W.Va. Corrections Releases Statewide Policy As Inmate Population Continues To Decline

West Virginia corrections officials this week released a redacted version of its policy for handling and preventing COVID-19 in the state’s jails, prisons and other correctional facilities.

Staff for the Division of Corrections and Rehabilitation notified West Virginia Public Broadcasting Wednesday that the information was available online in response to a Freedom of Information Act request for the DCR’s policy. However, information on how individual facilities are localizing and implementing the DCR policy remains confidential. 

The statewide plan, which the DCR says has been in place since March 20, provides recommendations and rules for hygiene, sanitation, spacing and isolation for those with symptoms — as well as those most at risk of dying from infection, due to age or preexisting health conditions.

The DCR plan is based on a model that Kansas-based health consultant VitalCore Health Strategies developed, using recommendations from the federal Centers for Disease Control and Prevention. The policy was approved by the American Correctional Association.

Redacted information includes guidance for transporting incarcerated individuals who need medical care, and the details of how inmates should be screened for COVID-19 symptoms. DCR staff have referred to a section of state code allowing them to redact this information because it could potentially aid an inmate in efforts to escape or cause harm. 

West Virginia has not reported any cases of the virus in its facilities. Nationally, incarcerated populations have seen the deaths of corrections staff, federal inmates and state inmates at facilities in Indiana, Louisiana, Ohio and New York, to name a few. 

How Jails, Prisons Enforce Policy Remains Confidential

To ensure implementation of the policy, the West Virginia DCR asks each of its facilities to fill out a worksheet, included within the policy documentation, elaborating on how they plan to localize the statewide policy, and what resources they have for enforcing some of the hygiene and spacing recommendations. 

How West Virginia’s jails and prisons answer these worksheets remains closed to the public. 

Spokesman Lawrence Messina for the Department of Military Affairs and Public Safety, which oversees the DCR, said a federal judge has “already agreed that these materials reflect policy directives and operational procedures of personnel relating to the safe and secure management of inmates or residents that if released, could be used by an inmate or resident to escape a facility, or to cause injury to another inmate, resident or to facility personnel.” 

U.S. District Judge Robert Chambers initially reviewed the state’s COVID-19 response policy for correctional facilities weeks ago, under seal before the DCR made its division-wide policy public this week. This was after a group of West Virginia inmates, represented by the legal firm Mountain State Justice, requested that Chambers order the DCR to create a plan and reduce its incarcerated population. 

Through its now public, division-wide policy for COVID-19, the DCR asks that jails and prisons promote and facilitate good hygiene habits, like handwashing. 

The accompanying worksheet asks “How will good health habits be promoted with your staff?” and “Are soap dispensers or hand soap available in all employee and incarcerated person restrooms? … What is the plan to ensure incarcerated individuals have an adequate supply of bar soap?”

In regard to spacing needs, the worksheet asks facilities to describe their capacity for isolating inmates displaying potential COVID-19 symptoms.

DCR’s policy recommends isolating these individuals to one-person cells. When that’s not possible, it recommends facilities cohort these groups accordingly in a setting where beds are at least six feet apart, and those who potentially are infectious should wear a face mask to limit the likelihood of disease transmission.

For inmates who have been exposed to the coronavirus the worksheet asks, “What rooms could be used for group quarantine?” 

It also asks about the preparedness of a facility to provide enough face masks to those quarantined in a group setting to last 14 days as recommended by the Centers for Disease Control and Prevention.

The DCR policy goes on to recommend facilities identify inmates with “comorbid conditions” like diabetes, heart or lung disease, and, “if possible, quarantine them in single cells.”  

There is a section specifying how facilities should care for the sick, saying “treatment consists of assuring hydration and comfort measures.” It allows certain medication like Ibuprofen or Tylenol for fevers, and it calls on facilities to use “a low threshold” when deciding whether an inmate with shortness of breath should be transported to a hospital.

Staff who know they have come into contact with someone with the coronavirus are advised to stay home in quarantine for 14 days. The policy also advises staff who display potential symptoms to stay home. 

