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Virginia courts backlog impacts people in jail waiting for resolution

The backlog of cases in Virginia’s circuit court system worsened during the pandemic. Some people are jailed more than a year as they wait for their court date, according to records requested from several jails across the state.

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By Gabriela de Camargo Gonçalves

The backlog of cases in Virginia’s circuit court system worsened during the pandemic. Some people have been jailed for more than a year as they wait for their court date, according to records requested from several jails across the state.

Circuit courts handle most civil cases of more than $25,000, along with family matters. It also has authority to hear felonies, in addition to appealed cases from the general district courts and juvenile and domestic relations district courts.

Virginia’s speedy trial law states that people in jail on a felony charge must be tried within five months. If they are not in jail, they must be tried within nine months.

People can remain jailed for a number of reasons, including case continuances, multiple trials, and other circumstances, according to the Virginia Beach Sheriff’s Office.

A sentenced felon can sometimes wait up to five years in jail for a bed in prison, according to the sheriff’s office.

It can be difficult to determine the total jail population, or how long people wait in jail for a trial or sentencing. No central authority such as the Virginia Board of Local and Regional Jails holds access to those records, according to a response from the board. The board’s role is to “guarantee the health, safety, and welfare of staff and offenders under its jurisdiction.”

The Virginia Department of Corrections, or VADOC, referred a Capital News Service reporter’s request for statewide jail population to the Board. The Board replied that the information would have to be obtained through each individual jail in Virginia.

CNS contacted five jails based on region and population.

The waiting: The people serving time in jail the longest

A person has been jailed almost seven years in the Virginia Beach Correctional Center. They entered the jail on Aug. 24, 2016 and have a felony charge and several misdemeanors, according to a records request from the Virginia Beach Sheriff’s Office. They now await sentencing.

A person has been jailed for over five years in the Richmond City Jail, the Richmond Sheriff’s Office stated in response to a records request. Their stay began on Feb. 8, 2018.

A person entered the Fairfax County Adult Detention Center on Aug. 27, 2019, on a first degree murder charge. This person currently has about four and a half months until their next court date, according to a records request from the Fairfax jail.

An individual incarcerated almost three years in Henrico County awaits adjudication for pending charges, according to the Henrico County Sheriff’s Office. They entered the jail on July 30, 2020. Henrico County did not respond to requests for additional information by publication time.

An individual at the Roanoke City Jail was jailed in November 2021 and has a court date scheduled for September, according to the jail’s public information officer. The individual has returned to court 15 times to deal with five felony charges and has four more dates scheduled, according to the public information office.

The system: Some factors that contributed to court backlogs

“Most people ask for jury trials,” said Edward Jewett, Richmond Circuit Court clerk. “So we have a lot scheduled, and so some have to get bumped. It’s not a terrible backlog, but I would say that there is some backlog.”

There were no 2022 studies on whether more circuit court judgeships should be established, the judiciary stated in its annual report to the General Assembly. The recommendation was made to fill current vacancies. At the end of the year, there were six statewide circuit court vacancies, five general district court vacancies and two juvenile and domestic relations court vacancies, per the report.

A judge is more likely to find someone guilty than a jury, according to Richmond Chief Public Defender Tracy Paner.

Although inmates have a mandated right to a “speedy” trial, in Richmond, there aren’t necessarily dates available within those time frames, according to Paner. Often, the way to comply with the law is to have a substitute judge in place, Paner said.

The pandemic also stopped trials for a while, Paner said. Some jury trials have been postponed and some are already scheduled into next year, she said.

“There are clients who would plead guilty to that charge that they otherwise would not, when they’re looking at no jail time or jail time they’ve already served,” Paner said. “Just as a mechanism to get out of the jail.”

A person waiting in jail faces the unknown and hopes for the best, but prepares for the worst, according to Paner.

The public defenders under Paner’s charge average a daily estimate of 100 cases per lawyer, she said. The types of cases vary, and there’s no determination as to how many are being actively worked on and how many are in a waiting period, according to Paner.

The National Advisory Commission on Criminal Justice Standards and Goals states the caseload of a public defender should not exceed 150 felonies per year or more than 400 misdemeanors per year, excluding traffic cases.

The culture: Many say jail is worse than prison

People experience more anxiety in jail than in prison, according to Donyel Burrell. Burrell served almost two decades in prison on felony charges from the mid-’90s, and then returned to jail for several violations.

