OPPOSE

The ACLU of Virginia strongly supports SB1198. The bill would amend the Government Data Collection and Dissemination Practices Act (Virginia’s important privacy protection law) to clarify that your license plate number is a personal identifier, ensure that government agencies can’t avoid complying with the Act by purposely keeping data systems separate so that they can argue that they aren’t an information system covered by the law, and prohibit policing agencies that use automated license plate readers to vacuum up pictures of automobiles “just because and just in case” from keeping those pictures (which usually reveal not just your license plate number but bumper stickers and are geo tagged with time and location) for more than 30 days, unless directly related to a criminal investigation. This is a common sense personal privacy protection measure that draws the right balance between government’s need to know things about you and your right to keep your personal movements confidential from government. While ALPRs can serve a valid and useful law enforcement purpose, they can also be used to build a vast database of vehicle locations that may be queried to build profiles of where individuals go, at what times, and how often, and who else is in the vicinity. It is one of the many new technologies that allow for massive surveillance of Virginians not suspected of any criminal activity. As one legislator said, it allows the government to find “probable cause by algorithm.” To ensure that all law enforcement and regulatory agencies in the Commonwealth protect the privacy of Virginians, the General Assembly should pass SB1198 that clarifies that license plate numbers are personal information under the Data Act and that police cannot keep information collected through “passive” use of ALPRs unrelated to a criminal investigation for more than 30 days.

VDEM is highly supportive of this bill. We would like to speak in support, although we recognize our request to do so is within a short timeframe of the meeting beginning. If we are able to speak in support, we would be sincerely appreciative. My email address is Desire.Branch-Ellis@vdem.virginia.gov . Thank you!

My name is Abbie Henrickson, and I live in Sterling, Virginia. I am writing to urge you to support Senate Bill 1300 (Workgroup on Reproductive Healthcare for Pregnant Incarcerated Persons). I am deeply concerned about the treatment of pregnant incarcerated persons. As Fyodor Dostoyevsky said, “A society should be judged not by how it treats its outstanding citizens but by how it treats its criminals.” Establishing a workgroup to study and recommend best practices for the care and treatment of pregnant incarcerated persons is crucial. The commonwealth has the responsibility for the care and treatment of pregnant persons throughout their pregnancy and during the postpartum period. Although there are many reasons that demonstrate the need for this workgroup, I will highlight some of them below: *Eliminating of the use of restraints (handcuffs, waist chains, or leg irons). Pregnant incarcerated persons are unlikely to be violent offenders or flight risks. This would reduce the risk of the pregnant person falling and the risk of preventing pregnant persons failing to bond with their children, which can have long-term negative consequences. *Ensuring access to routine medical appointments. *Ensuring the fulfillment of nutritional needs. *Access to safe abortions, which is critical reproductive healthcare. I urge you to support Senate Bill 1300. Thank you for your consideration.

My name is Howard Gwynn, and I am the Commonwealth’s Attorney in Newport News. I have been a prosecutor here since May 1, 1982. I write this email to register my strong support for SB1300. This bill will go a long towards ensuring that incarcerated pregnant inmates get “… the full range of obstetric and gynecological services” necessary to make sure that the needs of mother and child are met. This bill also recognizes the fact that , in spite of the fact that they have committed a criminal offense, these women are first and foremost human beings and should be treated with dignity and respect. Thank you for being the patron of this very important legislation.

