How to File a FOIA Request in Virginia: Exposing Forced Labor and the Prison Industrial Complex
- Abolish Slavery VA
- May 24
- 10 min read
The prison industrial complex thrives in darkness. When corporations profit from incarceration and people are forced to work for pennies—or nothing at all—transparency becomes a radical act. Virginia’s Freedom of Information Act (FOIA) gives you the legal right to demand records from government agencies, and it’s one of our most powerful tools for exposing exploitation, documenting abuse, and building the case for abolition.
What Is FOIA?
The Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.) ensures public access to government records and meetings. It is built on the principle that government works for the people, and that any exemption allowing records to be withheld must be interpreted narrowly, while access must be interpreted liberally.
FOIA applies to all Virginia state agencies, local governments, and public bodies—including the Virginia Department of Corrections (VADOC), local and regional jails, and any agency involved in operating or profiting from the carceral system.
Persons incarcerated in state, federal, or local correctional facilities have NO rights under Virginia FOIA (§ 2.2-3703(C)). VADOC has separate internal policies governing what incarcerated people may access. This means that outside advocates, researchers, journalists, and organizers are the ones who must file FOIA requests on behalf of people inside. This makes your role as an organizer essential.
What Records Can You Request About Prison Labor?
Labor and Compensation Records:
Work assignments and labor programs
Wage rates paid to incarcerated workers (or documentation of unpaid labor)
Deductions taken from wages
Production output and revenue from prison labor programs
Work-related injury reports
Financial and Contract Records:
Contracts with private companies using prison labor
Virginia Correctional Enterprises (VCE) financial records
Revenue generated from inmate labor
Vendor contracts for commissary, phone, and video visitation services
Budget allocations and expenditures
Conditions and Enforcement:
Disciplinary reports related to work refusals
Policies on mandatory work assignments
Segregation/solitary records connected to work refusals
Grievances filed about labor conditions
Safety violations and inspection reports
Statistical and Population Data:
Demographics of incarcerated workers by race, gender, and offense type
Racial disparities in work assignments
Statistical and management reports
HOW TO FILE A FOIA REQUEST: STEP BY STEP
Step 1: Identify the Right Office to Contact (Where to send your request)
VADOC routes requests depending on what you’re seeking:
For Inmate Information:
To request records from the Virginia Department of Corrections, direct your request to the Manager of the Unit, the Warden or Superintendent of the facility, or the Chief of the Probation and Parole District that maintains the records you are requesting.
*Contact information for regional offices, correctional facilities, probation and parole offices and community corrections facilities can be found through the links for each facility and office in the Facilities & Offices directory.
For Policy and Procedure Information:
The VADOC's procedures can be found on our Operating Procedures page. Please contact FOIA@vadoc.virginia.gov.
For General VADOC Records:
For other types of VADOC records, you can find information on the VADOC website on the Contact Us form. Contact information for all Central Office Units and Headquarters is:
Virginia Department of Corrections
P.O. Box 26963
Richmond, VA 23261
Phone: (804) 674-3000
For Virginia Parole Board Records:
The Virginia Parole Board (VPB)is a separate state agency from the Virginia Department of Corrections. Visit the VPB website to submit a FOIA request.
For Legal Inquiries and General FOIA Questions
If you have questions about making records requests, or if you need guidance on where to send your request, contact the central FOIA contact for VADOC:
Anne-Cabrié Forsythe, FOIA Officer
Administrative Compliance Unit
P.O. Box 26963 Richmond, VA 23261
Phone: (804) 963-2953
Email: FOIA@vadoc.virginia.gov
For the FOIA Advisory Council (questions/appeals):
foiacouncil@dls.virginia.gov | (804) 2253056 | Toll-free: 1-866-448-4100
Step 2: Know the Rules
You must provide your name and legal address. VADOC requires this with every request. They cannot ask why you want the records—your reason is legally irrelevant—but they can and do require identification.
Your request must identify records with “reasonable specificity.” You don’t have to cite FOIA by name, and the request doesn’t technically have to be in writing—but written requests create a paper trail and are strongly recommended.
They cannot create new records. FOIA only covers existing documents. You’re asking for what they have, not commissioning new analysis.
You can request electronic formats. If records exist in a database or spreadsheet, you can ask for them electronically in the format VADOC uses.
Step 3: Be Specific About What You Want
Vague requests are easy to delay or deny. Include language to make the process smoother. Strong requests include specific date ranges, facility names when relevant, and types of documents.
Compare:
❌ “All records about prison labor”
✅ “All contracts between VADOC and private companies utilizing incarcerated labor from January 1, 2020 to present, including compensation rates paid to VADOC and wage rates paid to incarcerated workers”
✅ “Monthly revenue reports from Virginia Correctional Enterprises for fiscal years 2022– 2024”
✅ “All disciplinary reports from [Facility Name] between January 1, 2024 and December 31, 2024 related to work refusals, including any sanctions imposed”
You can also request a government agency produce information in a particular format that will make processing the data easier, if the information is already available in that format.
