Position Statement

Virginia's Dirty Little Secret: The Virginia Center for Behavioral Rehabilitation

Nestled in the rural setting (much like all of Virginia's prisons) of Nottoway County sits a largely secret money-making scheme supposedly housing Virginia's most violent sexual predators. This facility is mislabeled the Virginia Center for Behavioral Rehabilitation (VCBR). Those that know about it either have a loved one involved in the unfair, and arguably unconstitutional, Sexually Violent Predator's Act, or are profiting financially, personally or professionally from this institution.

Those who are made aware of its existence are often convinced that it is necessary to protect our children and community from the most violent predators. In actuality, it is doing more harm than good by using a huge percentage of Virginia's mental health budget to hold and treat men with markedly low chances of recidivism, who could otherwise be contributing to their families and communities. (https://njlawattorney.com/2019/05/30/bjs-sex-offense-recidivism-study-2019/

https://www.washingtonpost.com/news/the-watch/wp/2017/03/09/the-big-lie-about-sex-offenders/? )

Every resident of VCBR has been tried and convicted of a sexual offense and has served a prison sentence decided by a judge and/or jury as being fair and reasonable according to the crime. These men were not evaluated for mental disorders when sentenced, nor were they afforded treatment for a mental disorder. However, once their sentences were completed, they were evaluated by a licensed sex offense therapist. This "expert" determined that they not only had such a disorder, but the disorder was serious enough that it would make them likely to recommit a sexual offense unless secure inpatient treatment was provided to them.

The tools used to measure this likelihood are unreliable and unproven, and the opinions of the evaluators are based on hearsay and a one-time two-to-three hour interview with the defendant. Psychiatric and mental health professionals agree that this practice is based on junk science, and that the lines between mental health and crime are being crossed and hurting the integrity of sound mental health procedures and practices. (Appendix B-https://www.mentalhealthamerica.net/positions/sexual-predators; https://jaapl.org/content/46/1/63 )

Virginia must use sentencing to VCBR as a mental health issue, however, because otherwise the boundaries of constitutionality would be overstepped. Providing secure and appropriate mental health treatment to a population to protect themselves and society is constitutional and even applauded. But what is happening at VCBR is neither secure nor appropriate. The institution is no more than a prison under the guise of a mental health facility, costing taxpayers millions of dollars a year and protecting no one except the deep pockets of our politicians and highly paid businessmen.

The facility is surrounded by barbed wire and high fences, and windows are small and few. The rooms are cell-like and measure approximately 8x12. They are complete with a toilet. The only noticeable difference from a prison cell is that the toilet has a curtain around it. The residents, although diagnosed as unable to control themselves, are double-bunked in these tiny rooms. Residents must be visible to the staff at all times unless changing clothes or using the bathroom. The outdoor recreation area is 25x15, with no sports equipment as is advertised in the resident handbook and any outdoor time is very limited due to staff shortages. (Appendix C-https://vcbr.dbhds.virginia.gov/pdf/2018residentandfamilyhandbook.pdf)

Cameras are positioned throughout the facility, and all infractions, no matter how minor, are recorded and reported to leadership teams by security staff that has little training and sometimes not even any more than high-school diplomas, if that. The leadership teams, including security staff, can file criminal charges based on these infractions, or move the residents back months and years in their treatment, even if the infraction was not violent or sexual in nature.

Some men have been charged with a crime, sent to the local jail and found innocent, but on their return to VCBR were put on phase probation, costing them up to an extra year of treatment. The residents have no due process rights, the charges are not disclosed and they are refused the right to see the videotape if the charge was based on a video observation. Visitation with certain individuals is often suspended based on video observations, but again neither the resident nor the visitors are allowed access to the videotape.

These are punitive measures and not aligned with any type of mental health treatment. Even the employees themselves have been overheard describing the facility as a maximum security prison setting. (Appendix D-https://justice-for-life.webnode.com/testimonials/; https://ajustfuture.org/micro-stories/; https://ajustfuture.org/stories/ ) The treatment courses and programs may be helpful and beneficial, but many involve life skills, not sexual offenses, and they could easily and affordably be offered outside of the facility. (See Appendix C above for treatment courses offered)

Residents in mental health facilities in Virginia are afforded specific human rights, yet the residents at VCBR are denied many of those rights based on either safety and security (though not stated as a reason) or alignment with treatment. (Appendices E and F- E:https://law.lis.virginia.gov/admincode/title12/agency35/chapter115/; F:file:///C:/Users/Owner/Documents/SVPVCBRexemptosig-report-2015-bhds-003-fy2015-inspection%20(1).pdf- see Appendix A in document) Treatment should be individualized to be most effective. These violations to human rights are neither individualized, nor are they based on effective treatment of sexual offenders in general, most probably because so little is known in this field. If they truly suffer from a mental disorder then their treatment should be aligned with research-based practices specific to that disorder, not to a criminal offense.