I became a grandmother to a beautiful and healthy baby boy three years ago. When Max was still in utero, he was already over eight pounds— I still remember my daughter’s fear when she thought about pushing him in a natural birth. She asked for a c-section, but the doctor advised her against it until it was absolutely necessary, recommending the best option for her health and her pregnancy. We certainly weren’t prepared for her delivery date. When her contractions started early that morning, we headed off to the hospital where she was admitted, despite her contractions not being close enough in time to typically warrant admission. While we waited, her doula provided safe, compassionate support by helping my daughter use an exercise ball and breathing techniques. By 7pm that night, my daughter was begging for an epidural and pain management from her doctors—but they refused, saying she wasn’t far enough along yet. My daughter and I both knew her body and her pain tolerance. Our doula tried her best to advocate on my daughter’s behalf, but still, nothing. It wasn’t until 11pm that night she finally got the epidural and intravenous pain management. In the hours that followed, she kept pressing the call button because she was still in pain, but received no additional care. To not be heard and respected when you try to communicate your pain, it’s devastating. And it was devastating for me too, to watch as a mother and not be able do anything to help my child. At 1am, she said she could feel the baby coming. Even when she said our little Max was coming, the doctors and nurses still didn’t believe her, so she was told not to push. It wasn’t until the nurse finally checked her dilation, nearly 45 minutes later, that she finally acquiesced my daughter was more than ready. It only took five pushes for my grandson to be born after that. Once my grandson was born, my daughter began shaking uncontrollably to the point where she couldn’t even hold him. We were shocked at how she had been treated already, and I was terrified something else was wrong. Max was having trouble breathing at first, too, because of how long he had to wait to finally arrive into the world. Those stressful minutes felt like hours. Today, Max is a bouncy, energetic three-year-old and my daughter is a healthy and wonderful mother. But that birthing experience traumatized both of us. I can’t even begin to imagine how much worse it could have been if my daughter had been incarcerated. If she had been shackled to the delivery bed, like some women still are in the Commonwealth, would she have self-inflicted harm to her body when she began shaking uncontrollably? If she didn’t have her doula by her side advocating for her, would she have had to wait even longer to begin pushing, potentially causing life-altering respiratory harm to my grandson? Every person – regardless if they’re incarcerated – deserves to have a safe and compassionate birthing experience. Even though Max’s birth was difficult, my daughter didn’t have to suffer at all the same kind of dehumanizing treatment our incarcerated women – and their pregnancies -- are forced through. That’s why I’m asking you to please support SB1300. Thank you for your time.

Solitary confinement is widely recognized as painful and difficult to endure. “It's an awful thing, solitary,” U.S. Senator John McCain wrote of his time in isolation as a prisoner of war in Vietnam. “It crushes your spirit and weakens your resistance more effectively than any other form of mistreatment.” Research over the past few decades has documented the harmful effects of solitary confinement. Most of the research has reported adverse psychological and physical consequences of solitary confinement. In addition to increased psychiatric symptoms generally, suicide rates and incidents of self-harm are much higher for prisoners in solitary confinement. A study in the American Journal of Public Health found that people who are in solitary confinement in New York City jails were nearly seven times more likely to harm themselves than those in general population, and that the effect was particularly pronounced for youth and people with severe mental illness. In California prisons in 2004, 73% of all suicides occurred in isolation units—though these units accounted for less than 10% of the state’s total prison population. In the Indiana Department of Corrections, the rate of suicides in segregation was almost three times that of other housing units. Solitary confinement is an egregious manifestation of the punishment paradigm that governs many state and national policies and practices throughout the criminal justice system. Solitary is a brutal practice that needs to be eliminated, and supporting SB301 would accomplish this goal, and Virginia would be among the first to do, blazing a path for others to follow.

I am the chair of Interfaith Action for Human Rights (IAHR). IAHR represents people of faith who educate and advocate in Maryland, DC, and Virginia for corrections systems that avoid unnecessarily punitive practices such as solitary confinement and that instead focus on rehabilitation and successful reentry. Support SB 1301, which effectively ends prolonged Isolation for both adults and juveniles in Virginia State Prisons. Please remove the bill clause and end prolonged Isolation in Virginia which is very costly. Ending prolonged Isolation will bring savings to the Department of Corrections. The Department's excessive impact statement must not be 'rubber-stamped' by this committee. I ask that you end an era of all agencies submitting exaggerated impact statements to 'stop' much-needed legislation. I also ask the committee not to reduce this effort to another study of the "pain" and inhumanity experienced by African Americans and people of color. Last week's impeachment trial, 7 Republicans reached across the aisle and broke ranks voting they're conscious. "We must use time creatively, in the knowledge that the time is ripe to do right." It is time to end torture in Virginia State Prisons. Let's lead in Prison Reform, joining DELAWARE, NORTH DAKOTA, NJ, COLORADO, AND WASHINGTON TO ELIMINATE SOLITARY CONFINEMENT ADMINISTRATIVELY.