A person in jail has more anxiety because they are not very involved in the legal process, and do not know what might happen to them. There is less anxiety in prison, once there is a resolution. There also are more opportunities in prison, such as programs and opportunities to make money, according to Burrell.

“It’s just a lot of anxiety, a lot of wondering what’s going on and what’s going to happen,” Burrell said.

Burrell now works with REAL LIFE, an organization that helps individuals affected by incarceration, homelessness or substance use disorder, according to its website.

Burrell has a front row view of the impact from the court’s backlog, he said. He sees people from REAL LIFE whose cases keep getting “postponed, and postponed again,” Burrell said.

“I see guys with petty larceny stuck there for four or five months waiting on their court dates,” Burrell said.

REAL LIFE founder Sarah Scarbrough was the Richmond jail program director from 2013 to 2017. She oversaw behavior, health and preparatory programs, which ranged from addressing the continuous cycle of incarceration, to yoga, job preparation and more, according to Scarbrough.

The organization provides recovery housing options to people who have experienced overdoses, and who may be grateful for the incarceration or else they would be dead, Scarbrough said.

“It’s sad that there isn’t a process in place where they can be stopped and sat down in a place that isn’t the penal system,” Scarbrough said.

Scarbrough polled REAL LIFE program members for this story, and asked what was a more “comfortable” environment: jail or prison. With 34 votes, 95% voted for prison being more comfortable.

The system is designed to lock people up, Scarbrough said. The system is not designed for reform, she said.

“That is an issue,” Scarbrough said. “We’re saying correction, but we’re not truly providing opportunities, or these opportunities are only talking points for somebody to be reelected.”

Capital News Service is a program of Virginia Commonwealth University’s Robertson School of Media and Culture. Students in the program provide state government coverage for a variety of media outlets in Virginia.

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The Capital News Service is a flagship program of VCU’s Richard T. Robertson School of Media and Culture. In the program, journalism students cover news in Richmond and across Virginia and distribute their stories, photos, and other content to more than 100 newspapers, television and radio stations, and news websites.

Community

Tiki Club RVA Sets Sail on Saturday

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Sea Suite Cruises RVA is thrilled to announce the launch of its latest cruise experience, Tiki Club RVA (seasuitecruises.com/tiki-club/richmond-va), officially debuting on the James River at Rocketts Landing for the summer and fall season on Saturday, June 3, 2023 — which also happens to be the start of National Fishing and Boating Week across the country. Following the success of the first season of Paddle Club RVA (seasuitecruises.com/paddle-club/richmond-va) in 2022, the team behind Sea Suite Cruises RVA is excited to bring this fun and unique recreational boating experience to residents and visitors of Richmond.

Tiki Club RVA offers a one-of-a-kind “tropical vibes” excursion on the scenic and historic James River. Step aboard the custom-built, 40-foot tiki boat, complete with bamboo trimmings, a thatched roof, and a tiki bar that you can stock with your favorite BYOB drinks and snacks. Available for private charters and public tours, Tiki Club RVA is built for 30 passengers, and accommodates both single-passenger or small group tickets as well as private parties. Similar to Paddle Club RVA, Tiki Club RVA cruises are an hour and 45 minutes in duration.

With music, drinks, and water views of nature and the city skyline, Tiki Club RVA is a memorable way to sight-see along one of Richmond’s biggest attractions – the James River – with friends or family. “With the addition of Tiki Club RVA, along with Paddle Club RVA, we can’t wait to give Richmonders even more fun and relaxing ways to soak up the sun and experience the water,” said Mike Scearce, General Manager of Sea Suite Cruises RVA.

Whether you’re looking for a day out with friends, a unique date idea, a festive way to celebrate a birthday party, an outing idea for a bachelor or bachelorette party or corporate gathering, or just want to get out on the James River, Tiki Club RVA and Paddle Club RVA are where it’s going to be in 2023.

ABOUT SEA SUITE CRUISES: Sea Suite Cruises co-founders Jack Maher and Jack Walten (“The Jacks,” as they are known) were born and raised in Arlington, Va. and have been best friends since they were two years old. The business-side of their journey began in 2018 when the then 24-year-old Jack and Jack launched Potomac Paddle Club, the first pontoon “cycleboat” in Washington, D.C. After adding more boats in Washington, D.C., they built on their success further in 2022 by partnering with local Richmond-based investors to launch Paddle Club RVA and form the parent company, Sea Suite Cruises. Sea Suite Cruises’ mission is to connect exciting people in exciting places around a suite of water-based offerings. After a successful first year in Richmond, the company has now expanded to further locations in the Mid-Atlantic such as The Wharf, Navy Yard, and Alexandria, Va. in the D.C. area, Baltimore’s Inner Harbor, and Annapolis.

