COVID-19 Vaccinations Underway For State Inmates

Inmates in West Virginia’s state jails and prisons are beginning to be vaccinated against the coronavirus.

This week, almost 1,000 state inmates received a dose of the single shot Johnson & Johnson COVID-19 vaccine.

More than 10,000 people reside in state corrections facilities. No inmates at state jails or juvenile centers have received a dose yet.

At a virtual press conference Friday, Gov. Jim Justice briefly mentioned that inmates are being vaccinated.

“There’s a plan in place to move forward with the vaccine,” Justice said. “We’re on it.”

But the Department of Corrections and Rehabilitation has not released details yet on how the vaccine rollout will continue.

Advocacy groups like the West Virginia American Civil Liberties Union want to see a plan.

“This is a good first step, but it is still necessary for state officials to provide immediately to the public set dates by which it intends to have offered vaccinations to all who are living in state correctional facilities,” ACLU Legal Director Loree Stark wrote in a statement.

The ACLU and Mountain State Justice had threatened to sue the state last week if vaccinations didn’t begin by April 5.

Inmates, Families Waiting On COVID-19 Vaccine In Jails, Prisons

Star Hogan’s 33-year-old son Terrick is incarcerated at Mount Olive Correctional Complex in Fayette County.

Since the pandemic began, she worried he would contract COVID-19. Thankfully, he hasn’t. But she had concerns when he had to distance in otherwise tight quarters and ration face masks.

“When he initially got his mask, he kept it until it basically fell apart, but he had it for over three months,” Hogan said.

On top of health concerns, Hogan said she hasn’t been able to visit her son in a year. State jails have limited visits because of the virus. The COVID-19 vaccine could make visitation possible again, but that’s not an option right now for inmates in state jails and prisons.

West Virginia recently opened eligibility for the COVID-19 vaccine to all adults in the state. But one segment of the population has been overlooked. Inmates in state jails and prisons haven’t gotten shots and they don’t know when they will.

Hogan says the state is responsible for inmates safety and well-being. Not giving them an option to get the vaccine is a slap in the face.

“They’re disregarded as if they’re not worthy of the same simple protections that everyone is entitled to,” Hogan said.

Photo courtesy of Star Hogan
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Photo courtesy of Star Hogan
Terrick Hogan, 33, with three of his five children.

More than 10,000 people reside in state prisons and jails facilities. And none of them, regardless of age or health complications have gotten a vaccine.

All state corrections staff have had the option to get a vaccine, though less than half have gotten one so far, according to the state Department of Corrections and Rehabilitation.

The federal government is vaccinating West Virginians in federal prisons. As of Tuesday, 20 percent of federal inmates had been fully vaccinated, according to data from the Bureau of Federal prisons.

Gov. Jim Justice said at a virtual press briefing Monday that the state hasn’t gotten to inmates yet because he believes those living in correctional settings are less vulnerable.

“[Correctional facilities] surely have been one of the safest, if not the safest place in the whole state,” Justice said.

Of the more than 2,600 people who have died in West Virginia due to COVID-19, only 10 have been state inmates. That means inmates are only slightly less likely to have died from COVID-19 than the general population.

While active COVID-19 cases in jails and prisons remain much lower than that of the general population, congregate settings of any kind are susceptible to outbreaks. Some regional jails have seen outbreaks that ended up spreading to half of their inmates.

Justice said in the coming weeks, or even days, there will be a plan to vaccinate state inmates, and vaccinate them rapidly.

“Those people deserve vaccinations just like we all do, and we are absolutely going to come there and come there very very quickly now,” he said Monday.

Advocates have continued to push the state for a solid plan. In early March, the West Virginia chapter of the NAACP and 13 of other groups wrote a letter to the governor requesting inmates be vaccinated soon.

Two of the groups, the American Civil Liberties Union and Mountain State Justice, recently threatened to sue the state if it didn’t begin vaccinating inmates by April 5. They say it is unconstitutional to deny inmates something that is guaranteed to the general public.

W.Va. Prisons Data Show Significant Racial Disparity in Recidivist Life Sentencing

In January 2019, Joshua Plante received a life sentence in Cabell County District court. The sentence came as a shock to him and his attorney, because, at the time, three-strike, or recidivist, life sentences were given to people whose record included a violent felony.

Courtenay Craig, who represents Plante, said none of his client’s charges were violent.

“No. 1, possession with intent to deliver crack cocaine. No. 2, prohibited person in possession of a firearm or sales of a firearm. And, No. 3 three was possession with intent to deliver, less than four grams of heroin.”

