on the court’s decision and make recommendations. Also if offenders can produce documentation showing that they signed up for available trades and programs then it should not be held against them for not completing such programs.

If this Second Look legislation became law, it would benefit me tremendously because not only am I innocent of a crime that I was convicted of, I did not use that as an excuse to self destruct. Instead, I utilized my time to be productive. Within a 20 year span, I have completed 2 trades and just about every program that D.O.C has to offer. I also created to curriculums of my own entitled Thinking With A Purpose and C.O.A.T (Countering Overdoses and Addiction Treatment). My beliefs are that violence and infraction stem from offenders having nothing to do or look forward to. In order to combat this, there needs to be more programs and incentives for offenders to work towards in order to have a second chance at freedom. Then, you will see a shift in behavior, and as a result, there will be less infractions.

The pros and cons of Second Look versus parole is the fact I feel the views and decision of a judge would be unbiased. Judges in my opinion are fair and impartial. The nature of the crime of which individuals were convicted of will not change, and the parole board has more often than not used this year after year as an excuse to deny offenders parole.

My name is Antoinne Pitt and I’m from Portsmouth, VA. I am a rapper, singer, songwriter and the author of Thinking With A Purpose and C.O.A.T (Countering Overdoses and Addiction Treatment). You can log on to www.infinitypublicationsllc.net and click on ‘author’ to see my bio. You can also sign my change.org petition as well check out my interview on Real Prison Talk Facebook live page and ‘From Prison To Promise’ podcast. Super School Heroes children’s book trilogy will be out in the near future. In closing, true freedom is reached only when the mind is freed of all mental restraints.

Prompt: Introducing Second Look

Thousands of us in the prison system are serving lengthy sentences, some even without any hope of making it out of prison alive. Since 1995, several states, including Virginia, removed parole from their legal system, deepening the prison as a pit of despair. For the last 25 years, people (largely black and brown) have been unfairly profiled and incarcerated for sentences often doubling (or even tripling) the age when they received that sentence. Currently, there are over 53,000 people in America who are serving life without parole, and every 1 out of 4 are serving sentences of 15 years or more.

More locally, there is not much incentive to encourage a large portion of the population in here to seek better. Seriously, what is a 20-year old young man to think when he receives a 30 year sentence? Even with the updated good time bill, sentences of 30 years are more than likely not eligible for 65% (15 days of good time off your sentence for every 30 days time served).

So – what is a better motivating force for a young man who is now getting a good look down the dark tunnel he faces, if he continues with the pattern of choice he made to get locked up? I can tell you this, it’s NOT getting out when he’s 45 after serving a 25 and a half year bid (and that’s with no disciplinary infractions), a GED, and a trade certificate to go along with the permanent scar of ex-felony attached to his record!

The answer to many questions concerning rehabilitation, relief, and incentives thereof, is prospective legislation called Second Look.

‘Second Look’ is an additional route to a second chance, differentiating from parole, as it involves petitioning the court for a sentence modification. It proposes that after a defined period of time (like 10 years or so) served on an extensive sentence (I.e. 20 years or more), people behind bars can petition the court of the district they were sentenced in. There is even a chance that your sentence can be reduced down to time served. Now, this isn’t automatic. The draft propose that a board of more than the judge who sentenced you has a say in it. The prosecutor and prison staff might even be able to chime in on your potential time reduction. Ideally, you would be able to show rehabilitation, such as education, infraction-free, programs completed and trades obtained.

Second Look is already federal and versions of this legislation have been written, reviewed, and even passed in several states, most recently Texas. Now, in 2021, advocate groups are pushing to make it a reality in Virginia. It goes without saying, that such a law isn’t going to pass without a fight.

Prompt: After reading the topic above, write an essay (at least two paragraphs in length, if you can, please). answering some, one, or all of the questions below.

Are there any problems you can foresee with legislation like Second Look?

Do you have any ideas to improve this proposal? if so, what are they?

If this became law, how would this effect you? How would it affect the system?

What are some of the pros and cons you see with Second Look versus parole?

-Q. Patterson