CHESTERFIELD COUNTY, Va. — As some state lawmakers seek action to address troubling allegations regarding conditions at Virginia's only youth prison, the state's juvenile justice director is raising questions about how one legislator obtained information about the facility through youth formerly incarcerated there.
Earlier this month, the Commission on Youth, a body comprised of lawmakers and members appointed by the governor, voted unanimously to send a letter to Governor Glenn Youngkin to formally request an independent investigation into what it called "systemic safety and maltreatment issues" at Bon Air Juvenile Correctional Center.
The call for action came on the heels of CBS 6's reporting over the months detailing critically low staffing levels, conditions of confinement for the youth, security and safety issues, and increasing emergency responses to the prison due to repeated reports of residents lighting fires in their units. The commission's letter called the reported issues "harmful" to the youth's rehabilitative journey.
Among the concerned lawmakers was Republican Delegate Carrie Coyner, who represents Chesterfield County where the facility is located. During the commission's April meeting on this topic, she had strong words for Director of the Department of Juvenile Justice Amy Floriano, who had given a presentation to the commission about her department and the facility.
"If you're going to argue that kids are not kept in their rooms, that things aren't happening because they're bored and they aren't going to school regularly, then I think someone should sit and look at all the video, because what we keep hearing is you saying that's not occurring, and yet something has dramatically changed that has resulted in significant, significant life and safety issues at Bon Air," Coyner said during the meeting.
Coyner noted that she recently met with two former Bon Air residents who had been transferred to the Chesterfield County Jail on charges in connection to an incident that happened at the juvenile correctional facility in January.
According to a criminal complaint filed in court, the defendants were accused of assaulting a security officer, putting him in a chokehold, and lifting him up to be "taken down" to the ground. The officer hit his head against a wall and sustained a concussion, per the complaint.
Court records show that at least one of the residents was charged with assaulting a law enforcement officer and malicious wounding by mob.
"When young men have been in our Chesterfield County adult jail, one of them in particular for when I spoke with him for over two months, and I'm able to talk with our sheriff about what a model young man he's been and the therapist he's been seeing... and then you talk to him about why he made the decision he made that got him put into an adult jail out of Bon Air, because when you have an incident, that's where you end up, at Riverside or the Chesterfield County Jail, the reality is things are not going well at Bon Air," Coyner said.
While the purpose of Coyner's conversation with the young men was to learn more about the conditions at Bon Air, Floriano is now raising concerns about how it happened and what was said.
In a letter she sent to the Chesterfield Commonwealth's Attorney and Chief Public Defender and filed in the court records system, Floriano said her department "immediately began an investigation" after learning about the conversation. However, Floriano said her team was unable to locate any visitation records documenting Delegate Coyner's visit to the jail and that it was "unknown" whether her visit was "sanctioned" by the defendant's counsel or parent.
Floriano said Chesterfield authorities confirmed that since this was a visit from officials, it would not be documented.
"As such, it became a concern that perhaps this conversation occurred under the cloak of darkness," Floriano wrote.
She said she was advised by her counsel to notify the inmate's defense and prosecution that the conversation took place, possibly without their knowledge, and that the defendant might have "made admissions related to his actions and motivations in the context of his pending criminal charges." Floriano added that those admissions could contain "potentially exculpatory or inculpatory information" which could impact the fairness of legal proceedings if counsel was not informed.
When asked about the letter, both Delegate Coyner and Sheriff Leonard dismissed Floriano's concerns and said any suggestion that the inmates gave up information related to the ongoing criminal case is inaccurate.
Leonard, who runs the county jail and said he accommodated Coyner's request to speak with the inmates, said he was "disappointed" Floriano did not talk to him directly about the questions she posed in her letter. Additionally, he said he was "offended by her assertion that this was done under 'cloak and darkness.'"
The sheriff said he was present for Coyner's entire meeting with the inmates to ensure no questions were asked about the criminal charges in an effort to protect the case. He said both inmates were aware of that and no parental permission was needed because they are adults.
Coyner said she did not discuss "the charges or proceedings against either inmate, and the accusations Amy Floriano made are wrong."
She said she was troubled by what she learned from the inmates regarding the conditions at the facility, including that low staffing limited their ability to participate in "school, treatment, recreation, or other rehabilitative programming" and increased the amount of time they spent in isolation in their cells.
As a result of her conversation with the youth, Coyner sent a letter to Floriano in late March demanding answers about staffing levels, supervision coverage, length of stay guidelines, and data on serious incidents at the facility. However, during the April meeting, Coyner said Floriano did not answer most of her questions.
"I brought my findings to the Commission on Youth because we must take meaningful action to improve conditions for incarcerated youth," Coyner said in a statement to CBS 6.
It's not yet clear how Governor Youngkin plans to respond to the commission's request for an investigation.
In a statement to CBS 6, a spokesperson for his office said, “The administration has received and is reviewing the Commission’s letter. The Governor has deep appreciation for Director Floriano’s leadership at the Department of Juvenile Justice.”
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
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