Craig said at the time his client was sentenced, the standard set by the West Virginia Supreme Court was that only violent felonies would be considered for recidivist life sentencing. Eventually, a series of West Virginia Supreme Court cases would determine that any felony involving heroin trafficking is dangerous enough to be considered a violent crime.

But, the WVSCOA decision to treat heroin possession with intent to deliver as a violent crime didn’t happen until after Plante was sentenced to life in prison.

“My client couldn’t have possibly known what the standard was at the time of his sentencing because the standard used to uphold his license wasn’t created until 10 months later.” Craig added, “My client’s being upheld to a standard by the West Virginia Supreme Court — to a standard that didn’t exist at the time of his sentencing.”

According to Craig, a double standard exists with life sentencing in the state. Around the same time Plante received his life sentence in circuit court, the West Virginia Supreme Court threw out a life sentence for a man from Wyoming County.

The differences between that man’s case and Plante’s? That man had a violent felony, Plante did not. That man was caught selling OxyContin while Plante was caught in possession of heroin. Finally, and most importantly, said Craig, that man is white. Plante is Black.

Kyle Vass
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Carmon Plante shows the outfit her son Joshua Plante was wearing when he was convicted of a drug related felony that prompted a Cabell County Circuit Court judge to sentence him to life in prison in Huntington, W.Va., Monday, Mar. 15, 2021.

Matthew Bova, a lawyer with the Center for Appellate Litigation in New York, said in an interview with West Virginia Public Broadcasting that there is discretion built into recidivist sentencing. “There are charging decisions that can be made that can skew and direct the case into one direction or the other.”

Bova said in cases where police officers, prosecutors and judges are overwhelmingly white, there’s racial disparity when it comes to charging and sentencing people of color.

“There is an absolutely natural reaction that someone is going to have when they’re looking at someone who is of a different race and they’re weighing issues of compassion, and mercy.”

Black men, on average, receive sentences that are 19.1% longer than white men in similar situations according to the U.S. Sentencing Commission.

And in West Virginia, there’s a significant racial disparity in recidivist life sentencing. While Black men make up less than two percent of the state’s population, they’ve made up 20 percent of the recidivist life sentences in West Virginia since 1979, according to data from the state Department of Corrections and Rehabilitation.

“It absolutely creates a world where people believe that the government is going after a particular group of people at a far higher rate than it is going after another group of people.”

Not long after Plante’s life sentence was upheld by the West Virginia Supreme Court, the state legislature passed a bill to change the recidivist life sentence statute in the state code.

A list of qualifying offenses was added to the statute. Instead of relying solely on the precedent set by the court where one of the three felonies had to be violent, the legislature’s list included drug possession over a certain amount.

(Graph/Brookings Institute)
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A 2015 analysis from the Brookings Institute shows a significant racial disparity in drug-related arrests and incarceration across the United States.

According to a report from the Brookings Institute, Black people are 6.5 times more likely to be incarcerated for drug related crimes than their white counterparts despite the fact that drug use is slightly higher among white people.

Bova said adding drug-related crimes to recidivist sentencing not only furthers racial disparities in the criminal justice system, it’s also contributed to communities of color losing faith in government institutions as a whole.

”You look at someone who has committed a rape, and that might be their first or second offense. And they may get, say, 10 years, whereas someone who has a third offense for a drug offense… they’re getting 20 years to life.” Bova added, “People are looking at that system and saying to themselves, this doesn’t make any sense.”

Carmon Plante said she’s still trying to make sense of her son’s life sentence.

“During court, there was someone who went before [the judge] who had his fourth felony. And the judge just told him, go ahead, go on back.”

Plante said despite her son’s receiving a life sentence in circuit court, she was hopeful that the West Virginia Supreme Court would recognize that her son didn’t have a violent felony on his record and would throw out his life sentence. But, the state’s highest court upheld his sentence.

“We’ve been fighting for almost three years. And there’s been cases so similar that we don’t understand how he gets one sentence, and somebody else gets another. And, it’s the exact same charges.”

“One case, it’s one answer. The right next case, it’s his death, you might as well say.” She added that her son is currently filing an appeal with the U.S. Supreme Court.

Kyle Vass
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A painting Joshua Plante made in prison for his mother during her battle with breast cancer hands in her living room in Huntington, W.Va., Monday, Mar. 15, 2021.

