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In Local and Regional Jails, a Patchwork Response to COVID-19

Henry Clayton Wickham | November 24, 2020

Topics: A Better Day Than Yesterday, Cash Bail, Colette McEachin, coronavirus, COVID-19, General Assembly, Legal Aid Justice Center, Levar Stoney, Nolef Turns, Ralph Northam, Richmond City Justice Center, Richmond Community Bail Fund, Riverside Regional Jail, Virginia Department of Corrections

State and local efforts to keep COVID out of jails have been hobbled by poor oversight and unambitious policy, advocates say.

At the time the Governor announced his early release plan, Letiesha Gordon’s son, Dayon Jones, was serving the final months of a non-violent felony sentence in Riverside Regional Jail, near Petersburg. As soon as the plan took effect, Gordon began a crusade to secure her son’s release. But when she requested an “Offender Appeal for COVID-19 Early Release” form for her son, she says the counselor she spoke with at Riverside did not even know such a form existed. 

In the months that followed, Gordon called the jail repeatedly; she emailed Mayor Levar Stoney, Governor Ralph Northam, and a senator; she sent several letters. “I know that they thought I was crazy but I was just a mother,” said Gordon, who is the founder of the non-profit A Better Day Than Yesterday, which works with incarcerated people after their release. “I didn’t even contact them on behalf of my organization because it was not about business at that point. It was about my son’s safety.”

After Initial Drop, Decarceration Stalls

This past spring the populations of local and regional jails decreased significantly. From March to April, the total population of Virginia’s jails decreased by 17 percent, and the number of people committed for misdemeanors dropped by 67 percent. However this decline was not enough to keep incarcerated people safe from COVID-19, advocates say, and in recent months the rate of releases has stalled. In October, RCJC’s incarcerated population exceeded 700 for the first time since March, rising from a low of 633 in July. Over half of those incarcerated in RCJC are pre-trial detainees, as of October, meaning they are being held prior to conviction.

“It is irresponsible to say that we’re trying to do the best for the people, but we’re placing them in positions where they could potentially die versus getting their day in court,” said Sheba Williams, who directs the non-profit Nolef Turns and serves on Mayor Stoney’s Task Force on Reimagining Public Safety.

On March 19th, as COVID spread through Virginia communities, Governor Northam declined to use his pardon power to release prisoners. Instead, his office issued guidance to local criminal justice officials suggesting they use sentence modifications, issue summonses when possible, and consider incarceration alternatives. Then a month later, in an April special session, the Virginia legislature gave the Department of Corrections (DOC) the power to release inmates with a record of good behavior and less than a year on their sentence: a category that included around 2,000 of the state’s roughly 30,000 prisoners. These statewide release policies impact local and regional jails because people with felony sentences of under three years, including Leteisha Gordon’s son, are usually held under contract in jails. 

Roughly half of those deemed eligible for release by DOC have been released to date.

Lack of Oversight 

Part of the problem, political consultant Jessica Pishko says, is that state and local officials have very little authority over sheriffs, who run local jails and serve on regional jail boards. Beyond the 8th Amendment’s prohibition against “cruel and unusual punishment” and an antiquated state law designed to prevent extra-judicial hangings, Sheriffs have almost full discretion over how, or if, they address the risk of COVID in their jails, according to Pishko. (Danville’s sheriff, for example, only made masks mandatory for jail employees after reports of a 72-person outbreak at his jail last month.)

Sheriffs also appear to have the final say on what COVID-related information is revealed to the public. According to Dr. Danny Avula, Director of the Richmond City Health District (RCHD), RCHD is not allowed to release information about COVID rates in Henrico jails or RCJC without permission from those jails’ sheriffs. This has concerning implications. If the Department of Health must have a sheriffs’ goodwill to understand and address health risks inside of local jails, health officials can hardly serve as effective watchdogs in cases of disease outbreak. “There’s little accountability, little oversight, there is zero transparency when we’re talking about the public,” said Sheba Williams, describing the COVID situation in Virginia prisons and jails.

According to Yohance Whitaker of Legal Aid Justice Center, even with significantly reduced jail populations, it is difficult to maintain social distancing in facilities like RCJC. Many local and regional jails have enforced weeks-long periods of isolation as a result. “Prisons and jails and detention facilities are known amplifiers of infectious disease,” Whitaker said. “Measures to keep the illness from spreading like social distancing [and] washing your hands on a regular basis are nearly impossible in such confining spaces.”