For more information, visit our website at seasuitecruises.com/tiki-club/richmond-va or instagram.com/seasuitecruisesrva.

TIKI CLUB RVA DETAILS

CRUISE DETAILS:
Group Size: Up to 30 people (available for both single ticket purchases or to rent the entire boat for a private party)
Duration: 1 hour and 45 minutes

PRICING*:
Monday-Wednesday: $40/Person
Thursday: $45/Person
Friday-Saturday: $55/Person
Sunday: $50/person
*Pricing may change for holiday weekends and special events

PICKUP + DROPOFF LOCATION:
4708 Old Main St, Richmond, VA. 23231 | On the dock at Rocketts Landing beneath The Boathouse restaurant and Island Shrimp Co.

MISC:
— Bathroom: The vessel comes equipped with a private bathroom on board
— Boat is equipped with Bluetooth-speakers, party lighting for night cruises, and built-in coolers + ice
— Tiki Boat RVA tours are BYOB (hard liquor not allowed, only beer, wine, seltzer, or canned cocktails)
— All cruises are staffed by a licensed master captain and deckhand

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Business

WATCH: Richmond Region Tourism’s new marketing campaign proves Richmond “speaks for itself”

The campaign will run June 1, 2023, through June 2024, and is expected to reach more than 80 million potential travelers through connected TV in selected markets in the East Coast and southern United States, as well as on social media, digital display ads and out-of-home digital billboards in select markets.

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Richmond Region Tourism has launched a new, multi-channel $2 million marketing campaign to inspire travel to the destination. “Speaks for Itself” is a first-of-its-kind campaign for the Richmond Region, targeting potential travelers in East Coast and southern U.S. markets through an unconventional, sound-focused video approach centered around the genuine and authentic character of the region. It also marks a historic opportunity for Richmond Region Tourism to invest more than double its normal budget for tourism marketing.

A 60-second video preview was unveiled to the local hospitality community at Richmond Region Tourism’s 2023 Tourism Awards and Annual Meeting on May 11. The campaign video takes inspiration from popular ASMR content on social media to communicate what it’s like for visitors to experience the Richmond Region – a destination marked by an understated authenticity that even locals find hard to define.

“The Richmond Region speaks to every visitor in different ways,” said Jack Berry, President & CEO of Richmond Region Tourism. “Trying to find a pithy slogan to sum up the region simply wouldn’t do it justice, which is why we’re so excited by this campaign—it provides a platform for local voices and experiences to shine and encourages visitors to take in the many diverse sides of the region.”

The campaign also reflects an effort of community collaboration across the Richmond region. Six jurisdictions including the City of Richmond, Chesterfield County, Hanover County, Henrico County, Colonial Heights and the Town of Ashland contributed funds received from the American Rescue Plan Act (ARPA) via Virginia Tourism Corporation, which must be used specifically for tourism recovery efforts.

“It’s the little moments that make a visit to a destination special, and this campaign embraces and celebrates those experiences in a uniquely Richmond way,” said Richmond Region Tourism Board Chair Dan Schmitt. “They could happen at a buzzy restaurant downtown or in a peaceful park in Henrico. This campaign is remarkable in how it can be embraced and adapted across the region’s many jurisdictions.”

Richmond Region Tourism partnered with ChamberRVA and the Greater Richmond Partnership to review a competitive set of proposals from more than a dozen marketing agencies and selected Richmond-based agency Padilla to create and deliver the campaign.

To ensure that the campaign authentically reflected the Richmond Region, Padilla interviewed more than 60 local leaders and community members during campaign concepting including the BLKRVA and OutRVA committees, business owners, government officials, museum staff, college administrators and more. Keeping with the “Speaks for Itself” theme, local influencers also are being tapped to create unique ASMR-style videos that will be promoted in the campaign’s target markets.

The campaign will run June 1, 2023, through June 2024, and is expected to reach more than 80 million potential travelers through connected TV in selected markets in the East Coast and southern United States, as well as on social media, digital display ads and out-of-home digital billboards in select markets.

