How to File a FOIA Request in Virginia: Exposing Forced Labor and the Prison Industrial Complex
- Abolish Slavery VA
- 3 minutes ago
- 7 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
VADOC routes requests depending on what you’re seeking:
Records about a specific incarcerated individual: Warden/Superintendent of that facility, or Probation & Parole District chief
Policies/ operating procedures:
General VADOC records (contracts, financials, stats):
Virginia Parole Board records: Virginia Parole Board (separate agency — vpb.virginia.gov)
The central FOIA contact at VADOC is:
Anne-Cabrié Forsythe, FOIA Officer Administrative Compliance Unit
P.O. Box 26963 Richmond, VA 23261
Phone: (804) 963-2953
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. 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”
Step 4: Use These Templates
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]
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
Timeframe = 5 working days
VADOC must respond (Day 1 = first workday after receipt; weekends/holidays excluded)
12 working days: Maximum if they declare a 5-day response “practically impossible”
(must be stated in writing)
Extended by court order:
Only if the request is extremely large and reasonable agreement can’t be reached
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
VADOC can charge actual costs for staff time searching and retrieving records, copying, and postage—but not general overhead.
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)
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)
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.
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
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