The policy doesn’t specifically address coronavirus testing, which already is in short supply nationwide, but the worksheet does ask what individual facilities’ county health departments are advising and offering in that regard. 

The policy calls for staff dealing with quarantined inmates to have the appropriate protective equipment, including gowns, gloves, eye protection and face masks. 

Reducing The Incarcerated Population

Groups such as the West Virginia chapter of the American Civil Liberties Union have advocated for the DCR to reduce its incarcerated population, stating more room makes it easier to enforce social distancing guidelines from the federal government.

The DCR seems to understand the same, also recommending in its policy that facilities stagger their recreation and mealtimes, that they discontinue pill lines and either discontinue or modify group activities.

West Virginia’s incarcerated population continues to decline as the state releases more inmates that criminal justice officials have determined impose little to no risk on public safety. 

According to numbers from the Department of Military Affairs and Public Safety provided on Thursday, April 16, there were 4,085 people incarcerated throughout West Virginia’s regional jails, which have a total capacity for 4,265 beds. On Monday, April 6, DMAPS reported there were more than 4,300 people in West Virginia’s 10 regional jails.

Four individual jails were still at overcapacity on Thursday. According to numbers from DMAPS, Southern Regional Jail had 58 more people than its capacity, Tygart Valley Regional Jail had 61 more people, Northern Regional Correctional Facility and Jail had 27 more people and North Central Regional Jail had 110 more. 

In prisons, there were 5,139 people across 13 locations, which have a total 5,437 beds. No individual prison was over capacity on Thursday. 

Other than reducing the incarcerated population, the DCR policy calls for facilities to reduce contact by ending free-flowing, self-service food stations like salad bars. 

For sanitation, the policy recommends facilities assign more inmates to cleaning duties. 

Correctional facilities ended family visits in March. The policy calls on the corrections staff to “support communications with family members” of incarcerated individuals, which is available through phone or video communications. 

The policy recommends administering flu shots to inmates and staff when they’re in stock, and frequently testing for the flu, because the two diseases have similar symptoms. 

Staff are screened for COVID-19 symptoms as they come into work. That includes their temperature, according to the policy.

Newly arriving inmates are screened as they arrive at a facility, or as they display potential COVID-19 symptoms, and certain inmates are screened depending on the types of jobs they work in a facility, like those in food service or a medical department. 

Additional specifics on inmate screening were redacted. 

Emily Allen is a Report for America corps member. 

State’s Policy For Handling COVID-19 Concerns In Jails, Prisons Remains Confidential

The number of inmates in West Virginia’s overcrowded criminal justice system has declined over the last few weeks, as prosecutors throughout the state identify low-risk inmates eligible for parole. 

But several groups are still calling on the state to do more, to further reduce its incarcerated population and ensure that staff and inmates have the appropriate space and supplies to protect themselves against COVID-19.

The ACLU-West Virginia on Thursday asked the West Virginia Supreme Court of Appeals to order the release of 39 medically vulnerable and low-risk inmates. In a press release, the organization says that many of the inmates in this request would’ve been released early anyway, once legislation like a bill for bail reform takes effect this summer. 

“It seems impossible that the facilities can conform to these sort of CDC-endorsed guidelines for correctional facilities, which include social distancing, when they have more people in the facilities than they do beds,” said Loree Stark, the group’s legal director.

At last count, West Virginia health officials were reporting 523 positive COVID-19 cases and five deaths. The state has reported no positive cases in any of its lockups. 

Four of the state’s 10 regional jails were running over capacity on Tuesday, said Lawrence Messina, spokesman for the state’s Department of Military Affairs and Public Safety, which handles the Division of Corrections and Rehabilitation. (One of the jails was five people over capacity.) 

On Monday, Messina reported there were more than 4,300 people in the state’s regional jails, nearly 800 fewer than the department reported on March 2 — but still about 100 more people than the jails have beds for. 

