Inmates Story Archives - West Virginia Public Broadcasting

W.Va. Correction Commissioner Says Jails System Improving

Corrections Commissioner William Marshall said for the first time since COVID-19 hit, jail and prison guard vacancies have fallen below 1,000 – standing at 990.

We have a class of 55 right now that will graduate next month,” Marshall said. “Our previous class we graduated was 45. And the class before that was 53. So we’ve made some significant hires and some significant impact when it comes to recruiting”

Correctional guard vacancies were recently up to 1,100. Speaking Monday before the Legislative Oversight Committee on Regional Jails and Prisons, Marshall said the $21.1 million the legislature approved for pay raises is helping grow guard academy classes and retirees are coming back to work.

Marshall said changes in the six week class – getting recruits out on the floors at two and a half weeks – gives recruits and supervisors decision making experiences.

“It gives them an opportunity to see if this job fits them or not,” Marshall said. “It also gives the superintendent and the lieutenants and sergeants the opportunity to see how they respond on the floor, how they respond around inmates.”

Marshall said the new academy teaching plan also allows savings when it comes to training.

“We’re not training someone for six weeks at the academy, then they show up the first week in a facility like this and think, ‘This is not what I thought it was,’ and they’re walking out the door,” Marshall said. “We’ve already spent $18 to $20,000 on training. And so this has really greatly helped that.”

Marshal said 330 to 340 National Guard members, under emergency orders, continue to staff non-inmate contact posts at correctional facilities.

“We’re working towards trying to eliminate as many of those as we can going forward,” Marshall said. “As long as we continue to hire, we continue to bring new recruits in.”

He said a new comprehensive recruiting campaign is just underway, including a young public information officer hiree who is well versed in social media.

“We’ve started a new campaign with the Department of Commerce in regards to recruiting,” Marshall said. “We’re on the verge of releasing a new stand alone logo for our division, to try to attract some of the newer, younger generation of workers that would want to come and work for us, whether it be officers, counselors, therapists or office assistants.”

Marshall told the committee that, while a few facilities are at or just under capacity, some overcrowding continues. He said North Central Regional Jail in Doddridge County, with a population of more than 800, is about 300 inamtes over capacity.

“It’s just such a hotbed of an area right now when it comes to drug crimes and crimes in general that are feeding into North Central,” Marshall said.

Marshall said over the last calendar year, there was a point where they hired about 700 people, but lost about 650.

“Those numbers are starting to slow down,” he said. “Obviously because of the new pay plan. I’ve received several waivers recently, which is a good sign for the academy, which means we got people coming back that are already academy trained.”

Overcrowding and understaffing, along with physical conditions in the jail system, have sparked numerous lawsuits, alleging dangerous and deplorable living facilities.

Marshall said $60 million in eight deferred maintenance projects are underway statewide.

“We’ve also been working with some energy savings groups with the potential of working with them in order to get some additional projects completed in our jails and prisons and juvenile centers as well,” Marshall said.

He mentioned one project that would have a company set up a HVAC class for inmates at Salem.

“That company is also looking at fixing a lot of our HVAC systems going forward that are ready,” Marshall said. “Instead of trying to fix them by just completely replacing them.”

He said a new initiative called Desert Waters specifically offers mental mental health care for corrections officers.

“It’s another tool for our people to be able to talk to people,” Marshall said. “To be able to share experiences with people who actually speak their language and know what they are saying,”

Marshall told the interim committee that he’s hopeful, with new recruiting efforts, pay raises, retention plans and maintenance upgrades, the emergency crisis within the corrections system will lessen over time.

“The one thing that I knew coming into this job in January is, we were never going to conquer this,” Marshall said. “It will constantly be a challenge that we’ve accepted and I think we’re heading in the right direction.”

W.Va. Corrections Crisis Finds Legislative Fixes, Justice Faces Corrections Lawsuit

Lawmakers say bills passed in the special session to help solve the state’s corrections employment crisis lay a foundation but are not a cure-all.

The measures come as a lawsuit demands the state spend more than 10 times the funds allocated to upgrade conditions in the state’s jails and prisons.

Three key corrections bills provide more than $25 million to increase the starting pay and change pay scales for correctional officers and offer retention payments to non-uniformed corrections workers.

SB 1005 earmarks $21.1 million to increase starting pay and change pay scales for correctional officers. SB 1003 and SB 1004 provide nearly $6 million for one-time bonuses for correctional support staff, divided into two payments that begin in October.

Del. David Kelly, R-Tyler, is the Chair of the House Jails and Prisons Committee. He said the bills create a foundation for relief and a pathway forward.

“I was pleased with the way everyone worked together,” Kelly said. “We started detailed conversations with the Senate in May, and met weekly and bi-weekly, through the months that preceded this call. We know it’s not going to solve the problem, but it’s a piece of the puzzle.”

Kelly noted that the passed legislation also includes $5,000 bonuses for critical vacancy pay, re-named from locality pay. He said the stipend will address worker shortfalls statewide.