A number of inmates interviewed by RVA Mag also questioned the efficacy of RCJC’s lockdown measuring, claiming poor sanitation in common spaces allowed for transmission of the virus even without extended person-to-person contact. According to RCJC inmate Emanuel Crawford, his pod is cleaned once a day by incarcerated people who are not given COVID-informed sanitation guidelines. 

“You might have a lazy inmate who just say look, I’m’a clean this and it’ll be alright – and then you just jeopardized everybody,” said Crawford. “In a situation like this, you should be making it mandatory that certain things be sanitized properly. Not only at night, but in the afternoon. Give us the equipment to do this two or three times a day.”

Jail deputies frequently interact with people experiencing medical or mental health crises but, beyond a high-school education, there are no training requirements for Sheriff’s deputies in the State of Virginia. How, or whether, employees are trained is left up to each sheriff’s discretion. This leads to a dynamic, Pishko says, where deputies with minimal training and no social-work experience are given power over vulnerable, often mentally unwell individuals. “I sometimes compare jails to a hospital,” said Pishko. “Picture a hospital where none of the staff want to be there. You have a bunch of sick people, but you have nurses who are like, ‘Whatever.’ ‘I don’t feel good.’ ‘Whatever.’ It gets scary, people die.”

Riverside Regional Jail. Photo via Facebook.

Administrative Harm 

Our legal system has long been stacked against the accused, especially Black and brown people and poor people. But, along with new dangers, the pandemic has also brought new legal and administrative barriers in Richmond-area jails and courts, limiting individuals’ access to counsel and gumming up an already slow legal process, according to Richmond’s head public defender, Tracy Paner. 

In response to the pandemic, the State Supreme Court has suspended defendant’s statutory right to a “speedy trial,” eliminating the five-month maximum waiting period between trials for people facing state charges. (“Everybody awaiting trial is in a holding pattern,” Paner said in October. “There’s no way for the defense to require it to go forward.”) Meanwhile, federal jury trials were suspended back in April. In Richmond they resumed, at a much-reduced rate, in October and November. This means that, if you were incarcerated in RCJC and received a federal charge in April, you could still be behind bars awaiting your day in court. 

During this period, your access to confidential legal counsel might also have been significantly limited. Since “contact visiting” ended in March, Paner says, lawyers generally have two options for speaking with their clients: through a glass wall or by video. But if a client is in two-week quarantine, either because they are COVID-positive or have recently arrived, the jail requires lawyers to use confidential video-conferencing. This presents two problems, according to Paner. First, the video is often poor quality, and sometimes the tablets inmates use do not work at all. Second, the confidential video-conferencing may not actually be confidential.

“I have seen it, other attorneys have seen it,” said Paner. “We are exiting from the visiting area and we can hear the speaker on the deputy’s computer. We can hear another attorney’s conversation with the client. We have had deputies who think they are helping us listening because there’s a time limit on the video meetings.”

Paner said that, though the public defender’s office has been “very proactive” in seeing bond motions for people with pre-existing conditions, it has not had much success. “The judges are saying things like, well, I know somebody who had it and it wasn’t that bad,” she said, referring to COVID. Richmond Circuit Court Judge Bradley B. Cavedo, who blocked the removal of Confederate statues, has referred to the coronavirus in court as “the wuhan flu.”

Cash Bail Is Alive and Well

In 2018, former Commonwealth’s Attorney (CA) Michael Herring announced that prosecutors in Richmond would no longer seek cash bail for defendants awaiting trial. Though the CA’s office also adheres to this policy under Colette McEachin’s leadership, Paner says prosecutors’ actions still perpetuate the cash bail system.

“The attorneys from the commonwealth do not say the word ‘I object’ to releasing someone in the courtroom for low-level felonies,” Paner said. “But what they do is stand there with records and say, ‘In 1992, he was charged with robbery but it was dismissed.’ That means — wasn’t him, didn’t happen, couldn’t prove it. So they would stand there and bring up things, from 20 years ago or more, that weren’t convictions, in an attempt to sway the judges. The letter of the policy might be followed, but certainly not the spirit.”