Jennifer Bundy, the public information officer for the West Virginia Supreme Court said, “the Justices are not aware of the race of the people involved; however, if a party has concerns that race was a factor to any error in their case, that would be an issue they could bring to the Court’s attention in the presentation of their case.”

Currently, there are no bills before the state legislature to amend or eliminate the state code’s recidivist clause.

Student Journalists Document The Pandemic In Appalachia

“Hello,” the call began. “This is a prepaid debit call from an inmate at the Virginia Department of Corrections.”

Madison Buchanan, a 19-year-old college student, pressed 0 to accept the call and was connected to Jacob Alan Shouse, Offender Number 1101441.

“I want to thank you so much for helping me out with this,” Buchanan said.

“Yeah, yeah, it’s fine,” Shouse replied. “I’m all about new friends, new advocates, activists, anything positive.”

Shouse, 37, had his own agenda in speaking to the student journalist. He asked if he could read Buchanan a letter he had recently written.

“Yes, please, absolutely,” she said.

“Living through this coronavirus pandemic inside the prison walls ⁠— razor wire plantations ⁠— reestablishes helplessness in an exacerbated form,” Shouse read. “One’s life takes an obvious backseat to prison bureaucracy, modern-day slavery. They’re misleading the general public into a false sense of security, that incarcerated loved ones are safe.”

The Virginia Department of Corrections reports 500 total cases of coronavirus infection among inmates at the Greensville Correctional Center and Greensville Work Center, where Shouse is incarcerated, as well as 44 prison staff members. One person incarcerated at Greensville has died from the virus.

Despite that, Shouse said PPE had not been widely available; his “ill-fitting sneeze guard” was not washed regularly; and prison workers and staff wandered freely between units where COVID cases had been reported, and those where none had been.

A resident of Greensville’s mental health unit, Shouse knew that increased isolation or time alone in his cell would have a serious toll on his own mental health and those of the men around him.

“There are intense requirements and guidelines for facilities set forth by state and federal mental health authorities that are not being adhered to,” Shouse reported, “primarily due to us prisoners being voiceless and utterly helpless under a repressive thumb.”

The prison call system interrupted him. “You have one minute remaining.”

Buchanan is a student documentarian with the Appalachian Media Institute, a program in Whitesburg, Kentucky, that trains Appalachian young people to document the region through their own lens.

AMI doesn’t typically provide a theme for its documentarians, preferring to let the young people choose what was important to them to document. But When the pandemic hit, AMI program director Willa Johnson knew it was the perfect opportunity to explore what the pandemic was like for people living in the mountains, told in the voices of those who knew it best. “We saw this as a really crucial moment as filmmakers, as documentarians, to document this really pivotal moment in our community.”

The result was “A Mask on the Mountains: Dimensions of Covid in Appalachia.” Other AMI documentarians produced stories about how the pandemic was impacting the foster care system, high school sports, and local festivals.

Buchanan knew right away that her story would be about people who were incarcerated during the pandemic. “I grew up with a family that has always been involved with criminal systems, there’s been a lot of jail in my life,” Buchanan said. “My family are good people, they just made bad choices. And they would always tell me stories about jail and how bad it is, trying to sway me away from making bad decisions, I guess.”

A spokesperson for the Virginia Department of Corrections said incarcerated people were tested for the coronavirus, given ample PPE, and kept in pods away from inmates who had tested positive for the coronavirus.

Shouse finished reading his piece, but the urgency in his voice remained. Previous efforts to get his words beyond the prison’s walls had been stymied. “They censored it and blocked it and never told me that they did,” he said. “Did you get that?”

The connection frayed; the line beeped three times.

“Hello?” Buchanan asked.

There was no reply.

Through My Eyes

Telling stories about Appalachia gave Buchanan an up-close look at the ethics of doing journalism.

“Growing up in Appalachia has definitely shaped the way that I tell stories,” she said. “Obviously I’ve lived through all the positives of living in Appalachia, it being beautiful here, the good people and the good communities like Appalshop and things like that. But I’ve also experienced the negatives: poverty and diseases like black lung. So I have a full spectrum of Appalachia, the good and the bad, and that makes it so I can tell stories without making it seem hopeless or making it seem like everything’s peachy.”

The tension comes at a time when journalists across the country are reckoning with the very idea of objectivity.

“The views and inclinations of whiteness are accepted as the objective neutral,” wrote Pulitzer Prize-winning reporter Wesley Lowery recently in an opinion in the New York Times. “When black and brown reporters and editors challenge those conventions, it’s not uncommon for them to be pushed out, reprimanded or robbed of new opportunities.”

