New Virginia investigator to streamline complaint filing for incarcerated people and their families

By: - December 16, 2024 5:29 am

(iStock / Getty Images Plus)

Virginia’s new corrections ombudsman, Andrea Sapone, is hitting the ground running, pledging to investigate allegations of mistreatment and address health and safety concerns raised by incarcerated people and their families.

Hired in late September by the Office of the State Inspector General, Sapone said her office has already begun tracking letters and emails from those seeking assistance.

“It takes a village to raise and identify concerns and find solutions,” Sapone told members of Virginia’s Corrections Oversight Committee Friday morning.

The Office of the State Inspector General (OSIG) plans to improve transparency and accessibility for its corrections ombudsman unit by updating its website to include the unit’s mailing address and an online complaint form,Sapone said. She added that she is working on protocol to ensure that inmates and family members who reach out can be informed about the status of investigated claims. 

Sapone also called for a formal memorandum of understanding between OSIG and the Department of Corrections to establish coordination procedures for investigations. 

Sen. Dave Marsden, D-Alexandria, a member of the Corrections Oversight Committee, said that he and other lawmakers are frequently  contacted by incarcerated people and their families seeking assistance. 

He emphasized that while it may be tempting for lawmakers to intervene directly in complaints it is crucial to forward the information to the ombudsman to ensure a proper investigation. 

“You know, you hear compelling stories that may or may not be true and we need to regulate ourselves to make sure that our role is to oversee the ombudsman’s office and not get engaged in individual cases,” Marsden said. 

People in Red Onion State Prison relay poor conditions

An investigation into living conditions and treatment of inmates at Red Onion State Prison is what some lawmakers, prison reform advocates and loved ones of people incarcerated there have been calling for in recent weeks. 

Ahead of Thanksgiving, Department of Corrections Director Chad Dotson confirmed that six incarcerated individuals had intentionally burned themselves. He said that they received medical treatment and were referred to mental health services. 

The confirmation came after the Virginia Legislative Black Caucus (VLBC) urged Dotson and Gov. Glenn Youngkin to investigate. The caucus, which had been contacted by families of those incarcerated, suggested the self-harm incidents were acts of protests against prison conditions or efforts to prompt transfers to other facilities. 

Red Onion has also seen hunger strikes, with inmates citing  poor living conditions and food, mistreatment,racism by some correctional officers and the excessive use of solitary confinement, according to the caucus 

In a statement, the caucus said the hunger strike and the self-harm “reflect the psychological and physical toll that gruesome prison conditions can have on incarcerated individuals.”

When Dotson confirmed that at least six people at the prison had harmed themselves, he said they did so by “tampering with electrical outlets.” 

Dotson dismissed reports from the prison as “bad-faith efforts to try to score cheap political points by advocacy groups.” 

He also accused these groups of pushing for “prison abolition and policies that would make Virginians less safe.”

Ekong Eshiet, who is incarcerated at Red Onion, has recently expressed concerns about his safety. 

Allegedly among those who engaged in self-harm, Eshiet was contacted by The Mercury through JPay, a service that allows incarcerated people to communicate with those who are outside the prison. 

He suggested reaching out to his sister, who did not respond to calls or messages before this article’s publication. 

Prison Radio, an organization that amplifies the voices of incarcerated individuals, has released an audio recording of Eshiet. In the recording he recounts facing discrimination due to his name and Muslim faith and described the challenges he encountered during his personal hunger strike. He also spoke openly about setting himself on fire.

Eshiet described his situation as being “in fear for my life.”

Expressing his hope for a transfer to another facility to serve the remainder of his  sentence, Eshiet said, “I’m trying to get up off this. I’m doing my best, like I’m going about this the right way. I guess, like with the hunger strike way. But if I have to, I don’t mind setting myself on fire again.”

For Sen. Barbara Favola, D-Arlington, the situation seems like “a cry for help.” 

“I mean something has to be going on, right?” she said in an interview with The Mercury. 

Like the VLBC, Favola has been working to uncover more information about potential issues within the prison. Earlier in November, she and Senate Majority Leader Scott Surovell, D-Fairfax, sent a letter to Dotson, requesting a detailed report after families of inmates shared troubling anecdotes about conditions at Red Onion and another facility, Wallens Ridge. 

“I can’t say that I have any evidence to point specific fingers at,” Favola said. However, she expressed hope that the newly established ombudsman position will facilitate  a thorough investigation into the matter. 

Sen. Lamont Bagby, D-Henrico, the VLBC chair, told The Mercury that he and his colleagues are still “gathering intel”on the conditions at Red Onion. As the caucus prepares to unveil its legislative priorities ahead of the upcoming General Assembly session, Bagby suggested that continued prison reform efforts may be among the initiatives. 

One proposal aims to regulate the duration a person can spend in solitary confinement. Although Virginia law refers to the practice as “restorative housing,” concerns about its excessive use have been raised by lawmakers and reform advocates. The measure passed the Democratic-controlled legislature earlier this year but was ultimately vetoed by Youngkin. 

The bill would have mandated  mental health evaluations every two days for individuals in solitary confinement and built on a related reform signed into law by Youngkin last year. That earlier legislation requires that people in solitary confinement receive a designated number of hours outside their cells each day. 

In his veto message for the 2024 bill, Youngkin described the measure as “unnecessary bureaucracy” that would burden facility administrators and hinder the department’s focus on “safety and inmate rehabilitation.”

‘Renewed hope’

In the meantime, prison reform advocates, incarcerated individuals and their families continue to speak out. 

At the recent Corrections Oversight Committee meeting, several people used the public comment period to share concerns about the conditions their loved ones have reported. They urged lawmakers to visit the prisons firsthand and called for thorough investigations into the issues. 

Kimberly Dyke-Harsley El shared that a family member, currently incarcerated at Greensville Correctional Center, went several days without access to his blood pressure medication. 

Similarly, Gigi Badawi recounted spending over a year navigating back-and-forth communications with the Department of Corrections to ensure necessary medication for her son at Indian Creek Correctional Center. 

And activist Phil Wilayto called on  lawmakers to investigate  the allegations emerging from  Red Onion. 

“It’s time for those of us who have advocated for our incarcerated loved ones to be taken seriously instead of immediately dismissed,” Badawi said. “I have renewed hope that the new ombudsman and her team will look into allegations.”

YOU MAKE OUR WORK POSSIBLE.

Creative Commons License

Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. We ask that you edit only for style or to shorten, provide proper attribution and link to our website. AP and Getty images may not be republished. Please see our republishing guidelines for use of any other photos and graphics.

Charlotte Rene Woods
Charlotte Rene Woods

Charlotte covers politics for Virginia Mercury following several years of state, local and federal government coverage at other Virginia outlets to include the Richmond Times-Dispatch and Charlottesville Tomorrow. Some focal points of her coverage for Virginia Mercury include health and housing policy.

Virginia Mercury is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.

MORE FROM AUTHOR