[Examples:
Please provide the requested information by email in machine-readable format.
We request this data be provided via email in a Microsoft Excel or .csv document.]
Step 4: When in Doubt, Start with a Template
Template 1: Prison Labor and Wages
Subject: Virginia Freedom of Information Act Request – Prison Labor Records
[Date]
Anne-Cabrié Forsythe, FOIA Officer Administrative Compliance Unit
Virginia Department of Corrections
P.O. Box 26963 Richmond, VA 23261
Dear Ms. Forsythe,
Pursuant to the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.), I am requesting access to the following public records from January 1, 2024 to present:
1. Records documenting work assignments for incarcerated individuals, including types of labor performed and number of individuals assigned to each category
2. Wage rates paid to incarcerated workers, broken down by assignment type
3. All deductions taken from inmate wages, including amounts and purposes
4. Total revenue generated from inmate labor programs
Please provide records in electronic format if available. If any portion of this request is denied, please identify the volume and subject matter of withheld records and cite the specific section(s) of the Code of Virginia authorizing withholding.
If fees are estimated to exceed $200, please notify me before proceeding with the request.
I can be reached at [your email] or [your phone number].
Name: [Your Name]
Address: [Your Legal Address]
Sincerely, [Your Name]
Template 2: Contracts with Private Companies
Subject: FOIA Request – Private Contracts Utilizing Incarcerated Labor
[Date]
Anne-Cabrié Forsythe, FOIA Officer FOIA@vadoc.virginia.gov
Dear Ms. Forsythe,
Pursuant to the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.), I am requesting copies of all active and expired contracts between the Virginia Department of Corrections and private companies or contractors that utilize incarcerated labor from January 1, 2024 to present, including:
Contract terms and duration
Compensation paid to the agency or facility
Wage rates paid to incarcerated workers
Products or services produced
Safety requirements and worker protections
Company names and contact information
Please provide records electronically if available. If any records are withheld, please cite the specific FOIA exemption(s) authorizing withholding and identify the volume and subject matter of the withheld materials.
If fees are estimated to exceed $200, please notify me before proceeding.
Name: [Your Name]
Address: [Your Legal Address]
Sincerely, [Your Name]
Template 3: Disciplinary Records for Work Refusal
Subject: FOIA Request – Disciplinary Actions for Work Refusals
[Date]
[Warden/Superintendent Name]
[Facility Name and Address]
Dear [Title and Name],
Pursuant to the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.), I am requesting all disciplinary and incident reports from [Facility Name] between [start date] and [end date] involving:
Refusal to work or report to a work assignment
Work stoppages
Disciplinary sanctions imposed for work-related violations, including placement in segregation or solitary confinement
If nessesary/appropriate, please redact individual names to protect privacy while providing the underlying records showing the nature of violations, sanctions imposed, and frequency of such actions.
If any records are withheld, please cite the specific exemption(s) and identify the volume and subject matter withheld.
If fees are estimated to exceed $200, please notify me before proceeding.
Name: [Your Name]
Address: [Your Legal Address]
Sincerely, [Your Name]
Step 5: Understand the Timeline
VADOC is required to reply within 5 working business days of receipt of the request.
In cases where officials declare a request is considered to be "practically impossible" to respond to within the five-day period, they must state this in writing, explaining the conditions that make it so. This allows seven additional working days to respond to your request, so a total of 12.
Extended =12 working days: Maximum if they declare a 5-day response “practically impossible” (must be stated in writing)
Extended by court order: In cases where the request is extremely large and reasonable agreement can’t be reached, the administration may request per court order an extended period of time, to be granted by judicial ruling.
*If you don’t hear back within 5 working days, send a written follow-up referencing the Virginia FOIA statute.
Step 6: Know the Costs
Understanding (and Waiving) Charges by the DOC
When submitting a request for records to the Virginia Department of Corrections (VADOC), petitioners should be aware of the potential charges that may apply, and readily anticipate fees.
Types of Charges:
1. Staff Time: The VADOC is permitted to charge for the actual expenses incurred due to staff time that is spent on searching for and retrieving the requested records. This charge reflects the labor involved in processing the request.
2.Copying Costs: If the records requested need to be copied, the VADOC can impose charges for the cost of making those copies. This is typically calculated per page or based on the format of the records requested.
3. Postage Fees: Any costs associated with mailing the records to the petitioner can also be charged. This includes the price of postage and any packaging materials necessary for sending the documents securely.
*General Overhead: It is important to note that the VADOC cannot charge petitioners for general overhead costs. This includes expenses that are not directly tied to the processing of the specific record request, such as administrative costs or facility maintenance.