As of Tuesday, nearly 2,000 correctional officers and 1,250 nonuniform employees were staffing all of the state’s correctional facilities. 

Elaine Harris, a vice president with the West Virginia AFL-CIO, which represents corrections officers and nonuniform support staff, said the union is working closely with the DCR to ensure staff have access to protective wear. 

“Those are demanding jobs,” Harris added. “If you’re a young person trying to raise a family, and you have kids — we’ve asked them [the DCR] to try to be flexible with workers.”

The DCR has stated in legal documents that the division has had a COVID-19 response plan in place since March 20. But Messina said the division won’t share the full plan with the public, citing “security and public safety reasons.” 

In a summary posted to the state’s website with COVID-19 information, the DCR reported that it’s implementing a policy that “emphasizes frequent cleaning and disinfection of high-touch areas,” details practices for sick employees and isolation options for inmates, and outlines procedures for personal protective equipment and sanitation supplies, like face masks and hand sanitizer. 

The DCR added that it’s regularly checking temperatures of staff and inmates and waiving medical co-pays for inmates. 

When asked how overcrowding concerns might limit the DCR’s ability to enforce recommendations from the federal government for social distancing, Messina said the DCR has addressed the matter through its confidential, in-house COVID-19 response policy.

Advocates have called for that plan to be released to the public immediately. 

“We don’t have nearly the amount of information that’s really needed,” Stark said, “to ensure that the plans they have in place are going to protect those incarcerated and the employees in these facilities.”

A Fight For Information

The DCR rejected a Freedom of Information Act request from the ACLU for its COVID-19 response policy, citing a section of state code exempting the division from disclosing information related “to the safe and secure management of inmates or residents” that could be used to aid an escape or effort to cause harm. 

West Virginia Public Broadcasting is waiting on a response to its own FOIA request filed Wednesday. 

On March 25, a group of inmates asked a judge to take immediate action to address some of their concerns about the DCR’s COVID-19 response. U.S. District Judge Robert Chambers received the division’s policy under seal and wrote on Wednesday that the DCR has “been anything but unresponsive to the threat posed by COVID-19.”

“In fact,” Chambers wrote, “Defendants [the DCR] have produced what appears to be a comprehensive plan addressing the spread of COVID-19 in state jails and prisons. The plan addresses procedures to limit the entrance of COVID-19 into the corrections system, as well as methods to limit interfacility transmission and to transport infected individuals to hospitals for medical care.”

The March 25 motion also asked the judge to force the DCR to develop and disclose a plan for COVID-19, and to release a sufficient number of inmates to allow for social distancing in the correctional facilities.

The judge ultimately sided with the DCR when the division reported it already had a response policy in place. 

Those same inmates’ complaints against the DCR date to 2018, when they, with attorneys from the firm Mountain State Justice, filed a class action lawsuit against the DCR for poor and inappropriate access to medical care at their time of incarceration. 

One of the inmates named in the most recent motion, Donna Wells-Wright, says she had been at the North Central Regional Jail in Doddridge County on a state misdemeanor charge before she was released on bond April 1. 

She suffers from emphysema and chronic obstructive pulmonary disease. She said she was released because of her conditions, which put her at a higher risk when it comes to COVID-19. 

She described living in fear for weeks before her release. 

“I mean, we’re scared to death, watching the TV, we don’t really know what’s going on,” she said in a phone interview on Wednesday. “And when I got home, and could actually watch the news, I was like, Oh my God, you know, we could’ve died in there.”

Wells-Wright was released weeks after the DCR said it began implementing its COVID-19 response policy. She said she remembers some improvements, but she said that jail was generally not a hygienic environment.

In the weeks before COVID-19, Wells-Wright recalled limited access to clean laundry. She said she had to share a mop bucket and broom with dozens of other women. By her account, it would take days for staff to spray the showers with bleach and water, and there wasn’t immediate access to enough feminine hygiene supplies. Inmates would use dirty dishes, likely meaning trays and silverware hadn’t properly been sanitized. 

