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 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.”

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.

Gov. Jim Justice Talks Budget And Taxes

On this episode of The Legislature Today, government reporter Randy Yohe sat down with Gov. Jim Justice to discuss a number of issues facing the state, including budget surpluses and tax reductions.

On this episode of The Legislature Today, government reporter Randy Yohe sat down with Gov. Jim Justice to discuss a number of issues facing the state, including budget surpluses and tax reductions.

Also, the Senate passed several bills Wednesday, including Senate Bill 426, which allows the state’s chief information security officer to establish standards for, and ultimately block or ban, access to technological services, apps, programs or products on government devices. One example that has been at the forefront of this debate is the popular app TikTok.

And the Senate Finance Committee spent an hour Tuesday on the budget for the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails.

Finally, a bill concerning the authority of the Foster Care Ombudsman passed the House of Delegates unanimously.

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 Finance Committee Quantifies Department Of Corrections Issues

Senators spent the first hour of what became a three hour Finance Committee meeting Tuesday night focusing on the budget of the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails. 

The Senate Finance Committee met Tuesday night to hear budget presentations from the Department of Homeland Security and the Department of Education.

Senators spent the first hour of what became a three hour meeting focusing on the budget of the Division of Corrections and Rehabilitation, which oversees the state’s prisons and jails. 

Corrections have struggled since the pandemic to maintain employees, with more than 1,000 vacancies for correctional officers in the system and a state of emergency requiring National Guard intervention. During the presentation, it was reported that the National Guard’s role filling administrative positions to free up correctional officers is costing $500,000 per week, and will lead to a $6 million budgetary shortfall for the division this year.

In response to questioning, William Marshall, commissioner of the West Virginia Division of Corrections and Rehabilitation, told Sen. Eric Nelson, R-Kanawha, it would take a pay raise of at least $10,000 for all correctional officers to make the position more attractive to future candidates.

“Easy math 4,000 [officers], $10,000 across the board. That’s a $40 million annual base builder,” Nelson said. “Pension benefits can be anywhere from 25 percent to 50 percent of compensation. If we were to potentially look at this correctly, would you agree that this is a $40 to $60 million base builder that we need to consider going forward?”

“You’re talking about not only base salary, but retirement?” Marshall replied. “Yes, I think a retirement plan would be very, very attractive. It’s hard. A lot of our officers we talked to, it’s hard to do that job forever.”

Marshall discussed the difficulty in retaining correctional officers not only because of the inherent risk of the job, but also because of competition from other correctional systems.

“We not only lose corrections officers to the federal system, but we also lose corrections officers to our bordering states as well,” Marshall said. “We lose a number of them to Maryland in the Eastern Panhandle quite often. They had a promotion about a year and a half ago, two years ago, with a $5,000 signing bonus and a $50,000 to $55,000 start pay.”

House Bill 2879, currently in the House’s Finance Committee, would provide existing correctional employees with three or more years of employment, a $6000 retention bonus and establish a $3000 sign-on bonus for new employees.

Marshall, with help from Executive Officer for the Division of Corrections and Rehabilitation Brad Douglas, explained to the senators that the state’s newest correctional facility, Lakin Correctional Center in Mason County, is already 20 years old. The oldest facility, Huttonsville Correctional Center in Randolph County, was built in 1938.

Marshall was appointed commissioner by Gov. Jim Justice two weeks ago. 

Jeff Sandy, cabinet secretary for the Department of Homeland Security, fielded questions from Sen. Jason Barrett, R-Berkeley, about why there’s only $29 million in the governor’s budget to address the $200 million Corrections needs for deferred maintenance. Brian Arthur, assistant director of fiscal operations for administrative services, clarified that the $29 million is made up of $2 million that Corrections regularly receives for deferred maintenance, and a one-time allocation of $27 million to address a specific need.  

“Senator, just so you’ll know, that $27 million is the locks which were broken as of late July of last year. So that does not replace every lock in corrections across the state,” Sandy said. 

“What did your office request of the governor for deferred maintenance?” Barrett asked, seeking clarification.

“We have itemized what jobs need to be done: roofs, locks, etc. And the governor’s office makes the decision on what they feel the state could afford,” Sandy said.

“But you outlined that there’s $200 million in deferred maintenance?” Barrett continued.

“We have for six years sir,” Sandy said.

Staffing Jails And Celebrating Farms, Forests On This West Virginia Morning

On this West Virginia Morning, the state’s jail system is stretched to a breaking point. Even with various programs, incentives and pay raises to encourage more West Virginians to serve as correctional officers, there are still severe vacancies.

On this West Virginia Morning, the state’s jail system is stretched to a breaking point. Even with various programs, incentives and pay raises to encourage more West Virginians to serve as correctional officers, there are still severe vacancies.

Legislative reporter Chris Schulz sat down with Sen. Mike Caputo, D-Marion, and Del. David Kelly, R-Tyler, on The Legislature Today to get their take on the situation and moves in the West Virginia Legislature to help fix it.

Also, in this show, West Virginia’s farms and forests were on display Monday at the Capitol. Government Reporter Randy Yohe has more.

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

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