“Our policy hasn’t changed,” said Commonwealth’s Attorney Colette McEachin when asked about cash bail. “We still don’t seek cash bail in most situations. Generally, the only time we do is if the defendant is a threat to himself or others, or is a flight risk, which are the two bond determinations that are supposed to be made by statute. Ultimately, anything we recommend is up to the judge, and sometimes the judge agrees with us, and sometimes he doesn’t.”

Whether the fault lies with judges and magistrates, prosecutors, or some combination of both, Richmond’s cash bail continues apace. In early September, The Richmond Community Bail Fund identified 98 people in four local facilities incarcerated because they could not afford bail. (These numbers, acquired by raking through inmate databases and entering Freedom of Information Act Requests, are not comprehensive.) The combined cost of the bonds for these individuals was about $450,000, according to Luca Suede, co-director of the Richmond Community Bail Fund. 

“That’s about a hundred people that judges across different counties have already determined could be released,” Suede said. “Now, obviously everybody should be released. I don’t give a fuck how a judge feels. But in the State’s rhetoric — who has the kind of power to do these releases — there is already criteria that’s being deployed.”

Northam’s guidance to Virginia jails stops short of recommending bail be waived or discontinued, however. Instead, it asks jails to “consider ways to decrease the number of low-risk offenders being held without bail.” 

Protesters at Richmond City Justice Center, June 2020. Photo by Kegham Hovsepian, via Facebook.

“They can get over it together”

In May, Leteisha Gordon’s fears for her son’s safety were confirmed when Riverside Regional experienced COVID outbreak: 36 people at Riverside tested positive, including Gordon’s son. (Fortunately, Dayon Jones did not end up experiencing any serious symptoms of COVID-19.) When Gordon learned her son had tested positive and was on lockdown with another COVID-positive inmate, she called the jail to express her concerns. A sergeant, she says, told her: “They can get over it together.”

“This is somebody that’s helpless,” said Gordon. “He’s in jail. He can’t get to any kind of emergency assistance to help himself. And you don’t have his mother there, so for them to tell me that it was really heartbreaking. You have no idea.”

Finally in June, weeks after her son had tested positive for COVID-19, his counselor called him into his office with Gordon on the phone. He gave her son the form to sign and said it would take three weeks to be processed. After weeks emailing, phone calling and letter writing, Gordon had finally succeeded. A form her son should have had access to months ago — a form that, she insists, would have secured his release as a non-violent offender with asthma — had finally materialized. By that time though, it hardly mattered: Gordon’s son was scheduled to be released on July 13, three days later. 

All her effort didn’t save her son a single day in jail.

Top Photo via Riverside Regional Jail

The Million Dollar Question: An Exclusive Q&A With Jennifer Carroll Foy

David Dominique | October 8, 2020

Topics: Cash Bail, General Assembly, Jennifer Carroll Foy, Jennifer McClellan, Marcus-David Peters, Marijuana laws in Virginia, Mountain Valley Pipeline, Terry McAuliffe, Union Hill, Virginia Governor, Virginia governor's race, Virginia Military Institute

RVA Magazine spoke to state Senator and candidate for governor Jennifer Carroll Foy about career politicians, the relationship between police and the military, and making real progress in Virginia.

Last month, as the Virginia General Assembly debated a variety of police reform bills, RVA Magazine sat down with Jennifer Carroll Foy, a member of the House of Delegates, representing Virginia’s 2nd House of Delegates district in NoVA. A public defender and former magistrate, Carroll Foy was also one of the first women to graduate from Virginia Military Institute (VMI). Carroll Foy is a 2021 candidate for Governor of Virginia, and hopes to be the first Black woman elected governor in the United States. 

DD: Good afternoon, Delegate Carroll Foy, and thank you for sitting with us. You’ve been quoted saying, “The politics of the past are not the change we need, and the politicians of the past won’t save us.” Were you referring to your opponents in the 2021 gubernatorial race?

JCF: If we want real change, we need a new leader with a clear vision on how to move us forward. There are career politicians running in this gubernatorial race, and with this movement, people want change. [2021] will be a consequential election: trying to keep the majority, defeat this invisible enemy called COVID-19, and jump start our economy here in Virginia. It takes creative solutions, and the status quo isn’t working any longer.

DD: To voters who look at Terry McAuliffe and might imagine a potentially stabilizing force with the experience to help Virginia through a challenging time, what would you say?