I am the executive director of Interfaith Action for Human Rights (IAHR). IAHR represents people of faith who educate and advocate in Maryland, DC and Virginia for corrections systems that avoid unnecessarily punitive practices such as solitary confinement and that instead focus on rehabilitation and successful reentry. Please support SB 1301 that effectively ends prolonged isolation for both adults and juveniles in Virginia State Prisons. Prolonged Isolation for longer than 15 days was defined as an act of torture by the United Nations Special Rapporteur on Torture. Moreover, numerous medical and psychological studies have determined that prolonged isolation (longer than 15 days) can damage the mental and physical health of a person. Correctional authorities can manage behavior without resorting to prolonged isolation. Yet, the State of Virginia routinely places incarcerated people in restrictive housing (prolonged isolation) for months and sometimes years. Recently, the State of Virginia settled two lawsuits brought on behalf of two different incarcerated people who were prolonged isolation (solitary confinement) for months and years. Prolonged isolation (solitary confinement) in Virginia is very costly. Ending prolonged isolation will bring savings to the Department of Corrections. Yet, the Department of Corrections has stated that SB1301 will cost many millions of additional dollars. The Department asserts that SB1301 will require the Department to hire many more mental health workers and other medical and psychological personnel. But the Department refuses to acknowledge that the savings from ending prolonged isolation can then be invested in more psychological, medical, and educational services for the incarcerated. SB1301 has been amended so that the Department will not be required to hire additional staff. However, we at IAHR believe the savings gained from ending prolonged isolation will enable the Department to hire more mental health workers and medical personnel to meet the needs of those so incarcerated. Finally, The Department of Corrections has implicitly acknowledged that prolonged isolation is not a desirable way to maintain security in prisons. Over the last few years, the Department has significantly reduced the numbers of people placed in restrictive housing or prolonged isolation while still holding many in prolonged isolation cells. SB1301 then will mandate the Department to finish its work by ending prolonged isolation (longer than 15 days) all together. It also then prevents any future Director of Corrections from re-instituting prolonged isolation. It is time to end torturing incarcerated people by isolating them for months and years. Please pass SB1301!

I am providing these comments as a member of the “Scientists and Engineers Advising Legislation'' coalition (SEAL). We are a volunteer group of several hundred graduate students and early career researchers from universities across the Commonwealth, and our goal is to support science and evidence-based decision making in our government by providing unbiased scientific and technical advising services to the legislature. Our SEAL research team has determined that there is sufficient sound scientific backing to support the passage of SB-1301, to reduce the use of isolated confinement in our state correctional facilities by imposing clear and strict requirements governing its use. Extensive review of the research related to this multifaceted issue reveals (1) a lack of demonstrated efficacy beyond the exceptions provided for in this bill, (2) excess cost on the order of two to three times more than standard than standard housing options, and (3) substantial evidence supporting deleterious outcomes resulting from widespread use of isolated confinement with limited oversight. This comment provides further details about the physical health impacts which have been found to be associated with isolated confinement. Physical health repercussions of isolated confinement have received an increasing amount of attention in recent years. Isolated confinement has shown to lead to signs and symptoms such as; weight fluctuation, skin irritations, cardiovascular disease and musculoskeletal pain, among others. Inmates subjected to the conditions of isolated confinement experience 31% higher hypertension occurrence than those in standard housing of maximum security units, resulting in higher medical costs and loss of quality-adjusted life years. Previous studies have also revealed that the constant lack of natural sunlight experienced by inmates in isolated confinement is associated with vitamin D deficiency, a particular risk for older inmates with higher risks of falls and fractures. Taken together with the generally poor efficacy and excess costs associated with isolated confinement, this evidence supports the reduced use of isolated confinement in our state correctional facilities and is in alignment with the goals of this bill.

