A Bill to Help Prisoners Regulate Temperatures Has Been Advancing Through Virginia’s Legislature

Mike Berryman vividly recalls freezing nights in his prison cell, where the cold was so intense he could sometimes see his breath. On humid nights, he said, ice would form on the walls. By summer, the opposite was true — his cell became stifling, leaving him drenched in sweat.

“I’ve never been so close to madness in my life, because there’s nothing you could do to shake the heat,” Berryman said in an interview.

Del. Holly Seiblold, D-Fairfax, speaks at a rally outside Virginia’s Capitol on Jan. 8, 2025 in protest of allegations of mistreatment of inmates and prolonged use of solitary confinement at Red Onion and Wallens Ridge state prisons. (Photo by Charlotte Rene Woods/Virginia Mercury)

Michelle Griffin, who advocates for incarcerated individuals, highlighted how dangerous these extreme conditions can become for people with health issues or severe mental illness. Prolonged discomfort, she said, also increases the risk of infractions for people who lash out or talk back under a strain — potentially jeopardizing their ability to stay on track for release.

Avoiding infractions was crucial for Berryman, who was released last summer through Virginia’s Earned Sentence Credit program. The initiative allows incarcerated people to reduce their time behind bars by maintaining good behavior and participating in educational programs. Now Berryman has traveled to Virginia’s Capitol to advocate for reforms that could improve conditions for those still incarcerated.

“We’re legislating basic human needs here,” said Del. Holly Seibold, D-Fairfax, exhaling deeply as she waved a stack of letters from incarcerated people at her desk in Virginia’s General Assembly Building.

The stories Seibold hears from constituents and prison visits she made last summer continue to fuel her drive for reform. One area where she believes progress is possible this year is prison temperature regulation.

Her House Bill 1894 stems from the observations she made during her prison visit last year, where she noted that thermometers were often placed in open common areas, not in individual cells where inmates spend most of their time. Both Seibold and Berryman have pointed out the irony that state law protects pets from extreme temperatures, yet similar protections don’t exist for those under the state’s care.

Seibold’s legislation would require prisons to provide residents with individual fans or insulating materials when temperatures fall above 80 degrees or below 65 degrees in people’s cells. A fiscal impact statement notes that the Department of Corrections would also be tasked with studying the implementation cost for remote monitoring systems and reporting back to the legislature by October.

Carla Miles, a spokesperson for the Virginia Department of Corrections declined to comment on the pending legislation but confirmed that the department has requested $76 million in funding to install air conditioning in facilities that currently lack it. The project, she said, would require upgrades to electrical systems, fire alarms, windows, and potentially roofs.

While acknowledging the significant cost, Seibold hopes the state can start by providing simpler measures like insulated blankets, additional clothing, and fans. She shared correspondence with a supplier and VADOC officials showing that individual fans range in price from $19 to $33.

The bill faced some pushback from Del. Tony Wilt, R-Harrisonburg. He recently raised concerns about potential misuse. Wilt referenced incidents at Red Onion State Prison where inmates reportedly tampered with electrical outlets to harm themselves, following allegations of poor conditions at the facility.

Meanwhile Seibold countered that the department  already allows incarcerated individuals to purchase fans from commissaries, and her bill would ensure those unable to afford one — or facing inventory shortages — are not left without basic tools to stay comfortable.

Berryman recalled how a quick cold shower offered temporary relief from sweltering heat in his prison cell, but even that wasn’t always an option. During frequent lockdowns, inmates were confined to their cells for hours or even weeks at a time, making it impossible to access showers.

Lockdowns, Berryman explained, occur for various reasons, including staff shortages when correctional officers call in sick or are reassigned for prisoner transport (a study also highlighted how facilities in Virginia are presently understaffed). Lockdowns can also follow fights or other security incidents, leaving all inmates confined, regardless of involvement.

The bill, now advancing through the legislature, is set for review by a House Finance subcommittee. If approved, it would need to clear the full House before heading to the Senate and, potentially, Gov. Glenn Youngkin’s desk.

by Charlotte Rene Woods, Virginia Mercury

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