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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.

Advocates Rally At State Capitol To Demand Accountability in Jail Deaths

There were 13 reported deaths at the Southern Regional Jail in 2022, and more than 100 deaths in the state’s regional jail system in the past decade.

Advocates with the Poor People’s Campaign have notified Gov. Jim Justice of a federal investigation filed with the U.S. Department of Justice’s Civil Rights Division to investigate a rise in reported deaths of those in custody at West Virginia jails.

There were 13 reported deaths at the Southern Regional Jail in 2022, and more than 100 deaths in the state’s regional jail system in the past decade.

On March 10, the families, and the Poor People’s Campaign, held a rally called “West Virginia Mothers and Families Deserve Answers” on the front steps of the capitol building.

Pam Garrison, one of the Chairs of the West Virginia Poor People’s Campaign (WVPPC), told the media and attendants to the rally that the rising number of deaths in West Virginia jails is what made the WVPPC reach out to the national Poor People’s Campaign.

“We sent a letter to Reverend Barber in the national asking them to come and help us, help us bring these family stories to the nation to let them know what’s going on here in West Virginia, and what’s getting hidden under the rugs,” Garrison said. “You know, it’s sad that we have to be here for this. In this kind of situation, somebody has to stand up. Somebody has to speak their mind. They are in the ground, they can’t speak for themselves.”

Lacey Watson ran against Congresswoman Carol Miller in 2022 for her seat in the U.S. House of Delegates. He attended Friday’s rally because he is concerned for his cousin, who is currently in the custody of West Virginia Jails.

“With my cousin being in that situation, we need more accountability from our elected leaders, from our governor all the way down to, those heads of the criminal justice system there at the Southern Regional Jail,” Watson said. “It’s ridiculous that you know, we as family members, we as a community have to demand accountability from the elected leaders that we have.”

Two of the 13 inmates that died last year were Quantez Burks and Alvis Shrewsbury. Their families attended the rally and spoke about their loved ones.

Advocates claim in many of these cases, a person died shortly following their arrival, sometimes within 24 hours. Such was the case for Quantez Burks, according to his mother, Kimberly Burks.

“My son was in their system for less than 22 hours,” Burks said. “The very next day, we got no message, no call, no anything from the state, the police department nor the justice system saying that my son was deceased. They beat my son while he was handcuffed. The private autopsy said he died of blunt force trauma to his whole body. His heart attack was caused because of the stress that his body was put under during their beating. Not only do we need to bring attention to the injustice that is going on in the jail, but we also need to hold these departments accountable for what they’re they’ve done. That means the governor, the chief of police, and the COs, especially since they’re still employed.”

While state lawmakers are considering a proposal to increase transparency in West Virginia’s jail system, families are left in the dark, waiting months for investigations to conclude only to be left with unanswered questions.

Miranda Smith, the daughter of Alvis Shrewsbury shared her family’s story.

“On August 29, 2023, a 45-year-old healthy dad, brother son, grandfather, and grandson entered Southern Regional Jail and only survived 19 days of brutal and inhumane treatment,” Smith said. “He was beaten by fellow inmates and it was ignored and covered up by corrupt correctional officers and authority. He was neglected by the medical staff and due to this maltreatment my dad passed away in Washington Regional Hospital. People who knew and loved him will always see it as if he died in that jail.”

The final speaker was Bishop William J. Barber, President of the Repairers of the Breach and Co-Chair of the Poor People’s Campaign: A National Call for Moral Revival.

“These tears that you see are not black tears or white tears. The pain is tough enough to have a loved one die. It’s tough enough to have someone die, just in life period. But to have all of these unanswered questions, to have all of these distortions, compounds the pain and we’re calling on everyone who believes in righteousness and truth, to turn those all of the investigative tools that you have.”

The rally then took to the sidewalk to march and sing as they delivered a petition to Gov. Jim Justice’s office, calling for a full federal investigation into local prisons by the Department of Justice.

Economic Development And Challenges Of Re-Entry On This West Virginia Morning

On this West Virginia Morning, there are several ways to look at economic development in West Virginia. One is the traditional method of luring large corporations to the state, and another school of thought is to invest that money in poverty programs and to bring the poorest West Virginians up.

On this West Virginia Morning, there are several ways to look at economic development in West Virginia. One is the traditional method of luring large corporations to the state, and another school of thought is to invest that money in poverty programs and to bring the poorest West Virginians up.

In our latest episode of The Legislature Today, reporter Chris Schulz spoke with Mitch Carmichael, the Secretary of the West Virginia Department of Economic Development, and Rev. Mathew Watts from the Tuesday Morning Group, about possibilities.

Also, in this show, America’s prison system releases at least 95 percent of the men and women incarcerated when their sentences are finished. When they re-enter society, many struggle to navigate that freedom successfully. On the next Us & Them, host Trey Kay hears about the challenges of re-entry.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from West Virginia University, Concord University, and Shepherd University.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Contentious Campus Carry Bill Heads To Governor

On this episode of The Legislature Today, between the Roads to Prosperity and the federal infrastructure law, there is a lot going on when it comes to roads and bridges. Curtis Tate speaks with Transportation Secretary Jimmy Wriston and Sen. Charles Clements, R-Wetzel, the chairman of the Senate Transportation and Infrastructure Committee, to discuss the state’s progress.

On this episode of The Legislature Today, emotions ran high and the rhetoric ran long as the House of Delegates debated the contentious campus carry firearms bill. As Government Reporter Randy Yohe reports, the bill was approved in the chamber and is now on its way to the governor.

