The five cities that send inmates to the Hampton Road Regional Jail said in a joint statement that they have "no intentions of pulling any inmates from that facility" after a scathing Department of Justice report found it violated the constitutional rights of inmates.
The Department of Justice completed an investigation that started in December of 2016 into the Hampton Roads Regional Jail in Portsmouth, and it concluded that there is reasonable cause to believe that the jail failed to provide constitutionally adequate medical and mental health care to prisoners.
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia conducted the investigation and learned that the prisoner's Eighth and Fourteenth Amendments were not protected.
The investigation also revealed that the jail places prisoners with serious mental illness in restrictive housing for prolonged periods of time under conditions that violate the Constitution.
Officials said the investigation was spurred after several inmate deaths, including 24-year-old Jamycheal Mitchell. Mitchell had been in jail for 100 days. He was awaiting trial for stealing $5 worth of snacks from a convenience store.
"We suspected, believed, that there were systemic problems that led not only to Mr. Mitchell’s death but to others and to the conditions and suffering of inmates every day," said American Civil Liberties Union Spokesperson Bill Farrer.
The Department also concluded that the Jail’s restrictive housing practices discriminate against prisoners with mental health disabilities in violation of the Americans with Disabilities Act (ADA).
As required by the Civil Rights of Institutionalized Persons Act (CRIPA) and the ADA, the Department provided the Jail written notice of the supporting facts for these alleged conditions and the minimum remedial measures necessary to address them.
“The Constitution guarantees all prisoners necessary medical care, including mental health care, treatment, and services,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division in a press release. “Our investigation found reasonable cause to conclude that the Jail fails to provide constitutionally adequate medical and mental health care and that prisoners experience serious harm as a result. The Justice Department hopes to continue to work with the Jail to resolve the Department’s concerns.”
This investigation was conducted by attorneys with the Special Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Virginia.
“Our investigation uncovered evidence of significant violations of inmates’ constitutional rights to adequate medical and mental health care, as well as violations of the Americans with Disabilities Act,” said U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia in a press release. “We look forward to working with the Jail to ensure the rights of those incarcerated are not violated.”
Col. David Hackworth released the following statement about the investigation:
"Yesterday the United States Department of Justice issued a report based upon their investigation of the Hampton Roads Regional Jail. As I stated yesterday, we strive to provide the best service to those individuals incarcerated in the Hampton Roads Regional Jail, our member jurisdictions, and the citizens that we serve. We routinely review our policies, procedures, and practices to ensure we are providing our services to comply with State and Federal law. We will continue to do so as we move forward into the future. In addition, we look to utilize the best practices possible as evident by our accreditations with the Virginia Board of Corrections, National Commission on Correctional Health Care, and the American Correctional Association. I feel that this report will be a beneficial tool to the Hampton Roads Regional Jail and we are looking forward to meeting with the United States Department of Justice in the very near future."
The five sheriff's offices including Portsmouth, Hampton, Newport News, Norfolk, and Chesapeake said in a joint statement:
"The Sheriffs of the member cities of the Hampton Roads Regional Jail (HRRJ) are aware of the report from the Department of Justice (DOJ). We expect all inmates to be treated with dignity and respect and we have zero tolerance for mistreatment. We believe appropriate measures have been taken to ensure changes to both cultural and correctional practices and to comply with federal and state law.
Earlier this year, the HRRJ Board hired Col. David Hackworth to take over the administration of the HRRJ. Col. Hackworth came to us with over 31 years of correctional experience and over 20 years in leadership and management positions. Col. Hackworth has increased transparency and communication with both the board and the public and has earned our full support. Since taking over, Col. Hackworth has made great strides in improving medical and mental health care. Nearly all correctional staffing vacancies have been filled and the HRRJ has been reaccredited by the American Correctional Association. In May 2018, an assessment from the Virginia Department of Corrections found the HRRJ to be in 100 % full compliance with their standards.
We have no intentions of pulling any inmates from that facility. We collectively believe the steps being taken by the new superintendent will restore the public’s trust in the jail and its leadership. We also support Col. Hackworth as he continues to work diligently with the DOJ to meet and address any and all concerns outlined in the report."
Virginia's Attorney General Mark R. Herring also released a statement about the investigation:
"The conditions detailed in this report should not exist in this facility or anywhere in Virginia. I requested this investigation because it was clear the Hampton Roads community needed and deserved answers about what was going on in this facility, especially in light of the deaths of Jamycheal Mitchell and Henry Clay Stewart, Jr. and the lack of transparency and accountability surrounding those deaths. The Department of Justice’s findings should be a serious wake-up call, and a catalyst for even more work at HRRJ and around the Commonwealth to ensure the safety and health of inmates, especially those with mental illness."
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