Anticipate fees, and request a waiver of costs upfront. In some instances, agencies require the request for fee waivers to be made at the outset. The Reporters Committee on Freedom of the Press has created a useful guide on state fee waiver laws.
Examples:
I request a waiver of all fees for this request. The disclosure of the requested information serves the public interest as it is likely to enhance public understanding of governmental operations or activities and is not primarily for my commercial benefit. [Include specific details, including how the requested information will be shared by the requester for public benefit.]
I request a waiver of all fees as the information is not being sought for commercial purposes, and its disclosure is in the public interest, contributing significantly to the public’s understanding of __________________ (include a brief summary of what you are seeking to understand).
Along with asking for a fee waiver, request that if an agency wants to charge for processing your request, they let you know if the cost goes over an amount you choose (like $25).
Example:
If there are fees for finding or copying these records, please let me know if it’s going to cost more than $____.
Also, it is helpful to ask that if an agency doesn’t have all the records you are requesting, they tell you who does.
Example:
If your agency doesn’t have these records, please let me know who does and give me their name and address.
Step 7: Know the Common Exemptions VADOC Uses—and How to Challenge Them
VADOC routinely invokes specific exemptions. Know them so you can plan around them or challenge them:
Records of incarcerated individuals (§ 2.2-3706(B)(4)) — This is the exemption most likely to limit labor-related requests about specific people. Frame your requests around aggregate data, policy records, and contracts instead of individual inmate records.
Security records (§ 2.2-3705.2(14)) — Broadly invoked. Challenge it if your request doesn’t implicate actual facility security.
Contract negotiations (§ 2.2-3705.1(12)) — Only covers records prior to a contract being awarded. Already-executed contracts are generally fair game.
Personnel records (§ 2.2-3705.1(1)) — Protects individual employee information, not aggregate labor data or policy.
Attorney-client/work product (§ 2.2-3705.1(2)(3)) — May shield certain internal legal memos, but not operational records.
Criminal investigations (§ 2.2-3706(B)(1)) — Cannot be used to hide completed labor operations or general program data.
If VADOC denies your request, they must provide:
1. A written denial
2. The specific Code section authorizing withholding
3. The volume and subject matter of withheld records
Step 8: If You’re Denied, Push Back
Demand a written denial with the specific FOIA exemption cited
Appeal to the VADOC Director or agency head
Contact the Virginia FOIA Advisory Council at foiacouncil@dls.virginia.gov or 1-866448-4100
File a petition in district or circuit court (Va. Code § 2.2-3713) *[If this ends up being the necessary route and you aren't sure how to proceed, contact us at Abolish Slavery VA and we would be more than happy to connect you with further resources and more importantly, contacts that have tons of experience in this arena. It is their (DOC's, etc.) default to deny access to their records, especially when it is something worth accessing---they assume that you will give up and back down--- but we've got your back, seriously, hit us up.]
Go public: Share the denial with journalists, coalition partners, and on social media
Partner with legal organizations: ACLU of Virginia, Legal Aid Justice Center (LAJC), etc.
Other Key Targets for Investigation
Virginia Correctional Enterprises (VCE): The state-run business profiting from prison labor. Request their financial statements, product catalogs, customer lists, and wage data.
Phone and Commissary Contracts: Companies like Securus profit enormously. Request all contracts and commission payments to facilities.
Work Release Programs: Some jails contract with private employers. Request all work release agreements and wage data.
Agricultural and Manufacturing Operations: Many Virginia prisons operate farms and factories. Request production data, revenue, and worker assignments.
Why These Records Matter
Follow the Money: Records show who profits—private companies, vendors, and the state itself—while incarcerated people work for pennies or nothing.
Prove Forced Labor: Disciplinary records showing punishment for work refusal document coercion that may constitute forced labor under international human rights law.
Expose Racial Disparities: Data has consistently shown that Black and Brown people disproportionately fill prisons and perform the most dangerous, lowest-paid labor.
Build Legal Cases: FOIA records have been used to challenge unconstitutional prison conditions and labor practices in court nationwide.
Educate the Public: Most Virginians don’t know that legal slavery persists here. These records make the invisible visible.
The 13th Amendment’s Exception Must End
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States…”
That exception—“except as a punishment for crime”—is how legal slavery persists in Virginia and across America. FOIA requests give us the evidence to expose it, challenge it, and ultimately abolish it.
File your FOIA request today. Expose the truth. Demand justice.
Need help filing a FOIA request about prison labor or the prison industrial complex in Virginia? Contact AbolishSlaveryVA.org—we’re here to support your advocacy.
*And keep an eye out for our next How-To Post, which will be specific to FEDERAL FOIA Requests >>> ICE Detention Centers
Further Reading:
These are both incredibly thorough and helpful resources on FOIA Requests
A guide to public records requests for advocates seeking reform of the criminal legal system
Journalists: How to Get Records the Criminal Justice System Doesn’t Want You to Have —Alysia Santo
Comments