Besides an overhead light, Sidney Bowman says he hasn’t had electricity in his cell at Virginia’s Red Onion State Prison for roughly three months.
Last month, Bowman told a federal court that prison employees cut the electricity to his cell after he refused to sign what staff call a “Safety Agreement for Inmates.” The document offers incentives to prisoners—such as movies, group recreation, free commissary bags, and a fish fry—provided they don’t harm themselves. However, if they repeatedly hurt themselves, they may lose “access to television, recreation time, or other amenities.” The Appeal obtained a copy of the agreement through a public records request.
Bowman’s statement is part of an ongoing class action lawsuit filed by the American Civil Liberties Union of Virginia that alleges that the state’s Step-Down program—which purports to help prisoners earn their way to a general population assignment—traps people in solitary confinement for months or years on end.
The legal team has asked the federal court to restore plaintiffs’ electricity and to prohibit staff from retaliating against people who refuse to sign the agreement or participate in the lawsuit. The Virginia Department of Corrections declined to answer The Appeal’s questions.
Last year, at least six people at Red Onion self-immolated in what incarcerated journalist Kevin ‘Rashid’ Johnson called “desperate attempts” to escape the prison’s inhumane conditions. But rather than offer them help, emails obtained by The Appeal show prison officials discussed how best to punish them. Then, in January, prison staff began distributing the Safety Agreement to people in Red Onion’s Step-Down program.
If someone refused to sign, staff cut the electricity to their cell’s outlet. The ACLU says this prevented prisoners from charging their tablets, watching television, or listening to the radio. Bowman told the court that he accesses religious programming through his television and tablet because he cannot leave his cell for services. He says his tablet is his primary tool to communicate with his family.
Red Onion’s assistant warden confirmed in a court statement that there have been nine self-burnings—eight last year and one in January. The assistant warden said no one had burned themselves with a power outlet since the prison distributed the agreement on Jan. 20.
“Security leadership and mental health leadership collaborated on potential solutions, and we ultimately decided that if an inmate agreed not to use the cell’s power outlet to bum himself, the power outlet in that inmate’s cell could remain active,” he said in his statement. “Inmates who refused to agree not to bum themselves would be placed in a cell where the power outlet had been deactivated.”
The warden said prisoners can use kiosks during recreation to charge their tablets and message family members. He said the prison has also set up TVs outside the cells to view religious services.
In addition to threatening to punish people for acts of self-harm, the agreement also requires signers to affirm that they have “access to mental health and other local resources.” The plaintiffs say compelling them to agree with or espouse statements they believe are untrue or objectionable violates their First Amendment rights.
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