Jail board votes 8–1 to restore routine access for Commonwealth’s Attorney to non‑privileged inmate records

The Prince William–Manassas Regional Jail Board voted 8–1 to restore routine access for the Commonwealth’s Attorney’s Office to non‑privileged inmate records and recordings, reversing a policy change implemented in August 2021.

The motion, introduced by board member Miss Ashford, sought to ‘‘go back to that policy, essentially reversing this August 2021 policy,’’ and to grant ‘‘law enforcement as defined by 15.2‑1627 of the Code of Virginia, which includes the Commonwealth’s Attorney and her assistant,’’ prompt access to the described records ‘‘forthwith and without delay.’’ The motion was seconded and carried on a roll call that recorded eight votes in favor and one opposed; Miss Lennox cast the lone no vote.

Supporters said the change restored an established practice used by prosecutors to obtain records quickly in active criminal matters. Counsel for the jail explained the August 2021 change was a policy decision meant to reduce the detention center’s role in records‑disclosure disputes and to ensure parity in who sees what information.

Opponents and some board members pressed for more deliberation. Tracy Lemons, who identified herself during the hearing, asked the board to defer action until attorneys for the board, the jail and the public‑defender’s office could meet, saying the issue raised equity and potential litigation concerns. ‘‘The concern that I have is, as an equitable … about access to records, and also whether the ADC is under the code section that Ms. Ashworth is referring to,’’ Lemons said. Other members said they wanted the defense bar to have better access to their own clients’ records and suggested a separate motion addressing defense access.

Before the vote, board counsel noted that many neighboring jurisdictions provide open access to their Commonwealth’s offices and that a number of localities surveyed (Stafford, Fauquier, Loudoun, Fairfax and others) grant the Commonwealth’s attorney direct or open access to recorded calls and video visitation.

After the vote the board directed counsel to confer with the relevant parties — including the jail board attorney and the Commonwealth’s attorney — draft a formal policy reflecting the board’s action, and return the policy for review at the next meeting. Board members said that while the change is effective now, they would also pursue a separate motion or discussion about providing the defense bar access on an equitable basis.

The motion text referenced Virginia Code §15.2‑1627 when defining which offices qualify for the access authorized by the board. The board recorded that the policy is in effect and asked counsel to draft formal language and meet with stakeholders to address outstanding equity questions.