COMMON was LTH of mammal Board of Corrections (804) 887-7850 P.O. BOX 26963 (804) 674-3587 (FAX) RICHMOND, VIRGINIA 23261 Vernie W. Francis. Jr., Chairman William T. Dean Bobby N. Vassar. Vice Chairman Olivia Garland. John F. Anderson. Jr.. Secretary - Charles Jett Heather Masters. MD. SFHM, FACP Karen E. Nicely Rev. Kevin L. Sykes 1/29/2019 Superintendent David Hackworth Hampton Roads Regional Jail 2690 Elmhurst Lane Portsmouth, VA 23701 RE: Non-compliance with Board?s Request for Materials Superintendent Hackworth: As you know, 10 mandates that you provide the Board a ?full report submitted at the end of [an inmate death] investigation.? Your facility has not done so in several outstanding inmate death investigators. Over the course of several months the Board Investigator, made repeated requests to your facility for ?nal complete investigative reports relating to several inmate death investigations. It is my understanding that rather than comply, you indicated that you have never provided these records in the past, are not obligated to produce them, and doing so would open you to potential civil liability. You further indicated that the Board should not need these materials and should conduct an independent investigation without the aid of your materials. Board Counsel also made attempts to encourage compliance with the same result. At one point you indicated that your noncompliance was because the Board Investigator asked for the wrong document and that the Board would have no further issues. You also wanted this Board to know that the confusion was due to the investigator. Later your attorney indicated that this was in fact a policy change, argued that there was no mandate for turning over records, and invited the Board to conduct an independent investigation without any materials from your facility. Your attorney was then given a copy of 6VAC1 540?1 10. Hearing no response, - he was notified that your facility must provide the requested materials before the December 18, 2019 Board Meeting. In response, your facility turned over a large volume of records and an investigative summary which contain Only your investigative conclusions. It was devoid of any witness statements or underlying supporting materials. This response is wholly inadequate and is not in compliance with the requirements in 110. Further, it is a blatant attempt to frustrate the Boards investigations and tests its will to conduct thorough investigations. This Committee will not tolerate attempts to undermine the Board?s authority. As such, you are required to provide the requested materials, complete and without redaction, by March 1, 2020 at 5pm. If you fail to do so, the Board has granted the authority to issue a subpoena for you and the chairman of your board to appear before the Board on March 29, 2020 at 11:00 am. Both of you should be prepared to testify about the contents of the Internal Affairs Reports. The Board will not commit to exercising its discretion to conduct that investigation in a closed session. Please know that neither the Board nor this Committee will tolerate attempts to evade the Board?s authority or frustrate its investigations. The Board will not hesitate to take further action to assure compliance including the decerti?cation of your facility and filing a complaint to withhold your salary pursuant to Virginia Code 53.1?125. William"? Dmfhairman Jail Review Committee Virginia Board of Corrections