Open Letter to the Virginia Lawmaker

Dear Virginia Lawmaker,The 2025 General Assembly session begins in less than 4 months. The purpose of this open letter is to ask both Democrats and Republicans alike to consider sponsoring bills that would focus on and promote some restorative justice measures in Virginia. Measures that would primarily give aging offenders who have served decades in prison a legitimate opportunity to be restored back into society.Most reasonable people would agree we need a penal system that punishes criminals and offers justice to victims and their families. We understand prisons also serve to protect society from violent offenders who are likely to be repeat offenders. However, in addition to punishment and protection, prisons are also intended and designed to rehabilitate and reform those of us who have offended. In fact, Virginia calls our prison system the Department of Corrections. Correction can only take place when people change. I believe it’s our shared universal human experience that most people can and in fact do change over time. Who among us is the same person today as they were 20-25 years ago? Who expects to be the same person in 20-25 years they are today?The Vadoc currently houses about 24,000 inmates. Roughly 8,000 or one third of these are considered to be geriatric or will soon be. Many of these inmates have spent decades in prison. Many have shown remorse and they have been rehabilitated & reformed. This demographic also poses a very low risk to offend again.Virginia abolished general parole opportunities 30 years ago and most inmates are now only able to earn 4.5 days of “good time” a month. Geriatric parole review opportunities are available to most inmates once they turn 60 but the Virginia parole board is only granting about 10-12 of these a year. Without changes to the law, many inmates who have served decades in prison will not get restoration opportunities.Unfortunately, hundreds if not thousands of aging and geriatric inmates are serving what is known as numerical life sentences. We have sentences or sentence structures that amount to a life sentence. For example, I don’t have a single sentence of more than 10 years. However, because my sentences were ordered to be served consecutively rather than concurrently, I have an 84.5 year prison sentence. This amounts to a numerical life sentence. I am now 56 years old and have been incarcerated for 26 years.Virginia lawmakers have an opportunity this General Assembly to pass restorative justice legislation such as the Second Look act. This bill had bipartisan support last year. It would create a mechanism for inmates who have served 20, 25 years or more to ask for a review and reconsideration of their sentences. Surely after decades in prison a sufficient amount of time has been served for most crimes and enough time has passed for the possibility of change in the offender. Without Second Look there is no hope of restoration for many who have demonstrated justice has been served and “corrections” has achieved its mission.I was disheartened to learn Del. Don Scott was leaning towards not sponsoring a Second Look bill this year due to the predetermination Governor Youngkin would not sign such a measure. This is a shame.Justice reform and restorative justice measures should be BIPARTISAN issues. Many Virginia families across the political and socioeconomic spectrum have a vested interest in these issues.The Virginia Department of Corrections has an annual operating budget of 1.5 BILLION dollars a year. Almost 70% of all medical costs are being spent for the 33% of the geriatric population. Surely Virginia taxpayers would benefit from a Vadoc that could be downsized by laws that allowed for the release of aging inmates who have served significant time and can demonstrate they no longer pose a threat to society. To put it in perspective, Virginia’s Department of Corrections annual budget of 1.5 billion dollars is to house 24,000 people. One third of whom are considered to be geriatric. Many of those no longer pose a threat to society.In addition to Second Look legislation, I would like to ask Virginia lawmakers to consider changes to the geriatric parole laws. Most inmates who are 60 years of age and have served at least 10 years in prison are considered to be eligible for geriatric parole. However, I would like lawmakers to consider changes to geriatric parole eligibility. Inmates who have served 20-25 years or more and are at least 55 years of age should also be geriatric parole eligible. This would give the Department of Corrections an additional restorative justice measure as well as a tool to decrease prison populations without any significant risk to the public.Legislation that looked to rid the Vadoc of some of the geriatric population achieves multiple goals.#1 decreases the prison population#2 reduces the growing health care costs for aging inmates#3 potentially restores remorseful men and women back into society who have been rehabilitated and reformed after decades of incarceration.#4 makes prisons safer for both inmates and staff when these second look and geriatric parole opportunities are contingent on good behavior while incarcerated.Thank you for your consideration.

Sincerely,

Jeffrey Shortal.