JCF: Now’s the time for new leadership, because we’ve never had a governor who has governed during a racial reckoning such as the one we have now. No one has ever governed during a recession more akin to the Great Depression. No one has ever governed in addressing the global pandemic that we have currently. So experience matters — and you have to have the right type of experience. As a former foster mom, public defender, magistrate judge, community organizer, I am here for the people, and I’ve always been on the side of fighting for the people. Do you want someone who has real world experience and who’s in this for them, or someone who may be in this for themselves?

DD: Could you point to anything during McAuliffe’s governorship where you felt he was not on the right side of people’s interests?

JCF: The Mountain Valley Pipeline is something that should’ve never happened when we’re addressing climate change here in the Commonwealth. We’re talking about racial equity here in the Commonwealth, knowing that it was going to go through a historically Black community in Union Hill. There’s a number of things I can point to say, hey we can do better, right? 

Photo via Jennifer Carroll Foy/Facebook

DD: You mentioned “career politicians” earlier. Would you consider Senator [Jennifer] McClellan a career politician?

JCF: Yeah, she’s been in the General Assembly for almost two decades. [When I] say career politician, I mean people who are entrenched in politics. People are looking for a woman of the people, someone who understands a Virginian’s everyday struggle.

DD: Senator McClellan has supported progressive police reform bills during special session. For those on the left looking for legislative and policy contrasts between two gubernatorial candidates, how would you differentiate your record and platforms from McClellan’s?

JCF: While I’ve been in the General Assembly, I have been one of the most impactful and accomplished legislators, fighting for workers and women and families since day one. I’ve never taken a dime from Dominion, knowing they are a regulative monopoly here in Virginia. I’m for robust transformational policy, such as legalizing marijuana, reforming our criminal justice system. As the first public defender ever elected to the General Assembly, I have been championing cash bail reform and other policies to make our criminal justice system more fair and more equitable. Not because these are sexy, trending topics, but because I’ve always been in this fight, and I’ve kept all my promises made since I ran in 2017, whether it is cleaning up coal ash throughout Virginia [or] helping to expand Medicaid and give teacher salary increases.

DD: Increasingly, progressives are showing skepticism about the Virginia Democratic Party. Are you confident you can build a coalition to push through progressive policy?

JCF: Absolutely. I take it back to my training at Virginia Military Institute. Being one of the first women to ever graduate from one of the top military colleges in this country taught me how to work alongside any and everyone, because I am focused on the mission. 

If you are throwing around divisive rhetoric and are known for partisan politics, you won’t get anything done. How I’ve been able to be effective is leaning on that military training I’ve had and continuing, even in the majority, to reach across the aisle and pass a lot of my bills in a bipartisan fashion.

DD: Let’s talk a little bit about the military. 43 percent of the American military is made up of people of color. Many families of color see the military as their best hope for socioeconomic advancement. What are your thoughts on our American model, which leverages the promise of economic advancement to entice communities with fewer resources into the military and potentially into combat?

JCF: Going into the Armed Forces is an honorable task. Many people do it for many different reasons, whether it’s financial stability and security for themselves and their family. You go through a maturation process which I think is equivalent to nothing else, and it teaches life skills and politics. I think it teaches honor and integrity and public service in way that I don’t think you can get really anywhere else. I think it’s great and I would like to see more people, especially in this current climate, understand and acknowledge and respect the sacrifices that these individuals who enter the military are facing, especially with the recent attacks from Trump and some other cohorts, of questioning military leaders’ motives and calling people who are prisoners of war and died on the battlefield “losers” and things of that nature. This is a toxic climate right now, and I think we have to work vigorously to counter that with the truth. And the truth is the men and women in uniform are to be respected and honored above all else.

Carroll Foy during her time at VMI. Photo via Jennifer Carroll Foy/Facebook

DD: In my view, we have to differentiate between institutions and individuals. Observers have drawn direct links between US domestic policing and US international military actions, explicitly connecting regimes like Israel to US police training. Our government, via the CIA, also fought to uphold South African apartheid, by helping to criminalize and locate Nelson Mandela before his imprisonment. Given that you’ve participated in the US military establishment, do you have a critique of the US military’s connection to structures of inequality worldwide, and how it may also connect to our domestic policing issues?