And if she or another inmate wanted to buy a bottle of hand soap from commissary, Wells-Wright said it cost $10. 

In an email, Messina, the spokesman, said the DCR is providing inmates necessary sanitation supplies for no charge. 

“Inmates are routinely provided personal hygiene and cleaning supplies,” Messina wrote. “It is the inmates’ responsibility to keep themselves, their cells and the common areas clean.”

Messina also referred West Virginia Public Broadcasting to a section in a recent memo from Judge Chambers that notes inmates in the class action lawsuit admitted their facilities were doing a “good” and “decent” job with sanitation, during the coronavirus. 

Attorney Jennifer Wagner from Mountain State Justice said inmates and their loved ones have reached out to her, still saying there’s a lack of necessary supplies and space. She said her firm will continue to monitor the situation and go back to Judge Chambers if concern grows about the corrections COVID-19 policy.

“All of the basic sort of requirements that we are being asked to utilize in our day to day life — staying away from people, washing our hands multiple times, not just sneezing out into the air, using a tissue, not eating around other people — all of those things are not being implemented in the prisons and jails,” Wagner said. 

The Call For Release

In late March, a coalition supporting criminal justice reform called on Gov. Justice to issue an executive order for agencies involved in the state’s criminal justice system. Specifically, advocates want DCR to release inmates during the COVID-19 pandemic, local law enforcement officers to avoid in-person arrests when possible, and agencies to develop transitional living options for those released. 

“There is certainly some progress being made particularly around the release of pretrial people who are being incarcerated, pretrial, who cannot afford to make bail,” said Lida Shepherd, a member of the coalition who works with the American Friends Service Committee’s West Virginia Economic Justice Project. 

On March 27, shortly after the coalition’s request, the West Virginia Director of Court Services issued a memo instructing county prosecutors to begin reviewing “the most recent list of pretrial detainees, to identify any pre-trial individuals who do not constitute a public safety risk,” for release.

It’s unclear how many pretrial detainees will be or have been identified, since implementation of the order is up to individual county prosecutors. 

A little more than half of the state’s jail population, as Messina reported on Monday, are incarcerated and awaiting trial. 

But, Shepherd noted, four out of the state’s 10 regional jails remain overcrowded.

“There are people who are either approaching their parole eligibility date, and are within a year of parole eligibility, or who have particular health concerns that put them in a particular risk, if they were to contract COVID-19 and to expedite their release,” she said.

Shepherd said the coalition isn’t asking officials to release dangerous inmates.

“I don’t think anybody is saying we need to clear out all of our prisons and jails,” she said, “but I think that any measures that are taken to reduce [the inmate population], even minimally, could go really far to minimizing the risk.”

Several states also are releasing hundreds of inmates their corrections officials have identified.

So Where Do People Go?

Pastor Beverly Sharp, the director of re-entry initiatives for the West Virginia Council of Churches, said a global pandemic makes the already complex issue of re-entry even thornier. 

“All those safety net organizations that are typically available to them when they come out, are not available right now,” Sharp said. “They either are shuttered completely or they’re operating on telephones. And as you can imagine, when you come out of incarceration, if you don’t have somebody there waiting on you, you don’t have access to a telephone.”

She works with a staff of two employees, covering re-entry needs all over the state and also is in charge of 10 re-entry volunteer councils covering West Virginia. 

“I probably get one or two requests a day, from all different parts of the state for different things,” for things like housing and transportation, she said.

She has noticed that more shelters and other housing initiatives are closing their doors to new arrivals. And because most resources for unemployment benefits are currently only available online and over the phone, Sharp is concerned that those newly released won’t have immediate access to those services. 

“When we all shut down our public libraries, and we shut down access to our public computers, people that need those, to be able to apply for benefits and assistance, have no access anywhere,” Sharp said.

Sharp suggested the state allocate funding for transitional housing. 

“Even funding to place people in a hotel or, you know, some temporary place would be sufficient,” Sharp said.

Emily Allen is a Report for America corps member.

 

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