In 2022, Virginia Governor Glenn Youngkin issued executive order number three. Cloaked as a means of “restoring integrity and confidence” in the Virginia Parole Board and the Commonwealth’s system of criminal justice, the report prepared by the chairman of the Virginia Parole Board, Judge (ret.) Chadwick S. Dotson, (the Dotson Report) reveals the truth to put a stop to recent advances in Virginia’s consistently horrible system of courts and prisons.
Virginia has a long history of profiteering on human captivity, and its current Department of Corrections (DOC) is only the most “recent” iteration of that economy. Recent changes in 2020 and 2021 that opened the door for only a few hundred more possible paroles each year, and the fact that the parole board at the time was willing to make those decisions to grant or not grant parole based on the exhibited behavioral records of inmates serving their time ruffled feathers. It didn’t much matter that parole was still, for intent and purpose, abolished. It didn’t matter that those few hundred now eligible were mostly due to corrections of gross injustice. “The Old Dominion” caste, Virginia’s “good old boy” network, those lingering old guard supporters of a slave economy were furious and determined to put a halt to truth and justice. The Dotson Report, not so cleverly, explains how.
“Come on vacation, leave on probation, return on violation.” – Virginia maxim
Virginia abolished parole in 1995 as part of the Clinton crime wave. It brought with it “Truth in Sentencing” (TIS) laws, which allowed states to justify sentences that have previously been unheard of and, to date, would not be seen in most civilized countries. Virginia, always thrilled to set standards in autocracy and anti-freedom laws, went a step further by ensuring changes to good behavior credits. Prisoners would be guaranteed to serve 85% of their sentences; regardless of how well they were reformed, rehabilitated, etc. The Virginia DOC has at no time in history been “pro-corrections”, and has always been among the most positive in the country. It has also maintained one of the most bloated budgets for its DOC: currently 1.1 billion dollars in Fiscal Year 2022, about 26% of the entire State budget.
So, with no parole, aside from an occasional parole for geriatric reasons, which were (are) rarely granted and often boiled down to medical care costs of the infirmed, the Virginia Parole Board was nothing more than a placeholder. The Dotson Report would have its readers believe otherwise, with clouded and rogue language, but when it points out that parole dropped from 46% in 1991 to a mere 5% in 1998, and openly declares this to be some sort of success “Thanks to the visionary leadership of Governor George Allen…” The TIS laws embraced are attributed to this clearly backwards thinking and the Dotson Report finds some way to praise measures that serve no public good and no public safety. The Dotson Report, from this point forward (p.4), goes far and beyond in putting forward the idea of total regression, back to proven failed policies as a means of “reform”.
One of the first red flags is the count for eligible geriatric paroles, listed as 902 prisoners in 2021. The prison population was approximately 31,000 people in 41 state prisons, which does not take into account those held in Virginia’s private jails. It also makes no mention of Virginia’s 20% rate of innocent/wrongful convictions (Pew Charitable Trust Survey, 7 – 13% respectively), which at the time would amount to approximately, 6,000 prisoners. 902 people amounts to about 3% of the state’s prison population, and those are people over 60 years of age. When the US Supreme Court ruled on the “Fishback” case, about 300 more prisoners were added to the eligible list, bringing the approximate total to about 4% of the total prison population – and of those 300, all had been convicted under bad jury instructions, and most had served decades already. Mr. Dotson quickly expounds upon the woes of a parole board that had to handle about 10 cases per week.
Currently, Dotson lists the following people who are eligible for parole, who committed their crime prior to January 1, 1995: geriatric offenders who are terminally ill; offenders who were convicted as a juvenile, given a life sentence and have served more than 20 years; and, Fishback eligible offenders. For each one of these cases, the board investigates such things as the prisoner’s history, physical and mental condition, character and conduct, education/programming, employment, and home plan. This amounts to approximately 2,000+/- prisoners, and the records kept on them for decades: a minimal amount of work for less than 10% of the prisoners.
One of the key and often reported complaints in the Dotson Report is that the growing number of prisoners eligible for geriatric parole is a burden. This is at best disingenuous, given the open praise for excessive prison sentences and Virginia’s ongoing unwillingness to meet and adhere to Federal standards, such as 65% of a sentence served for good behavior, and incentives beyond for the completion of programs and educational requirements. This problem, complained about, is the state’s own creation, and meets resistance with every attempt to correct it. As Dotson lays out his recommendations for how to halt all paroles while looking good doing so, he ironically whines about the workload created. Anyone who studies the Virginia system of courts and prisons will see the absurd and silly theme play out at every step of the way.
The Dotson Report talks about “Increasing the Transparency” of the board and its decisions, but the same report is filled with obvious and implicit biases. Statements such as “nothing in this… should be read as an endorsement of expansion of parole” or “But we cannot pretend that parole has been completely abolished…” seem to speak plainly as to the disposition of Mr. Dotson and his report. Transparent indeed as he goes onto lambast the previous board who, operating under the structure as it existed, released a small fraction of those whose eligibility was clear and obvious under changes of the law. The implicit bias of this blame is shown when Mr. Dotson lays specific language such as “veil of secrecy” at the feet of the previous board, but then later in the report exposes many of the policies that were created when there was, in fact, no parole – or earlier. Mr. Dotson has several times made it clear that he is opposed to parole, as illustrated above. His plan for transparency then is actually a bit of cover for his opinions.
