RD731 - Restorative Housing in the Virginia Department of Corrections FY2023 Report – October 1, 2023


Executive Summary:

Authority

This report has been prepared and submitted to fulfill the requirements of Chapter 516 of the Acts of Assembly of 2019.(*1)

This provision requires the Department of Corrections to report certain information pertaining to the agency’s Restrictive Housing and Shared Allied Management programs to the Governor, the Chairmen of the House Committee on Militia, Police and Public Safety and the Senate Committee on Rehabilitation and Social Services, and the Clerks of the House of Delegates and the Senate by October 1st of each year.(*2)

Background

Over the past 20 years, prison systems across the nation have increasingly relied on Restrictive Housing as a management status for inmates deemed as a risk to the safety of other incarcerated inmates or prison staff. Typically, inmates were assigned to “Administrative Segregation" due to assaultive and disruptive behaviors at lower security level prisons, escape histories, or extremely violent and notorious crimes. Inmates were managed constitutionally, but with high security controls limiting opportunities for socialization with other inmates. Segregation practices in other jurisdictions often lacked articulable standards allowing progression into lower security levels or general population.

Since 2011, the Virginia Department of Corrections (VADOC) has remained dedicated to reducing the use of Restrictive Housing. VADOC spearheaded an organizational shift, mitigating the risk associated with direct release of inmates in Restrictive Housing through the Step-Down program at Wallens Ridge and Red Onion State Prison. The Step-Down program focuses on risk reduction and risk control. Participants can progress to a general population setting with the use of interactive journaling, therapeutic modules, and programming that is done individually and in group settings. Inmates are evaluated on several different characteristics including behavior, personal hygiene, cell compliance, and demeanor toward staff and other inmates.

VADOC’s reform efforts have been nationally recognized. In 2013, the Southern Legislative Conference presented Virginia the State Transformation in Action Recognition (STAR) Award, for its diligent work toward reducing Restrictive Housing. In 2014, the General Assembly passed Senate Joint Resolution 184 “commending the Virginia Department of Corrections for its outstanding leadership and dedication to public safety in administering the Step-Down program.")(*3) In 2016, the U.S. Department of Justice, in its Report and Recommendations Concerning the Use of Restrictive Housing,(*4) highlighted five jurisdictions that have undertaken particularly significant reforms in recent years, featuring Red Onion State Prison. Virginia has served as a model to numerous localities and states that have toured, observed, and applied aspects of the step-down operations in their own jurisdictions.

In 2016, the Vera Institute of Justice (Vera)—in partnership with the U.S. Department of Justice Programs, Bureau of Justice Assistance (BJA)—selected Virginia as one of five new states to join the Safe Alternatives to Segregation Initiative. Vera assisted VADOC with its reform efforts, provided recommendations, and developed a partnership of learning. The Vera Institute of Justice Report highlighted “Great Successes" of Virginia’s Restrictive Housing reforms and offered support for future initiatives.

Virginia’s efforts have continued with several progressive changes. In April 2016, VADOC began a Restrictive Housing pilot program in four medium security level institutions based upon the documented success at higher security levels of the incentivized step-down process with enhanced conditions of confinement. By November 2018, the Restrictive Housing program was successfully expanded to all major facilities.

VADOC continued its efforts to divert inmates out of Restrictive Housing through the creation of programs in general population geared towards inmates with unique risks and needs:

• Steps to Achieve Reintegration (STAR) for inmates with an unspecified fear of returning to traditional general population. Participants are placed in STAR pods where they gradually reintegrate into controlled movement, programming, and recreation.

• The Secure Diversionary Treatment Program (SDTP) for inmates with a Serious Mental Illness (SMI). SDTP diverts inmates with an SMI from RHU into a graduated behavior management program. In the summer of 2021, VADOC was again acknowledged with a STAR award by the Southern Legislative Conference for SDTP.

• Shared Allied Management (SAM) program for inmates who have unique medical, mental health or other vulnerabilities making an assignment to traditional general population difficult. Further details about the SAM program can be found on page 6 of this report.

From 2019 to 2020, VADOC began to offer three and then four hours of meaningful out-of-cell time to all inmates in the Restrictive Housing program, using a combination of structured and unstructured activities. To facilitate this initiative, all security level 3 facilities and higher have added an Interactive Program Aide position to coordinate and deliver these programs. These program aides work with inmates individually and in small group settings to provide pro-social activities, including interactive journaling, cognitive simulation, art activities, reading, education, and guided group discussion.

Finally, in 2021, VADOC began a pilot program where inmates may request, or be referred to, a Cool-Down room to reflect or practice de-escalation techniques during a difficult situation or encounter. The intent is to allow for inmates to get away from their immediate surroundings and think about their behavior choices before escalation to a threatening situation. The Cool-Down room program was expanded to all major correctional facilities by June 2023. Preliminary data indicate that inmates’ mood improves after using the rooms and they appreciate the opportunity to be alone to process their thoughts and emotions.

The past decade has brought several initiatives to VADOC that are aligned with the goal of managing behavior, promoting accountability, targeted programming interventions, and creating responsible and safe pathways out of Restorative Housing. Ultimately, these programs foster long-term public safety in the Commonwealth of Virginia.
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(*1) HB1642 - https://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0453, patroned by Delegates Hope, Carroll Foy, Carter, Guzman, Keam, Kory, Krizek, Levine, Lopez, Price, Sullivan, and Thomas, and SB1777 - https://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+CHAP0516, patroned by Senators Saslaw and Ebbin, set forth the information to be contained this report
(*2) https://law.lis.virginia.gov/vacode/title53.1/chapter2/section53.1-39.1/
(*3) SJ 184 - http://lis.virginia.gov/cgi-bin/legp604.exe?141+ful+SJ184ER, patroned by Senator Ebbin and Delegate Hope
(*4) https://www.justice.gov/archives/dag/report-and-recommendations-concerning-use-restrictive-housing