Also, between the Roads to Prosperity and the federal infrastructure law, there is a lot going on when it comes to roads and bridges. Curtis Tate speaks with Transportation Secretary Jimmy Wriston and Sen. Charles Clements, R-Wetzel, the chairman of the Senate Transportation and Infrastructure Committee, to discuss the state’s progress.

Tuesday was Recovery Advocacy Day at the West Virginia Legislature, the capitol rotunda filled with smiling faces, clear heads and hopeful hearts. The goal was to identify areas related to treatment, prevention and recovery efforts and lobby for important legislation. Randy Yohe has this story.

A bill meant to staff each West Virginia hospital with a qualified sexual assault nurse examiner passed the Senate unanimously and is headed to the governor’s desk. Appalachia Health News Reporter Emily Rice has more.

Finally, the Senate took up a bill that would change how and how much counties pay for inmates they send to the state’s correctional system. Chris Schulz has more.

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The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Senate Bill Works To Stabilize Jail Funding

The legislature has grappled with the issue of jail funding for the past few years. Senate Bill 596 aims to modify the payment for housing and maintenance of inmates in the state’s correctional system.

The West Virginia Senate took up a bill Tuesday that would change how, and how much, counties pay for inmates they send to the state’s correctional system.

The legislature has grappled with the issue of jail funding for the past few years. Senate Bill 596 aims to modify the payment for housing and maintenance of inmates.

The amount counties and municipalities pay for every day of incarceration has been capped at $48.25 per inmate since 2018, but the State Budget Office stated earlier this year the per diem rate will increase to $54.48 in July.

The bill’s lead sponsor, Sen. Jason Barrett, R-Berkeley, said SB596 will establish a pro-rata system to help counties pay the increased cost.

“We were able to figure out each county’s allotment of jailed nights, and then we were able to create a formula based on that pro rata share that each county will receive,” he said. “The first 80 percent of the nights that happened in the county would be billed at a 20 percent discount rate. From 80 percent to 100 percent, would be billed at the 100 percent of the current rate, and then if the county goes over their allotment of nights, there will be a 20 percent penalty for those nights.”

The rates for each county will be calculated by the commissioner of Corrections and Rehabilitation using census data and reviewed every 10 years. Barrett said through the 20 percent penalty, the bill would encourage counties to not only reduce their jail bill, but also develop alternative programs to help West Virginians.

“This way, we’re able to reduce the jail bills for counties, and also incentivize them to have really good day report centers, recovery resource centers, and utilize home confinement officers,” Barrett said. “We are incentivizing counties to not only reduce their jail bill, but to help people of West Virginia. If counties refuse to participate in those things, and they don’t make an effort to reduce their jail bill, in the amount of nights that folks are in jail in their county, then there will be a monetary penalty for that.”

The Division of Corrections and Rehabilitation, which has budgetary issues including a deferred maintenance cost of $200 million, has previously stated that the artificially low per diem payments do not cover the actual cost of incarceration.

In presenting the bill on the Senate floor, Chair of the Senate Finance Committee, Sen. Eric Tarr, R-Putnam, highlighted a provision in the bill that would put county commissioners personally on the hook for unpaid jail bills.

“It would codify the common and case law principle that public officials may be held personally liable for clearly delineated constitutional and statutory duties,” Tarr said. “This section of code clearly provides that counties bear the responsibility for paying for inmate housing and care. When a county fails to pay for inmate housing, this bill would codify that liability on both an official level and the personal level.”

The bill passed 22 to 11, with one senator absent, and now heads to the House of Delegates for consideration.

ACLU-WV Petition Seeks Transparency For Alleged ‘Secret Prison Laws’

The American Civil Liberties Union of West Virginia has alleged the state Division of Corrections and Rehabilitation and Department of Homeland Security attempted to hide a set of legislative rules from public view.

The ACLU’s legal filing alleges Corrections and Rehabilitation provided a partial and inaccurate version of its Policy Directives Manual after it was requested by the organization in January.

It also alleges that after the ACLU requested access to the manual from the Secretary of State’s office, certain access was restricted after some time at the request of Homeland Security. The agency also allegedly requested a removal of the documents from the Secretary of State’s office, which was denied.

“What we were initially looking at, it’s unclear the extent to which that was accurate in the first place. But at this point, we don’t have access to the full document,” ACLU-WV Managing Attorney Aubrey Sparks said.

The manual is considered a legislative rule in West Virginia code. The ACLU petitioned the Kanawha County Circuit Court to order the agencies to provide a complete and accurate version of the policies, claiming the two agencies were creating “secret laws.”

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Sparks said legislative rules act differently than internal policies or procedure guides.

“The issue here is that this is a legislative rule, which means that it has the full force of law, and yet it’s not accessible to the public,” Sparks said.

The request for the DCR documents comes after a 2021 report that ACLU-WV published with findings that West Virginia has some of the nation’s deadliest jails.

“We were interested in seeing how those jails are run, if that document, that legislative rule conferred any substantive rights on the people who were incarcerated that could be useful in trying to improve the conditions of the prisons and jails,” Sparks said.

According to the legal filing, the Division of Corrections and Rehabilitations claimed the initial request for the document was treated as a Freedom of Information Act request, with some of the records removed “pursuant to W. Va. Code § 29B-1-4(a)(19),” which states certain records relating to facilities, directives and operational procedures could be used “to escape a facility, or to cause injury to another inmate, resident, or to facility personnel” if they are released.

The ACLU argued in the filing that the public still had a right of access and that further access was withheld to documents which were not initially restricted.

West Virginia Public Broadcasting reached out to the DHS and DCR for comment. The DHS declined to comment, while the DCR has not yet provided a response as of the story’s publication.