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We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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Downtown

New federal tailpipe rules would put stricter limits on Virginia’s heavy truck emissions

As Virginia continues down the road of speeding up the transition from gas-powered passenger vehicles to electric ones, new rules proposed by the federal government could also accelerate electrification of the state’s heavy trucks.

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By Charlie Paullin

As Virginia continues down the road of speeding up the transition from gas-powered passenger vehicles to electric ones, new rules proposed by the federal government could also accelerate electrification of the state’s heavy trucks.

This April, the Environmental Protection Agency proposed stricter tailpipe emissions limits for passenger vehicles as well as for heavy trucks. The new limits for passenger vehicles will have little impact in Virginia: As a result of 2021 legislation, the state follows stricter standards for light vehicles set by California, which will mandate that 100% of sales of new passenger cars be electric beginning in 2035.

But because the 2021 legislation only applies to vehicles weighing 14,000 pounds or less, Virginia must follow the federal emissions standards for heavy trucks, which if finalized will apply to trucks beginning with model year 2027.

While the EPA would allow manufacturers to choose their own method of meeting the stricter emissions standards, the agency projects up to 50% of vocational vehicles — heavy trucks used for particular industries or occupations — in model year 2032 could use electric batteries and fuel cell technologies.

“By proposing the most ambitious pollution standards ever for cars and trucks, we are delivering on the Biden-Harris Administration’s promise to protect people and the planet, securing critical reductions in dangerous air and climate pollution and ensuring significant economic benefits like lower fuel and maintenance costs for families,” said EPA Administrator Michael S. Regan in a statement.

But Virginia Trucking Association President and CEO Dale Bennett said his group has some concerns about the faster pace the new rules would set for the transition to electric vehicles.

The trucking association expects that under the new rules, fleets will become 100% electric by 2055, given the roughly 30-year lifespan of a heavy truck.

With the trucking association counting about 45,870 heavy truck and tractor-trailer drivers in Virginia in 2021, Bennett said more rapid electrification of the fleet will require significant buildout of the electric grid.

He also voiced concerns about charge times, which can take about two hours to power a truck to travel about 200 miles, compared to about 15 minutes to fill up a truck with diesel to cover 1,200 miles; battery weight; and cost. While a new diesel truck can cost about $180,000, typical electric trucks go for $400,000, he said.

“We need to go at the speed of right, not at the speed of light,” said Bennett.

Trip Pollard, a senior attorney with the Southern Environmental Law Center, however, said the stricter standards will improve Virginia’s air quality. He pointed to recent research from the Union of Concerned Scientists estimating exposures to particulate matter from tailpipe emissions, which has been estimated to be responsible for about 95% of the global public health impacts from air pollution.

“EPA’s proposed federal heavy duty vehicle emissions standard will help to clean Virginia’s air — improving our health and our environment,” Pollard said by email.

California has more stringent regulations for heavy trucks, but Virginia hasn’t adopted those, Pollard noted. And while he acknowledged truckers will see an increase in upfront costs for vehicles, he said they can be recouped in three to seven years through savings on gas and maintenance.

If finalized, the rules will be implemented by heavy-truck manufacturers, including Volvo’s New River Valley plant in Dublin, Virginia, and its Mack Trucks facility just outside Roanoke.

Dawn Fenton, vice president of government relations and public affairs at Volvo Group North America, said the company supports the transition to zero-emission vehicles and has committed to 100% of its products being fossil free by 2040. Because the Dublin plant makes both electric and diesel heavy truck engines, the facility will be able to continue producing vehicles while adjusting to a faster transition, Fenton said.

“We see that we’re moving toward a zero-emission vehicle future,” Fenton said. “Our biggest concern is by far the question about the availability of charging infrastructure to be able to enable fleets to be able to adopt them.”

Fenton said “a lot” of Volvo’s current electric truck sales are happening in California, which has stricter heavy-truck emissions regulations and has also created incentives for charging infrastructure buildout and electric vehicle purchases.

In Virginia, House Republicans this past session for the second time killed legislation from Del. Rip Sullivan, D-Arlington, to create a fund that would provide money for rural infrastructure development. The General Assembly has also repeatedly blocked proposals for state rebates for electric vehicle purchases in Virginia, although incentives are available from the federal level through the Inflation Reduction Act.

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We need your help. RVAHub is a small, independent publication, and we depend on our readers to help us provide a vital community service. If you enjoy our content, would you consider a donation as small as $5? We would be immensely grateful! Interested in advertising your business, organization, or event? Get the details here.

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