JCF: I think that’s a really good question, and so to answer your question: have I really sat and thought about those connections? I haven’t. What I can say is that when you think of the military, you have to think of individuals who are taking orders. Right? We have a Commander-in-Chief you have to listen to, and so if a soldier is thinking about questioning or debating orders, you’re talking about people’s lives at risk. You’re talking about missions being compromised, and so the problem is when people who are nefarious use the military as an extension or arm or tool or weapon to strike against their enemies or people they don’t deem desirable.

DD: What about the mode of intervention of the US Military, where we essentially occupy sovereign countries and install governments via various modes of persuasion, violence, and politics — are you critical of that mode of operation?

JCF: Yes, so it’s a hard question to answer, and here’s why: when we insert ourselves into foreign countries’ policies and we bomb these countries or we do things that is to their detriment, then do I think we oftentimes have an obligation to assist and help in their recovery and to build them back up? Yes I do. 

I am not critical of the US military for taking orders, and doing something they’re required to do. I would be more critical of the legislators and the Commander-in-Chief who have ordered them to do so, and so it’s about questioning their motives and their logic for jeopardizing the lives of Americans, of citizens, of soldiers. So it depends on what country you’re talking about. It depends on why we’re there, how long we’re going to be there, why we’re occupying. That’s why it’s hard for me to give a specific answer because it’s just different, country by country, situation by situation. 

But for the most part, I understand what it means to be ordered to do something, and you have to obey that order. If we have an issue with it, then we need to take it up with the people who are making decisions and not the people who are executing and doing what they’ve been charged and sworn to do.

DD: Are you critical of our relationship with Israel?

JCF: So that is something that I have to say that I’ve been thinking about. I can follow up with you on that.

Carroll Foy and her son Alex at the General Assembly on the day Virginia ratified the Equal Rights Amendment. Photo via Jennifer Carroll Foy/Facebook

DD: Would you commit to completely ridding the Virginia State Police of its inventory of military equipment that was provided by the United States military?

JCF: There’s nothing that I can think of right now that I would have exception to, so I’m going to say yes.

DD: Do you support a complete banning of no-knock warrants in Virginia? 

JCF: Yes, I do support banning no-knock warrants here in Virginia.

DD: There’s a split among some of the leading activists: some believe that civilian review boards should be mandatory and legislated down in detail in the bill, and others believe they should be optional and that municipalities should each decide the way these boards look. Where do you stand? 

JCF: Yes, I initially favored mandating because I felt like that is the direction we need to go, and some communities or localities may be reluctant because this is change and change can be scary. 

However, I’ve been hearing from a lot of the same activists that you are referring to, and they’re talking to me about why they don’t want it mandatory and that they don’t want these localities feeling it’s being pushed upon them then it’s going to be a lot of hostility. I’m still debating how I’m gonna fall on that, but I can tell you initially I was definitely for mandating civilian review boards because I think that’s one of the only ways you’re definitely going to get it in the localities who, let’s be honest, need it the most.

DD: At the moment, we have a conservative Democratic establishment standing in the way of the most aggressive police reforms in Virginia. If you agree we need to move the needle as far as the priorities and agenda of the establishment, how would you do so?

JCF:  That has been the million-dollar question. Democrats aren’t monolithic; you have people who represent different areas. Sometimes we’re not able to be as bold and transformational as we want because we may be outnumbered by centrists or moderates, people who don’t believe in complete bold change. 

The way that you alter that is to continue to elect leaders who will be bold and transformational until they are the majority. Then you can push this type of legislation through. Until that happens, there will always be a wall there, or a siphoning off of bills or parts of a bill that we really need in order to make change. That’s what at the end of the day has to happen. 

DD: Do you have a message that you want to send to Ralph Northam, Terry McAuliffe, Dick Saslaw, Creigh Deeds, Scott Surovell — Democrats who have been active in diluting and stifling the more progressive versions of the bills?

JCF: I work with many of these people, and I’ve gone toe to toe with a lot of them on a lot of good bills. I just have to continue to advocate and lobby and hope they see the light. But I’m confident because I know Virginia is trending to be bluer, and there won’t be a place for people who want incremental change, or who want to teeter on the fence. I think the change we need is going to happen on its own, and I’m excited to be in the Governor’s seat to help lead that change.