Other mental health institutions do house violent residents, but most residents have not served time for their offenses, nor are their freedoms restricted to the degree of those at VCBR. In addition, no other mental health facilities in Virginia utilize the Access Secure-Pak "inmate" package program, Walkenhorst "inmate" supply company or Global Tel-Link "inmate" phone system. The prisons of the Department of Corrections use these services. When requested of the DBHDS under FOIA to see contracts from these companies, we were deferred directly to the director of the VCBR because the DBHDS has no such contracts.

(Appendix G-https://www.accesscatalog.com/index.html?State=VA; https://walkenhorsts.com/select_institution.html; https://web.connectnetwork.com/facilities/vagov-va-center-for-behavioral-rehab/ )

Residents in other institutions have access to cell phones and have phones on the wards which they can use without charge. VCBR residents must put money in a phone account in order to make calls and every call is recorded and monitored with judgments being made about the resident as well as the other person on the line. Punitive measures are often enforced based on phone calls so the residents are afraid to speak freely about their concerns or feelings. Without resources from the outside, residents at VCBR can have no contact with family and loved ones. Open and honest contact with support systems is an integral part of effective healing and treatment. Once again, money is being valued above human rights, as these companies are making a profit from the misfortune of others, and most likely the stakeholders of the facility are receiving benefits as well.

Medical healthcare is no different or more efficient than the prisons, which is unacceptable considering the VCBR is part of a healthcare organization. Residents wait months to be seen by doctors, especially dentists and specialists and chronic conditions are ignored. Men can be reported for refusing medication and again be placed on phase probation for insubordination. At times as reported in the stories from residents, incorrect medication has been dispensed which can have serious implications. Positive mental health is difficult to achieve without good physical health.

Many of the men in the VCBR take their treatment very seriously and put every effort to not only work to be released, but to better themselves so they can be productive upon release. However, some feel so defeated after a time because the rules are so punitive and difficult to follow precisely that they give up and stop attending groups and treatment programs. Unfortunately, these men and some others become so complacent and comfortable that they will attempt to frame or entice others from positive treatment goals. The men refusing to participate in treatment and making no gains toward release should be separated from those whose goal is to become positive, productive members of society.

Even upon release, the men are fitted with ankle monitors for an unknown period of time and monitored by probation and parole officers, even if they have no probation time left on their conviction. The Department of Behavioral Health and Development Services employs officers from the DOC to approve home plans and monitor their actions. Many men are sent to jail for minor violations and then sent back to VCBR and forced to start over in their treatment, even if their violations have nothing to do with violent or sexual offenses. Even if the men do well once released from VCBR, judges will often refuse to hear their cases to have the SVP label and ankle monitors removed. One 70-year old war hero confined to a wheelchair has been out for 7 years and is still wearing a monitor on his one good arm.

The costs of the SVP act and maintaining the facility are astronomical and coming from the pockets of Virginia's taxpayers. The general assembly continually passes costly and unnecessary bills and laws, possibly due to the fear of losing votes because of implied sympathy toward sexual offenders, or because they know little or nothing about the process. Unfortunately, some members may be reaping personal profits from the process or the facility.

The evaluators themselves are paid $8,500 for each evaluation plus up to $1,200 for each court appearance, sometimes including three or four appearances for each case. One such evaluator admitted on the stand that 90% of her business was SVP evaluations. She has very little time for any other mental health treatment for which she is certified. The attorney general's office purposes 6 attorneys solely for prosecution of SVP cases. One prosecutor in the courtroom admitted to a defense attorney that he had moved to the "dark side" for better pay and benefits.

Then, of course, we have the cost of operating the facility itself, over $40 million a year. This figure includes services and hundreds of employees. In addition, the building of another facility has begun on the property at a cost of $110 million. This building will need to be staffed and provide services as well. All in all, the cost of this act is well over $60 million per year and rising. (Appendix H-Budgets-available upon request)

The Commonwealth of Virginia should be embarrassed and ashamed that we have employed such Draconian and wasteful measures to keep men who have served their time from their families and homes without any increase in public safety. Thirty states do not employ the system of pre-crime detention. There is no noticeable difference in recidivism rates in those states, nor sex crimes in general, as most of these crimes are first time offenses by trusted friends and family members, not those on the registry.

We are in a mental health crisis in the Commonwealth. $60 million dollars annually could go to treat and educate our citizens appropriately, which ultimately may decrease crimes of this nature, since crime of any kind is often a result of untreated childhood trauma and/or ignorance.

Please join us in stepping forward to uphold the justice system upon which our nation was founded. Let us search deeply in our hearts to do what is right, not what we believe to be popular. Attacking human beings out of unnecessary fear or self-righteous anger is not courageous, but cowardly.

Please check out the web links of each Appendix for more information.

Virginia Justice for Life