In different ways, the same has been true for storytellers from Appalachia, where outside journalists, filmmakers and photographers have had a monopoly on defining the region.

By some definitions of objectivity, Buchanan’s personal experience with the justice system would disqualify her from reporting on it. But she doesn’t see it that way. “My family having so much experience with the criminal justice system only makes me more able to see it for what it is,” she said.

Looking at the criminal justice system through an Appalachian lens is particularly powerful, said Johnson.

“One thing that a lot of working-class and poor communities have in common is that the pipeline from school is either hard labor for low wages, or it’s jail and prison. And communities that struggle economically know that you’re a success if you have a job, and if not, then jail and prison are most likely in your future.”

Buchanan added, “There’s so much poverty and there is a lack of jobs here, and I feel that it is easy to fall into a situation where you have to do what you have to do to survive. It’s hard to get on your feet here and it’s easy to fall down, so it sets it up to make the criminal justice system here especially unfair.”

Buchanan said she has shown her radio story to Shouse, who loves it. She is majoring in convergent media at Morehead State University, and hopes to continue telling stories about Appalachia and the criminal justice system in the future.

(Note: The Appalachian Media Institute is a project of Appalshop, which is home to Ohio Valley ReSource member station WMMT.)

Request To Have West Virginia Inmates Released Is Rejected

A federal judge rejected a request to have several inmates released in West Virginia due to the coronavirus pandemic.

U.S. District Judge Robert C. Chambers on Monday denied Mountain State Justice’s request that the Division of Corrections and Rehabilitation be ordered to release inmates from prisons and jails, the Department of Military Affairs and Public Safety said in a news release.

Chambers found that the agency has responded to the threat from the virus “through appropriate policies and measured mechanisms for reducing facility populations,” the release said.

Law enforcement groups and emergency responders opposed the request.

Jennifer Wagner, a lawyer for Mountain State Justice, said the motion for a preliminary injunction was filed because they are seeking to have the department take the necessary steps to save the lives of inmates and staff, WCHS-TV reported.

 

W.Va. House To Consider ‘Ban The Box’ Bill

West Virginia could be one of more than 30 states to “ban the box” and prohibit certain employers from asking applicants about their criminal history, after lawmakers considered House Bill 4905 Friday evening. 

The legislation from Del. Sammi Brown, D-Jefferson, would only apply to public employers, on a state or county level, and it excludes public positions dealing with law enforcement, community safety, civil service, and those involving direct interaction with minors or the elderly.

The “box” in her bill, and several others that have been and are being considered nationwide, refers to an area on most applications asking applicants to indicate whether they have a criminal history or not. 

Under House Bill 4905, employers still can ask about criminal records, but they have to wait until the applicant has finished applying and received a job interview. Applicants also can sign a waiver, authorizing employers to conduct criminal background checks.  

Brown said the legislation was introduced “to level the playing field and address recidivism.”

“[It’s] not to create a veil, not to be dishonest in their application, but instead to be judged by their qualifications and what they can bring,” she said Friday. “What we’re after here is, again, trying to get people back into the workforce.”

The House Judiciary Committee agreed to send an amended version of the bill to the full House of Delegates with a favorable recommendation. Delegates changed the bill to include a provision allowing employers to publish which criminal charges would make an applicant ineligible. 

Del. Geoff Foster, R-Putnam, was one of the delegates in Judiciary who voted against passing the bill. 

“I think this bill comes about [it] from the wrong angle,” Foster said in committee. He told other lawmakers the bill “makes it so the denial is moved further down the line.”

Instead, Foster suggested lawmakers change rules that they and past Legislatures have created, making it easier for employers to turn away applicants who have been involved in the criminal justice system. 

Del. Tom Fast, R-Fayette, also opposed the bill on Friday, saying he thought the best way to help West Virginians with a criminal history would be to work on improving measures to expunge certain offenses. 

Del. Kayla Kessinger, R-Fayette, agreed with Brown and is co-sponsoring the bill. She said she supported the legislation because it’s a relevant issue applicants with a criminal history face daily, even if their records are related to an incident that occurred when they were younger. 

“And that felony is disqualifying them from even having the opportunity … to prove their worth and their skill and their ability to bring something positive to our public employers,” Kessinger said.  

The bill moves on to the full House of Delegates for consideration. Lawmakers in both chambers have until Wednesday, Feb. 26, to get their bills on final reading if they want their legislation to cross over into the next chamber for consideration. 
 

Emily Allen is a Report for America corps member. 

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