Photo via Jennifer Carroll Foy/Facebook

DD:  The previous Commonwealth’s Attorney declined to bring charges in Marcus-David Peters’ case. Colette McEachin, the current Commonwealth’s Attorney, has said repeatedly that she’s looking at it. Richmond City Councilman Mike Jones has openly advocated for reopening that case. Do you have a position as to whether CA McEachin should reopen that case?

JCF: I do believe that the Commonwealth’s Attorney Office should reopen the case. It should be thoroughly investigated. He was having a mental health emergency, he was nude, there was no threat of harm or danger at that time — you can clearly see he didn’t have a weapon, given the fact that he had no clothes on.

Again, it goes to the lack of experience, the lack of training I believe these officers have, [the] crisis intervention training and de-escalation skills that they needed. They could have readily identified that this man is having a mental health emergency and called community services board and dispatched them out — come calm him down, and hopefully get him emergency custody orders so he can be treated. Oftentimes people are going undiagnosed, or they’re off their medications for whatever reason, and this is what happens. I have many clients like this, and I greatly empathize. I think the case should have another look at and should be thoroughly and independently investigated.

DD: What’s your position on marijuana legalization?

JCF: I support it so much that I am carrying the legalization of marijuana bill, even though some Republicans and Democrats have asked me not to. While I think that decriminalization will have a place in helping to reduce mass incarceration, it does absolutely nothing, according to a 2017 Virginia Crime Commission study, to address the racial disparities that Black and brown people suffer from our possession of marijuana laws. 

It’s time for Virginia to lead, and one of the things we can do is legalize the simple possession of marijuana for personal use. After that, we can tax and regulate it, and use that money for projects we haven’t had the revenue stream to be able to do.

I look forward to passing that bill next session. Statistics and polling show that the overwhelming majority of Virginians want the legalization of marijuana. It’s time for us to listen to the people we represent and get this done.

DD: Are you worried at all about the possibility of a third party on the left disrupting the Democratic gubernatorial race in 2021? 

JCF: It does not concern me. I’m not running against anyone else, I am running for the people of Virginia. At the end of the day, I know that I am the right leader for this moment, and that’s exactly why I’m running for Governor of Virginia.

DD: Are you confident your leadership is best positioned within the Democratic Party structure?

JCF: I’m a tried and true Democrat. People call me progressive, and that’s fine. I’m a strong Christian and I adhere to my Christian principles of housing the homeless and feeding the hungry and helping to make sure that everyone can work one job, put food on the table, have access to healthcare, and go to safe school. If that’s progressive, that’s great, but it’s just who I was raised to be.

Top Photo via Jennifer Carroll Foy/Facebook

Charlottesville Leads the Way on Reforming Cash Bail System

VCU CNS | February 28, 2019

Topics: Albemarle County, Albemarle-Charlottesville Regional Jail, Cash Bail, Charlottesville, justice system, Mark Herring, OAR-Jefferson Area Community Corrections, Vera Institute of Justice

When someone is charged with a crime, prosecutors and judges want to make sure the defendant shows up for court. So they usually require the person to put up cash bail — money the defendants forfeit if they skip town.

But now, many officials — from local prosecutors to the state attorney general — are rethinking that practice. They say that cash bail penalizes low-income defendants and that GPS monitoring and other technology are just as effective as a monetary incentive to return to court.

“Virginia’s current system of cash bail too often determines who has money, not who is dangerous, and we can’t have a justice system that determines fairness and freedom based on wealth and means,” Attorney General Mark Herring said in calling on state lawmakers to address the issue.

Legislation to reform the bail system failed in this year’s General Assembly. But commonwealth’s attorneys in a handful of localities are plowing ahead on their own, recommending that nonviolent defendants be released on an unsecured bond or personal recognizance — basically, by giving their word that they will show up for court.

Charlottesville is a textbook example of this new approach. Authorities there say it is working.

In most circumstances, Charlottesville officials haven’t used cash bonds since 2000. Prosecutors instead prefer to release defendants back into the community without having them pay money.

Charlottesville Commonwealth’s Attorney Joe Platania. Photo via CNS

Commonwealth’s Attorney Joe Platania said cash bonds don’t enhance public safety and don’t treat low-income offenders fairly.

“We haven’t seen a negative impact related to community safety by using a system where we don’t rely on cash or secure bonds,” Platania said. “If they’re not going to go out and hurt anyone or be a danger to the community, it doesn’t make sense for them to pay money to be released.”

