Names, Charges Are Public Record
The Southwest Virginia Regional Jail Authority is violating open records laws by refusing to release basic prisoner information to anyone who asks, including bail bondsmen who cannot determine the name, charges or bail amounts set for people being held inside.
In a story this week, reporter Mike Owens showed that the Abingdon-based agency, with sites in Haysi, Tazewell and Duffield, once provided basic prisoner information without hesitation. But now, jail officials are enforcing a no-release policy that contradicts public records rules adopted by other Virginia regional jails and under state law.
The name of the prisoner, the person’s criminal charges and the bond amount set by a magistrate are crucial pieces of information a bail bondsman needs to decide whether to post a suspect’s bond. Refusing to provide that information could prevent an eligible person from bonding out of jail.
There is no clear reason for the policy change. Steve Clear, deputy superintendent for the regional jail, said the aim was to “make sure we don’t give out inaccurate information.”
Clear also said the information is exempt from the Virginia Freedom of Information Act. But he is wrong.
The state Freedom of Information Act exempts from public requests records that deal with health, attorney visits and disciplinary matters. But there is no provision that authorizes secrecy for the names of inmates, the charges they face or their bail amounts.
Alan Gernhardt, of the Virginia Freedom of Information Advisory Council, said “it doesn’t make sense that they would [withhold information] if it’s part of the open record in a court.” He also noted that the Virginia Code requires openness regarding the identity of any adult who is arrested and charged with a crime, and the status of the arrest and charge.
Most disturbing was Clear’s assertion that his jail’s policy is similar to that of other regional jails in Virginia. He claimed, while laughing, that other jails would not verify whether an inmate was housed there or not. Clear’s demeanor was unprofessional and his assertion was dead wrong.
Calls to other jails in various parts of Virginia produced the required public information and assertions that they regularly comply with those requests. In fact, officials at those other jails themselves laughed at the absurdity of keeping these records secret.
The local regional jail authority needs to immediately get back in line with Virginia’s open records law, or it will face potential lawsuits. The Bristol Herald Courier, for example, has been known to sue public agencies for thumbing their noses at the public’s right to know. In one noteworthy case, we got the records and also got a judge to force the city of Bristol, Va., to pay our attorney fees.
Are you paying attention, jail authority?
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Reader Reactions
I have had some dealings with the regional jail system and I don’t like what I’ve witnessed. It’s my opinion they stretch the law in more ways than one at the least. I’ve never encountered problems with the release of information aspect which this editorial addresses but I do have another story, so to speak.
I’m generally a fairly conservative person, had, up until this experience, high regard and respect for all law enforcement including those who administer and operate the regional jail system. That changed when I became involved in a certain case.
An acquaintance of mine was taken into custody for a non-violent crime and placed in the facility in Washington County to start his journey to a federal facility. He spent a few days there and was transferred to a regional jail in the, I believe, Pulaski area. I’m not sure of the county. Suffice it to say it was somewhere along the I-81 corridor between Abingdon and Roanoke. He spent about three weeks in that facility and from there was transferred to the Roanoke City jail. From Roanoke he was then sent to the federal prison in Atlanta where, because, of overcrowding in the usual cell blocks, he was placed in solitary confinement for ten days. His family did not know his whereabouts and he was not allowed to contact them while in Atlanta. From there he went to a federal facility in Oklahoma City and from there to a federal facility in Ashland, KY where he served his time and was released.
This person told me that of all the facilities in which he was placed the worst by far were those in the Virginia Regional Jail system in SW Virginia. Judging from what he said I think it’s reasonable to conclude that the treatment he and other inmates received bordered at times on the inhumane. I visited this person once, at the Roanoke City jail, while he was batted around SW Virginia. I doubt the jail there is a part of the regional jail system so this comment can’t be used to gauge with absolute accuracy the similarities of facilities in the regional system but I was horrified by the visitors area on the public side of the glass in the visitation room. It was filthy to say the least. I left wondering if the areas accessible to and observed by the public were that dirty what could the inmate areas possibly be like.