I am providing these comments as a member of the “Scientists and Engineers Advising Legislation'' coalition (SEAL). We are a volunteer group of several hundred graduate students and early career researchers from universities across the Commonwealth, and our goal is to support science and evidence-based decision making in our government by providing unbiased scientific and technical advising services to the legislature. Our SEAL research team has determined that there is sufficient sound scientific backing to support the passage of SB-1301, to reduce the use of isolated confinement in our state correctional facilities by imposing clear and strict requirements governing its use. Extensive review of the research related to this multifaceted issue reveals (1) a lack of demonstrated efficacy beyond the exceptions provided for in this bill, (2) excess cost on the order of two to three times more than standard than standard housing options, and (3) substantial evidence supporting deleterious outcomes resulting from widespread use of isolated confinement with limited oversight. This comment provides further details about isolated confinement’s adverse consequences on prisoner misconduct and recidivism. There is a modest and growing body of research examining the effects of exposure to isolated confinement on institutional safety or community safety as measured by further prisoner misconduct while incarcerated or recidivism upon release. We were unable to find a single study showing significant decreases in misconduct or recidivism associated with exposure to isolated confinement. Extensive review of this literature revealed findings ranging from isolated confinement having null (no) association with misconduct or recidivism to isolated confinement being associated with increased misconduct or recidivism. These effects vary across inmates dependent on a wide variety of offender characteristics. Specifically, recent research suggests that isolated confinement for mentally ill inmates and gang members leads to significant increases in subsequent misconduct while incarcerated. Taken together with the full body of research surrounding this issue , this evidence supports the reduced use of isolated confinement in our state correctional facilities and is in alignment with the goals of this bill.

I am providing these comments as a member of the “Scientists and Engineers Advising Legislation'' coalition (SEAL). We are a volunteer group of several hundred graduate students and early career researchers from universities across the Commonwealth, and our goal is to support science and evidence-based decision-making in our government by providing unbiased scientific and technical advising services to the legislature. Our SEAL research team has determined that there is sufficient sound scientific backing to support the passage of SB-1301, to reduce the use of isolated confinement in our state correctional facilities by imposing clear and strict requirements governing its use. Extensive review of the research related to this multifaceted issue reveals (1) a lack of demonstrated efficacy beyond the exceptions provided for in this bill, (2) excess cost on the order of two to three times more than standard than standard housing options, and (3) substantial evidence supporting deleterious outcomes resulting from widespread use of isolated confinement with limited oversight. This comment provides further details about isolated confinement’s adverse consequences on the mental health of inmates. Previous studies suggest that inmates in isolated confinement experience higher mortality rates due to non-natural causes, sensory deprivation, and psychological distress compared to inmates in the general population. Specifically, inmates in isolated confinement can experience: perceptual changes such as distortions, hallucinations, and derealization experiences, affective disturbances, disturbances of thought content, and problems with impulse control. Moreover, previous studies suggest that isolated confinement can cause physiological changes to the brain, such as a decrease in the size of the hippocampus, which controls emotion and learning, and can result in a decrease in total volume of neurons. More recent studies in incarcerated juveniles revealed that juveniles in isolated confinement can also experience a physiological change in the frontal lobe of their developing brain, which affects their ability to reason. Further, individuals recently released from prison who had a history of isolated confinement have been shown to be more likely to develop symptoms of post-traumatic stress disorder than those who had not been isolated; this finding highlights the traumatic experience of isolated confinement with potentially long-term emotional effects. It should also be noted that mentally ill inmates are known to be more likely to be placed in isolated confinement instead of receiving appropriate treatment for their condition. Given the above evidence, placing an inmate in isolation will likely only worsen their condition.

Lois Fegan, Chief of Restrictive Housing for the Virginia Department of Corrections. Presence requested in case questions arise from the floor about SB1301 - Isolated Confinement.

