Gov. Terry McAuliffe signed a bill Monday requiring the rapid transfer of local and regional jail inmates who have been ordered to get mental health treatment. The bill was drafted after an outcry over the death of Jamycheal Mitchell at Hampton Roads Regional Jail in 2015.
Although 109 days have passed since the state Board of Corrections became legally responsible for overseeing jail death investigations, the newly reconstituted board has yet to launch a single probe.
At least 16 people have died in jails across Virginia since July 1, when a law spurred by outrage over the still-unexplained death of a 24-year-old man at a Portsmouth jail two years ago took effect.
More than three months later, those now charged with finding answers in cases such as Jamycheal Mitchell’s are still waiting for the state Department of Corrections to hire the lone, part-time investigator funded in a compromise for full-time positions initially envisioned by lawmakers.
“We ought to at least know where we are on it if nothing else; I think it’s critical that we get somebody on board,” board member Vernie W. Francis Jr. said at a regular meeting of the panel on Wednesday.
Mitchell’s death exposed a major gap in oversight across Virginia’s 60 local and regional jails, which previously policed themselves unless a crime had obviously been committed. No single agency previously was responsible for scrutinizing deaths in jails until the duty was assigned to gubernatorial appointees on the state Board of Corrections, which was reconstituted this summer to bring in experts needed to review suspicious cases.
“We’re ready to work (but) we need the information,” said Charles Jett, a new board member and former sheriff of Stafford County.
Those concerns will be put in writing this week to the head of the state Department of Corrections; Victoria Cochran, deputy secretary of public safety and homeland security for Virginia; a representative of the state Attorney General’s Office; and members of the newly reconstituted board named to a review panel that has yet to meet, said Board of Corrections Chairwoman Phyllis J. Randall.
Virginia Department of Corrections spokeswoman Lisa Kinney did not say whether a second part-time position dedicated to handling administrative tasks associated with the board’s new responsibilities, such as writing policies and reports, had been filled. The agency has received 165 applications for the investigative position, she said.
“I’m not sure what the holdup is, but the money was allocated in the budget for the positions and I would hope they hire some good people as soon as possible,” said Del. Robert B. Bell, R-Albemarle, who fought to enhance jail oversight in the wake of Mitchell’s death.
Kinney did not immediately say Wednesday when a hire would be made or whether agency head Harold Clarke had any comment on the board’s desire to begin work.
The medical examiner found that Mitchell, who was diagnosed with bipolar disorder and schizophrenia, essentially wasted away in plain sight over a 101-day stay at Hampton Roads Regional Jail. He remained incarcerated after efforts to secure him court-ordered mental health treatment had fallen through.
There were 36 deaths across the state’s local and regional jails in 2015 and 42 in 2016, according to a legislative report. At least 33 people have died in Virginia jails so far this year, according to information provided by Kinney and included in the Board of Corrections meeting packet on Wednesday.
The board will decide which deaths to investigate based on initial incident reports that reveal whether the person likely died of natural causes. Board members currently receive a dated listing of significant incidents with descriptions ranging from two to seven words: erroneous release; weapon discharge-no injuries; death in custody-apparent suicide by hanging.
It’s not enough, said Bobby Vassar, board vice chairman.
“There’s an expectation — and it feels heavy — with the review of deaths,” Vassar said. “Suppose there’s a question (about a death) and it’s, ‘What did the board do?’ We need to be in a position that is at least reflecting that we’re looking at the issue. We at least need to be able to say that we’re aware.”
A subcommittee of board members assigned to lead death reviews scheduled a meeting for itself on Nov. 15, with plans to begin work regardless of whether a hire has been made.
“At this point we don’t have a staff person so we’ve got to kind of get it figured out among ourselves,” said Francis, a retired Southampton County sheriff. “Whomever that person is, we’ve got to give them some sense of direction on what to do.”
Mitchell
Del. Rob Bell, R-Albemarle, championed the effort to enhance jail oversight and said he would like to see the work begin soon.