I don’t expect penal institutions to be like a Holiday Inn. But after this one particular experience added with comments made to me by other inmates and even regional employees I have to conclude the regional jails in SW Virginia need a complete review by an independent source.
Don’t fret that I’m some bleeding heart liberal who thinks incarceration should be a cake walk because I don’t think that way at all. Incarceration isn’t meant to be akin to the life of Riley. It’s meant to be punishment. Unfortunately I discovered there is punishment and there is punishment.
Getting away with it is right. Anyone know of local (Bristol) examples of similar behavior? Again I stress the point that we are talking of individuals here, not all law enforcement or the profession itself. Anyone?
So Mr. Clear is making his own rules and getting away with it?
I fell the same way about law enforcement in general. We all know of certain individuals though who decide they are exempt from laws and regulations. These people give the honest men and women a bad name. You don’t even have to look very far. This is something that even those in law enforcement can agree on if they are of the honest variety.
Two things intrigue me here…Judges legislate from the bench all of the time so being upset at a jailer for following the example of others does not surprise me, and I don’t agree with either situation. The second is that the jail may be trying to stop someone from mining information from the jail to contact indemnitors that have not contacted them first to solicit bail. This can and does happen, and i don’t agree with it either.
This activity is not unique to LE… it permeates most “public organizations”... ie: “government”... people by their very nature tend to want to “be in control” thereby creating, changing or interpreting rules and regulations as they see fit… it is called “bureaucracy”... and as happens in these organizations there is the application of the “peter principle”... this may be what has happened in this instance… I don’t operate in this jurisdiction so I cannot address this particular situation… but it generally exists everywhere… but let me also say… the rank and file of LE, in my opinion… is manned by very dedicated and capable people that strive to do things “the right way” but unfortunately they are often times overshadowed by the negative activities that we see here. I see and deal with both types on a daily basis… as we all do… hopefully the “cream will rise to the top” and correct this situation.
Interesting! This certainly makes one wonder why certain individuals, who are sworn to uphold the law, decide which parts of they like and which parts they don’t. It also makes one wonder about the reason for making such decisions. Do you feel there are individuals at any other levels of law enforcement which do the same?
All I can offer here is that there is a big difference between “police reports” and my calling in to a jail for basic info on a subject. I do know that there is much “public” info that is out there and many LE dept. will post arrests in the local paper… except for juvenile charges or domestic stuff that falls into that category… and I will say this… it has been my experience that every jurisdiction is different… they each decide how a particular activity is handled… not only that but whoever happens to be at the desk at the time also decides how something is handled… the code of Virginia (or any other state, IMHO) seems to mean nothing… it is a guideline only and is open to interpretation by whomever is referencing it at the time. So the bottom line on your question is…. “it just depends”. I have said for years…. “the rule of thumb is… there is no rule of thumb”. This news article would seem to uphold that statement. We will see where it goes.
Hello speezack! Since you have some experience in this area, I am wondering: can I or anyone else walk into a police dept. and ask for police reports for someone even as far back as say 1987? Just curious I know this isn’t your particular area but your experience is closer to it than I am.
First of all… the jail is violating the rights of the inmates because it removes their legal civil right to bail. No information, no bond… therefore violation of defendants civil rights.
A bondsman is a licensed agent as either property or surety. In Virginia a surety bondsman holds a bonding license with DCJS… a state regulated organization and a P&C insurance license thru the Dept. of Insurance, also state regulated. Bondsmen have the legal right to be provided with information that allows us to perform our duty and job as outlined and enforced by state regulations. When any facility denies us access to the information we require to write the bond, they are violating not only the defendants civil rights but our rights as well.
This will not fly for long… I predict it will end almost immediately. There will be such an outcry from all sources that it will go away quickly… if not, we are all in trouble… when agencies start deciding which laws they will follow and which ones they will not…. everyone is in trouble.
I will say this… if a jail refuses to provide me with the necessary information that I legally need to perform my duties as a licensed bondsman in Virginia… I will be in Circuit Court that same day filing a civil suit.
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