“The Eastern Panhandle is dealing with losing officers to other states. But there are other areas that are just as in need as the Panhandle because there are different needs,” Kelly said. “It’s the same outcome, they are short officers.”

A lawsuit filed in federal court Tuesday named Gov. Jim Justice and Homeland Security Secretary Mark Sorsaia as defendants. It demands the state spend $330 million for deferred maintenance and worker vacancies in state corrections. The suit asks Justice to call for a special session and submit bills correcting a number of issues to the legislature to correct these issues. The suit, filed by Beckley attorney Steve New who represents the plaintiffs who are inmates of the state, prohibits Justice and Sorsaia from housing inmates in what the suit calls “unconstitutional conditions.”

“Most troubling, is what’s called deferred maintenance in these correctional facilities,” New said. “Mr. Douglas has testified to the legislature to the point that he recently said he’s tired of sounding like a broken record when he comes before the legislature on the issue of deferred maintenance that needs done in West Virginia’s correctional facilities.”

New referred to current state Division of Corrections Chief of Staff Brad Douglas.

New noted several sworn statements that come from a separate lawsuit regarding conditions at the Southern Regional Jail. He said former state Homeland Security Secretary Jeff Sandy, former state Corrections Commissioner Betsy Jividen, and Douglas, were all frank in depositions on how severe understaffing and overcrowding conditions for more than a decade have grown worse with no government relief.

“People have testified that $50 to $60 million dollars is needed to correct the over 1000 staffing shortages in West Virginia’s corrections,” New said. “The bill only provides for $25 million. The rub is nowhere in deferred maintenance to the tune of $270 million mentioned.”

In his Tuesday media briefing, Justice said he was pleased with the outcome of the special session regarding corrections pay raises.

“To get the pay raises to the folks that we had sent up for two consecutive years,” Justice said “Basically the net of the whole thing, fix the corrections dilemma.”

In response to the lawsuit, Justice said the state is working to catch up with corrections challenges and do better.

“There’s $100 million that went into deferred maintenance in the last session,” Justice said. “Right now, we’ve got $25 million dollars, or whatever the number may be, $30 million, of stuff that’s going to corrections. Folks, right now, it can’t be absolutely dead level perfect.”

Also responding to the lawsuit, West Virginia Commissioner of Corrections and Rehabilitations Billy Marshall called it “an insult to our employees and DCR.” Marshall also said “a lot of the complaint has already come to its conclusions in regards to several of the allegations all of which have been investigated.”

He said the evidence didn’t support the claims listed in the complaint.

“We even have gone as far as having recorded inmates’ conversations that went to family members who asked those family members to lie and give false information to try to create some problems for DCR, forcing us to waste our time and money,” Marshall said.

As to jail and prison maintenance, Marshall said “It’s much like owning a home and if you live in a home long enough, there’s going to be things no matter how well you take care of it, there’s going to be things that pop up that you’re gonna need to fix and replace.”

Jail Worker Crisis Highlights Legislative Interims

Testifying in recent committee meetings, corrections leaders described the state’s worst correction officer shortage in 30 years. They counted more than 1,000 open positions and vacancy rates reaching 70 percent in some facilities.

A full slate of legislative interim sessions begin this weekend. One of the biggest will look at addressing the crisis in state jails and prisons.

State corrections leaders will address the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority Sunday afternoon.

Brad Douglas, executive officer, and William Marshall, commissioner for the Division of Corrections and Rehabilitation will report on current employee recruitment, retention and vacancy rates with the division. They will also make a presentation on the juvenile population in the Bureau of Juvenile Services.

Testifying in recent committee meetings, Douglas and Marshall described the state’s worst correction officer shortage in 30 years. They counted more than 1,000 open positions and vacancy rates reaching 70 percent in some facilities.

Committee member Del. Joey Garcia, D-Marion, said not correcting the vacancy crisis with proposed pay raises was the biggest failure of the recent legislative session.

“There’s been a number of reports and some type of federal investigation into deaths of inmates and two incidents of alleged violence or abuse,” Garcia said. ”I’ve seen more cages than I ever have, because they don’t have enough correctional officers to take people from one place to another within the jail. I’ve heard from clients about there being more prolonged lockdowns, again, because they don’t have the manpower.”

House Bill 2879 would have given correctional officers a $10,000 pay raise over three years. The bill called for an initial $5,000 raise, followed by $2,500 over the next two years. The current starting pay for West Virginia correctional officers is about $33,000 a year, markedly lower than comparable positions in neighboring states and federal holding facilities.

The bill passed the House Jails and Prisons Committee unanimously but died in the House Finance Committee. Garcia said the bill needs to be revived, with amendments.

“The pay raises also need to be extended to staff members who have stepped up and have gone into the prisons and done the jobs that many correctional officers do,” Garcia said. “I think they need to be included. There’s also that one time retention bonus, which would be about $5,000. For those officers and staff members, that can be a needed, one time payout.”