SB 1301: On behalf of the ACLU of Virginia's 200,000 members and supporters, we strongly support SB 1301. We have become acutely aware through our own research; from incarcerated people who reach out to us; and through lawsuits we have filed, that far too many people have suffered and continue to suffer as a result of DOC's overreliance on solitary confinement. The impact of solitary on mental health is well known, and can be devastating and long-lasting. Researchers have found that social isolation, sensory deprivation, and enforced idleness is a toxic combination that can lead to a range of significant mental health symptoms and can themselves lead to behaviors that cause people to cycle in and out of segregation while incarcerated and then have difficulties re-entering society. A recent study in JAMA found that people who had spent “any time in restrictive housing” while incarcerated were “significantly more likely to die of all causes in the first year after their release than those who did not.”   This bill also improves public safety by pushing prisons to be more rehabilitative than they are today. The bill reimagines segregation as an emergency measure to stabilize someone who is a threat to safety in general population, instead of a default option for dealing with a range of behaviors including symptoms of mental health issues.   Finally, we have real concerns about the accuracy of the fiscal impact statement that VDOC provided to the Department of Planning and Budget. We know from speaking with people who have first-hand experience implementing similar reforms that they can yield substantial savings in the long-term by resulting in far fewer people being kept in isolation or in costly supermax facilities, and we know that holding people in solitary costs far more in staffing and close supervision than holding people in general population.   SB 1363: On behalf of the ACLU of Virginia and its supporters and members, we write to oppose SB 1363. ACLU-VA believes strongly that DOC is in need of effective and independent oversight, which is why we supported HB 2325. While we appreciate the similar intention behind SB 1363, we would rather the legislature pass nothing than a bill that will give the public the impression that DOC is subject to independent oversight when it is not; that will make the Board of Local and Regional Jails less effective at its current mission of jail oversight; and that will hinder efforts to create truly effective, independent civilian oversight next session. Because BLRJ is not entirely independent of DOJ, because this bill provides it with vague and limited oversight authority, and because this bill places too much responsibility on an under-staffed agency without adequate funding for real oversight, we oppose this bill.

Sub Committee Chairman and members: On behalf of our 1300 SALT members I URGE YOU TO VOTE FOR SB1301 limiting and ending Solitary Confinement. SALT supports the reducing of solitary Confinement to an absolute minimum and legislation to ban it for the mentally ill. This practice of over use by VDOC is considered torture and fails to meet the constructive and rehabilitative purposes of criminals justice. Just consider the two most recent ACLU Court settlements against VDOC for a reported $115,000 to two inmates who spent almost 13 years each in Solitary Confinement An Analysis of the Fiscal Impact of the HALT Solitary Confinement Act in another state reports that Solitary confinement ending Save Money, Save Lives: An Analysis of the Fiscal Impact of the HALT Solitary Confinement Act in another state saves money & saves lives. Date: Nov 29, 2020 Author(s): Partnership for the Public Good Topic(s): Criminal Justice: General, Criminal Justice: Incarceration Report In New York State, a majority of state lawmakers support passage of the Humane Alternatives to Long-Term (HALT) Solitary Confinement Act (S.1623/A.2500), to restrict the use of solitary confinement in prisons and jails in line with international human rights standards. Several local legislatures have endorsed the bill, including the Erie County Legislature. In “Save Money, Save Lives,” Partnership for the Public Good provides a fiscal analysis of the potential impact of the HALT Act which reveals that the opposite is true. Implementing the HALT Act can save New York State and local governments an estimated $132 million dollars annually, or $1.3 billion dollars over 10 years. People in prisons and jails are people, family members, and community members — they are not simply dollars and cents. Regardless of the fiscal impact, solitary confinement has long been recognized as torture and it should be ended. That said, the fiscal savings are yet another reason for States to act now and pass Solitary Confinement ending, Thank you for the opportunity to testify. john Horejsi, Coordinator, Social Action linking Together (SALT) jhorejsi@cox.net

