PRESS RELEASE

Promised Study of Solitary in Virginia Prisons Will Fail to Meet Professional Standards

Earlier this year, the Virginia Legislature opted to require a study of prisoners in solitary confinement in its state prisons, in lieu of legislation to restrict such confinement to no more than 15 days.  The study, which is required by law to be completed by December 1st, is supposed to be a collaboration of the Virginia Department of Corrections (VDOC), formerly incarcerated individuals, and public interest groups as represented by the Virginia Coalition on Solitary Confinement, a group of organizations working to limit solitary confinement in Virginia.  The intent is for representatives of these three groups to interview a minimum of 25 persons currently held in solitary confinement (referred to as Restorative Housing Units or RHU by the Department of Corrections) and report their findings to the state legislature. 

That study has the promise of showing  the true practices going on inside VDOC facilities by documenting how, why, and when “restorative housing” is being used within their facilities. 

In doing studies like this, on what researchers call “human subjects,” both federal and state law require an external review board, which can be an Institutional Review Board (IRB) or a Human Subject Research Review Committee (HSRRC).  IRBs and HSRRCs were created for researchers to have third-party reviewers check their work to ensure they are abiding by the highest legal, ethical, and moral standards. These standards were developed out of experience with the Nuremberg trials, the infamous study using unwitting Tuskegee Airmen, and other studies where researchers disregarded the human character of their subjects.

When the Coalition insisted at these meetings that the VDOC study include an IRB to meet acceptable research standards, VDOC refused.  The Coalition’s position was not simply a layperson’s opinion but the unanimous agreement of our lawyers and research professionals, including Dr. Robert Kinscherff, Ph.D., JD, Harvard Professor, and Executive Director of The Center for Law, Brain, & Behavior.

VDOC’s position on using an IRB for this important study is in sharp contrast to the response  the coalition received from the Virginia Department of Juvenile Justice (DJJ) on a similar matter.  The bill authorizing the study of “restorative housing” also called for DJJ to  work with coalition members to document the usage of “restorative housing” in their facilities.  The coalition and DJJ were able to execute a plan of study within one meeting, and the DJJ themselves were adamant about the presence of an external review board. 

Due to the VDOC’s refusal of an IRB, the Coalition has paused its participation in the mandated study on “restorative housing.” We, unlike VDOC, believe we are legally, ethically, and morally bound to put the safety of incarcerated people first.  Foregoing the study, or proceeding with the study without an IRB, denies the Virginia legislature the information sought for the purpose of addressing the dire situation of solitary confinement in Virginia prisons. And, the real-life consequence is that many incarcerated individuals will continue to suffer.

 As a formerly incarcerated survivor of solitary, I know from my personal experience the life- time effects of long-term confinement and especially solitary confinement. I know that there will be more preventable deaths and suicides. I know that people will continue to deteriorate mentally, spiritually, and physically. I know that this will make everyday life a thousand times harder for them and their loved ones. I know that when you stand by and allow your government to torture (as the United Nations Rapporteur on Torture defines solitary confinement over 15 days) its own citizens and then release them back into the community, you have not only participated in that torture, but you have damaged the entire community.

If there is going to be a study, it needs to be done right.

Written by: 

Natasha White

Virginia Director of Community Engagement

Interfaith Action for Human Rights 

Contact information 

Natasha White

3 Oakleigh Court 

Henrico, Virginia 23238

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Cell# 347-883-4763