Gov. Jim Justice said in a March 15 media briefing that he has tried for two years to get correction officer pay raises. He said the legislature has to get off the bubble on this.

“Is the next alternative to say, ‘I’ll tell you what, let’s do. Let’s just don’t arrest anybody. And let’s just open the jails up and let everybody go,'” Justice said in the briefing. “You can’t blame people that can go right across the border to better themselves.”

Garcia said a special session needs to be called before the problems get even worse.

“If the governor won’t act, the legislature needs to, we can call ourselves in,” Garcia said. “And if the legislature won’t act, then the governor needs to do so, but we have to have some leadership on this issue.”

In a statement, Justice said he still agrees on pay raises and that the problem must be solved. So far though, there is no word on a special session.

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.

Incarcerated Veterans Train Service Dogs for Other Veterans

Rachel Gregory’s service dog Missy demonstrates a “hug.” Missy has been taught by veteran inmates at FCI Morgantown to react when Gregory exhibits stress or anxiety.

At a federal prison in Morgantown, Jeff Marrero is working with his service dog Biley on how to close doors. The golden retriever walks over to the door, tugs the thick rope wrapped around the door knob and pulls it closed.

Marrero, a United States military veteran, is serving a nine year sentence for a non-violent drug charge. For the past two and a half years, he has worked as a part of the Veterans to Veterans Dog Program – an outreach initiative of the Morgantown-based service dog training program Hearts of Gold and West Virginia University. Dogs in the program are trained by inmates, then issued free of charge to veterans with post-traumatic stress disorder or mobility issues, veterans like Rachel Gregory.

Biley tugs a door shut as part of a training exercise at FCI Morgantown.

Gregory did not serve overseas, but suffers from PTSD due to a military-related sexual assault she was the victim of here at home. Missy helps her cope with the trauma, following her to work at Best Buy.

“We’re working on a cover me command right now,” she said. “Where eventually once I find someone to pair up with me and train she’ll notify me from a certain amount of distance behind me that someone is coming up behind me and I don’t freak out.”

Missy is also trained to lick her hand or lean against her legs when the dog senses Gregory getting stressed or anxious. Gregory says Missy’s presence and support helps prevent the panic attacks she used to experience and allows her to maintain a normal, healthy work schedule and social life.

When a trigger occurs, “I just focus in on her and I know that I’m ok,” she said.

Missy waits for Gregory at Best Buy. Gregory says despite the dog’s vest and service dog designation, most people do not respect that Missy is a working dog. “She gets plenty of love and playtime,” says Gregory. “But when she is out in public with me she is working.”

Marrero was one of the inmates who helped train Gregory’s dog Missy. Back at the prison, Marrero is putting Biley, who happens to be the littermate of Missy – through her training paces.

Marrero explains that the name – Biley – comes from the word bilingual. Marrero is teaching her commands in both Spanish and English so that if needed, she could go to a veteran for whom English is a second language.

At FCI Morgantown, there are now 19 veteran-inmates in the program. 10 dogs have completed training at the prison and been placed with veterans in the community. 12 more are currently in training, although a Hearts of Gold spokeswoman said not all of those will successfully achieve the rigorous designation of service dog. Some will instead become emotional support dogs, therapy dogs or pets.

While the program benefits are clear for veterans who receive dogs on the outside, veteran inmate Michael Graboske says he’s benefited from the program too. Training dogs has helped Graboske deal with the stress and anxiety of incarceration.

“The first time I took a dog out, I took it out back to the playpen and I threw a ball and all kind of emotions were released,” said Graboske. “And from there on learning to work with the dogs and their behaviors – teaching them it’s a beautiful thing after being in jail a long time and having the opportunity again – it opened me up to feel again. I was a complete shell and it brought me out.”

Vivien, Michael Graboske’s goldendoodle, grabs a bottle of medication off a table as part of a training exercise at FCI Morgantown.

Morrero agrees.

“It’s a win-win situation,” he said. “I like the concept of veterans for veterans because when we were in our forces we had each other backs. Because we are incarcerated now, this is a way for us to maintain that promise we made in the service.”

Veterans to Veterans is not just providing inmates with emotional rehabilitation, but also is teaching them a marketable skill they can use upon their release. All inmate-veterans participating in the program will have the opportunity to become certified service dog trainers and both Graboske and Morrero say they plan to continue their work once released.

Appalachia Health News is a project of West Virginia Public Broadcasting, with support from the Benedum Foundation.

Inmate Sentenced for Possessing Weapon

A federal inmate in West Virginia has been sentenced to an additional year and nine months in prison for possessing a weapon.

Acting U.S. Attorney Carol Casto says in a news release that 36-year-old Rafael Carrera-Fuentes was sentenced last week in federal court in Beckley.

Carrera-Fuentes admitted to having a shank, or homemade knife, last April at the Federal Correctional Institution in Beckley.

Casto says the sentence will run consecutively to an 11-year sentence Carrera-Fuentes is serving for a 2011 federal drug conviction.