Among the new “transparencies” are the publishing of individual number votes, regular board meetings, and requesting input from Commonwealth’s Attorneys. The first two make sense, and the public viewing of the board member votes has actually shown positive results. Two of the current board members have been relieved of their duties for basically not performing their duty. One of them turned down 1,491 parolees, approving only nine. Transparency works, though likely not as Dotson had hoped. It’s worth noting that as of this writing (March 30, 2023) there are three board members… I know of several prisoners who go up for parole very shortly… they require 4 of 5 votes to be granted parole… somehow that seems terribly askew.
I take issue with the plan to request input from Commonwealth’s Attorneys. First, haven’t they already had their say? They did prosecute the prisoners. In a state with a 20% rate of wrongful convictions – the highest in the US – I am of the opinion that these prosecutors have said more than enough. More than that, what could a prosecutor actually have to say without a full review of a prisoner’s prison record? It is the prison record that should be the guiding factor in a parole decision, though in Virginia’s DOC, which uses the CORIS system – an antiquated and very outdated system – there is much to be desired. (As of this writing, the Virginia DOC has cut the education budget for prisoners, and more harmful acts are anticipated.)
The implicit bias becomes more evident when the Dotson Report discusses “Outreach to Stakeholders.” Three of the four named “stakeholders” are: the Victim-Witness Coalition, which is basically a lobbying group more than any sort of victims’ support group; Commonwealth’s Attorneys (again); and, parole officers. On its face, this is problematic given the nature of these “stakeholders” who very much are interested in keeping people in prison, not in letting them out. Even though this is obvious, Mr. Dotson still seems able to pretend, with a straight face, that the report’s recommendations are somehow fair and just. The fourth “stakeholder” is the parole eligible captives themselves, yet there is no mention of the prisoners’ family advocates, supporters, and community. Again, a bias seems clear, and there seems to be a sense of that which is not said, being paramount.
Interestingly enough, Mr. Dotson briefly discusses “drastic changes” needed for the Virginia Parole Board to become “Best in Class”. This is ironic given how far behind Virginia is in just about every class you might name. It’s justice, courts, and prison systems are so archaic that recently a Judge in Fairfax County used a 19th Century slave/chattel owner law as a basis for a decision regarding who took possession of fertilized embryos in a divorce case (AP, March 9, 2023). It was only ten days ago that seven Virginia Sheriffs murdered a bound and shackled man in a mental hospital, as three hospital staff looked on yet did nothing. Not only is this a terrible irony, but at the same time, Mr. Dotson claims to be reaching out to other parole boards in other states, even as Virginia maintains its national pariah status for refusing to follow the same standards others have adopted years ago. Ironic and, again, totally disingenuous.
Again, we find that the Dotson Report focuses on the victims and victim impact, which in certain, extreme circumstances might be a necessary step for any number of reasons; however, I cannot help but think this is nothing more than a form of psychological warfare, the purpose of which is to repeatedly traumatize victims to maintain their permanent state of fear and rendering them into “tough on crime” voters. In many of the cases presented in this report, it has been 20 years, and while a one-time update can be justified to victims, does it actually serve the public good? The idea that the victim being told every year until a prisoner is released or dead seems mostly just cruel. Furthermore, given that violent crimes represent only a small percentage of overall crime – approximately 6%+/- – and only 4% of that number ever recommit (violent crimes are the lowest recidivism, by default and before programs and such), is there any real justification for repeatedly traumatizing victims? No, there is not.
This is one of those consistent and ever ready epic failures of the entire system, which people like Mr. Dotson take, the absolute smallest statistic, and use it to terrify citizens. How shameful, but more than that, it is downright filthy and should be openly admonished and abhorred. These sorts of scare tactics, dastardly targeting people who have already been traumatized, only serve to erode the public trust further – and can it get much lower before truly open revolt? More than that, it actually lowers public safety by misleading and misinforming the public – including victims – who then make irrational decisions and take rash actions for a lack of rational thought.
Page after page of the Dotson Report negotiates words like “impartiality”, “fairness”, and “injustice”, while creating those very things as a matter of policy and at the expense of everyone involved. This guy, Mr. Dotson, actually wants a BROCHURE for victims. I am of the opinion that such an idea is a sign of psychological instability, and that Mr. Dotson himself might very well be a public nuisance.
Finally, Mr. Dotson repeatedly offers praise to those retired law enforcement officers who are employed by the Virginia Parole Board. In doing so, he is openly exhibiting a certain classism, and this has become a major issue nationally, as police, judges, and prosecutors everywhere have somehow become their very own, quite elitist, caste. Even as police are routinely in the news as the dangerous villains who threaten citizens everywhere, those involved in the industry – if it is an industry – have managed to place themselves on a pedestal, while also claiming to be victims simultaneously. It is an act of illusion worthy of David Copperfield in Vegas, and Mr. Dotson has sipped the Kool-Aid and tows the line, even as the citizens of this country have come to recognize that police, and the prison system, are the enemy within – the very enemy within we are always worried about.
The Dotson Report is yet another warning sign. It says “Virginia will remain a slave state; our DOC will operate via the forced labor.” It tells the rest of the nation, and the world, that it is not a willing participant in the USA, but is in fact a usurper of all that the USA is said to stand for. The Dotson Report says, “Autocracy is alive and well here, we have occupied this territory and freedom has been destroyed”. It is very transparent about this stance and offers not a single apology for stating its position. The Dotson Report, more than anything else, is a warning: a warning to be heard and heeded.
Note from the author: Shortly after this article was written and submitted for publishing, the Virginia Parole Board was appointed two new members. While yet to be confirmed, this does bring the number of board members up to five, which, as cited, is the number of members required under Virginia law.
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