Charlottesville officials use risk assessment tools to determine whether pretrial defendants will be a threat to the community or likely to miss their trial date. If a defendant doesn’t fall into either of those categories, prosecutors typically recommend the judge release the person on unsecured bond or personal recognizance.

Defendants released on unsecured bond have to pay the bond only if they fail to appear for trial. Personal recognizance means defendants are released on the basis of a promise that they will return to court.

In cases where defendants are accused of violent or serious crimes, prosecutors ask that they remain behind bars until they’re slated to appear in court.

“If we feel someone is a threat to themselves or the community, we ask that the person be held until their trial,” Platania said.

In most Virginia localities, judges and prosecutors routinely recommend cash bonds. Defendants who can’t pay go to jail.

According to the Vera Institute of Justice, a nonprofit advocacy groups, 47 percent of people in Virginia jails in 2015 were awaiting trial and had not been convicted of a crime. That was true of 65 percent of people held in jails nationwide in 2016, according to the U.S. Department of Justice.

Charlottesville began reforming cash bond practices under Dave Chapman, who served as commonwealth’s attorney from 1993 until 2017.

According to Chapman, Charlottesville’s criminal justice system transitioned from cash bail when the Virginia Pretrial Services Act was enacted in 1995.

“It’s just one of many things we’ve done in Charlottesville to try and eliminate the way in which poverty affects the case of a person who is indigent,” Chapman said. “If a locality has access to pretrial supervision services through a community corrections agency and doesn’t make use of it fully, they’re missing the boat.”

As of January 2018, there were 33 pretrial agencies serving 75 percent of Virginia’s localities, according to the Virginia State Crime Commission. Thirty-four localities in the state didn’t have access to a pretrial agency.

Chapman said that he supported recent efforts to reform cash bonds.

“The reality is, we’ve been doing this for years in Charlottesville,” Chapman said. “I would urge localities that are just getting into the field to come to Charlottesville and take a look at what OAR does and how they do it because it’s a model that can be replicated.”

OAR-Jefferson Area Community Corrections is a nonprofit based in Charlottesville that provides cost-effective alternatives to incarceration, including pretrial supervision and risk assessment screenings.

Executive Director Ross Carew said the organization conducts interviews, investigations and criminal background and reference checks after a defendant is arrested. The group uses a tool called the Virginia Pretrial Risk Assessment Instrument to make an initial bail release decision and to determine the supervision level for defendants placed on pretrial supervision.

“We look at all the different factors that could make somebody a risk to not show up to court, or to get in trouble during that period of pretrial,” Carew said. “All of that information is used to inform the court so they can make a risk-based release decision.”

Carew said holding a defendant in jail is more expensive than placing the person on pretrial supervision where the average length of supervision is 116 days. It costs about $94 per day to hold someone in Albemarle-Charlottesville Regional Jail and about $3 a day to keep someone on pretrial services, officials say.

The discussion around cash bond reform has gained momentum in Virginia in the past year.

Last April, Richmond Commonwealth’s Attorney Mike Herring announced that his office would no longer seek cash bonds for defendants awaiting trial.

In November, Arlington County Commonwealth’s Attorney Theo Stamos said she would no longer seek cash bail for people accused of most low-level misdemeanors. Scott Miles, who was elected commonwealth’s attorney in Chesterfield County that month, said he would not seek cash bail for pretrial defendants.

After Mark Herring, the state attorney general, called on lawmakers to reform the cash bond system, Democrats introduced two bills in the General Assembly seeking to start that process.

SB 1687, filed by Sen. Jennifer McClellan of Richmond, and HB 2121, sponsored by Del. Jennifer Carroll Foy of Prince William County, would have required Virginia’s Department of Criminal Justice Services to collect data about the use of bail in all Virginia localities. Both bills were killed in committee.

Elizabeth Murtagh, Charlottesville’s public defender, said pretrial services are a far better option for her clients than being held in jail on bond. Murtagh’s clients typically fall below the state poverty line.

“Getting locked up is one of the most disruptive things to a family that I can think of. If you’re helping to provide for your family, that’s a problem if you get locked up,” Murtagh said. “It has a huge ripple effect.”

By Daniel Berti, Capital News Service. Top Photo: Public Domain/CC 1.0

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