Please support SB 1301 Correctional facilities; use of isolated confinement that effectively ends prolonged isolation for both adults and juveniles in Virginia State Prisons. Prolonged Isolation for longer than 15 days was defined as an act of torture by the United Nations Special Rapporteur on Torture. Moreover, numerous medical and psychological studies have determined that prolonged isolation (longer than 15 days) can damage the mental and physical health of a person. Correctional authorities can manage behavior without resorting to prolonged isolation. Documentation for supporting this legislation can be found by clicking on Solitary Confinement Fact Sheet: What Other States Have Done to Address the Cost and Cruelty which can be found on the SALT web page: https://s-a-l-t.org/index.php?option=com_content&view=article&id=325:what-other-states-have-done-to-address-the-cost-and-cruelty&catid=2:uncategorised. At least five states (Colorado, Delaware, New Jersey, North Dakota, and Washington) have adopted similar policies proposed by SB 1301, either through legislation or administrative actions. These states have all shown an approximate neutral fiscal impact when they have reduced or eliminated the use of isolated confinement. Recent documentation of the cruelty of this practice in Virginia can be found in these two articles: 1) ARTICLE IN THE RICHMOND-TIMES DISPATCH--https://richmond.com/news/state-and-regional/settlement-reached-in-case-of-virginia-inmate-allegedly-held-in-solitary-for-more-than-12/article_93863eee-8b8e-55e9-bbbb-e7470265ea5d.html#tracking-source=home-top-story-1. 2) A VIRGINIA PRISON HELD A MAN IN SOLITARY CONFINEMENT FOR OVER 600 DAYS--https://theappeal.org/a-virginia-prison-held-a-man-in-solitary-confinement-for-over-600-days/. Submitted on February 10, 2021, by Robert Stewart, SALT Public Affairs Coordinator

SB 1301: On behalf of the ACLU of Virginia's 200,000 members and supporters, we strongly support SB 1301. We have become acutely aware through our own research; from incarcerated people who reach out to us; and through lawsuits we have filed, that far too many people have suffered and continue to suffer as a result of DOC's overreliance on solitary confinement. The impact of solitary on mental health is well known, and can be devastating and long-lasting. Researchers have found that social isolation, sensory deprivation, and enforced idleness is a toxic combination that can lead to a range of significant mental health symptoms and can themselves lead to behaviors that cause people to cycle in and out of segregation while incarcerated and then have difficulties re-entering society. A recent study in JAMA found that people who had spent “any time in restrictive housing” while incarcerated were “significantly more likely to die of all causes in the first year after their release than those who did not.”   This bill also improves public safety by pushing prisons to be more rehabilitative than they are today. The bill reimagines segregation as an emergency measure to stabilize someone who is a threat to safety in general population, instead of a default option for dealing with a range of behaviors including symptoms of mental health issues.   Finally, we have real concerns about the accuracy of the fiscal impact statement that VDOC provided to the Department of Planning and Budget. We know from speaking with people who have first-hand experience implementing similar reforms that they can yield substantial savings in the long-term by resulting in far fewer people being kept in isolation or in costly supermax facilities, and we know that holding people in solitary costs far more in staffing and close supervision than holding people in general population.   SB 1363: On behalf of the ACLU of Virginia and its supporters and members, we write to oppose SB 1363. ACLU-VA believes strongly that DOC is in need of effective and independent oversight, which is why we supported HB 2325. While we appreciate the similar intention behind SB 1363, we would rather the legislature pass nothing than a bill that will give the public the impression that DOC is subject to independent oversight when it is not; that will make the Board of Local and Regional Jails less effective at its current mission of jail oversight; and that will hinder efforts to create truly effective, independent civilian oversight next session. Because BLRJ is not entirely independent of DOJ, because this bill provides it with vague and limited oversight authority, and because this bill places too much responsibility on an under-staffed agency without adequate funding for real oversight, we oppose this bill.

Hello, Senators; Please vote NO for SB1363 Local Regional Jails, Board of; powers and duties, Sen Marsden. We feel this bill is neither fair nor is it balanced in the composition of its oversight board. Plus by being under the Department of Corrections, it would not be independent. There must be independent oversight of the Department of Corrections. Please Vote NO for SB1363 and instead support independent accountability and oversight of the DOC as described by Del Hope's bill which has now been sent to the Crime Commission for further study. Thank you. Gary and Debra Turner 540-421-5092