W.Va. Jails Still Overcrowded As DCR Responds To Outbreaks

West Virginia corrections officials are responding to more than 250 active cases of the coronavirus in state prisons and regional jails, the latter of which were mostly over capacity on Tuesday.

Advocates, who say that overcrowding makes social distancing nearly impossible, are requesting that the Justice administration take more action to reduce the number of people being held pretrial, and to protect those incarcerated long-term.

“Within regional jails, it’s impossible for social distancing,” said Greg Whittington from West Virginia Family of Incarcerated People and the ACLU. “It’s just a powder keg for COVID-19.”

By Tuesday afternoon, all but one of the state’s jails was overcrowded, and state leaders were monitoring COVID-19 clusters of 10 or more people in five facilities.

That includes outbreaks in two state prisons, which, unlike regional jails, were under capacity on Tuesday.

The state’s largest active outbreak Tuesday was at Northern Regional Jail, where nearly 170 incarcerated people had tested positive for the coronavirus and not yet recovered. This facility, located in Marshall County, was roughly 150 people over capacity Tuesday afternoon.

More than 1,200 prisoners and 450 employees have had the virus since DCR’s first confirmed employee case in April.

Meanwhile, staff for the Division of Corrections and Rehabilitation have been implementing the same COVID-19 policy since March.

“These people have done an unbelievable job, an unbelievable job, looking after and serving our inmates and doing great work,” Justice said of DCR on Friday.

Overcrowding isn’t new to the state of West Virginia — shortly before the state began responding to the pandemic, Justice signed House Bill 2419 into law, to release more people being held pretrial for nonviolent charges.

And less than two months after state officials first began responding to the pandemic in March, West Virginia jail populations dropped by almost 30 percent. This likely was a result of guidance from the state Supreme Court, to release more nonviolent offenders.

But somehow, the state is back where it started, with roughly 1,400 people more than the state’s systemwide regional jail capacity. In August, several magistrates told West Virginia Public Broadcasting they were implementing new laws and guidance from the Supreme Court to the best of their ability.

Whittington says criminal justice officials aren’t enforcing the law consistently.

“These are simple things, simple legislation that we have had over the last year or so, that if they actually did it, right, would make a difference,” Whittington said.

In addition to asking for more consistent enforcement or these laws to reduce overcrowding, advocates are requesting increased testing, and more transitional housing options for people who have nowhere to go after they’re released.

All of this, said Whittington, could be covered by a portion of the state’s leftover CARES Act funding. The state initially received roughly $1.25 billion to spend on relief programs for those experiencing fallout from the pandemic. On Dec. 6, MetroNews reported that the state still had $800 million left, which it must spend before the year is up.

And with the first doses of a COVID vaccine already in West Virginia, Whittington says he hopes staff and incarcerated people are among those prioritized.

“Regional jails and prisons are one of the larger employees in the state. It’s pretty naïve of us not to think they’re carrying that back to their families,” Whittington said. “And that’s why we’ve had to push to have people in regional jails and prisons vaccinated, along with correctional staff.”

The governor’s office included DCR staff in Phase 1-B of its plan for allocating the COVID-19 vaccine on Friday.

Corrections staff will be vaccinated as doses are available with other essential, high-risk employees working in community infrastructure and emergency response.

State health officials are prioritizing workers who are at a higher risk for COVID-19 before the general public, which Justice said he hopes to begin vaccinating in March 2021.

The governor’s office has not provided details on vaccinating people incarcerated in state correctional facilities.

State health officials continue testing about 10 percent of DCR staff regularly, for surveillance.

They’re also continuing to monitor jail and prison outbreaks. In addition to the nearly 170 COVID-19 cases at Northern Regional Jail, roughly 30 people have tested positive for the virus between jails in Braxton and Berkeley counties, both of which were over capacity Tuesday.

Almost 60 people have tested positive and not recovered between prisons in Marshall, Taylor and Pleasants counties. Another 46 DCR employees also had tested positive and not recovered by Tuesday.

Emily Allen is a Report for America corps member.

W.Va. Corrections Testing All Of Charleston Jail Population For Coronavirus

West Virginia corrections officials will test all people incarcerated at the South Central Regional Jail for the coronavirus this week, after reporting eight prisoners with COVID-19 there on Monday. 

The Charleston jail was on lockdown as of Sunday night, according to a press release from the DCR. Diagnosed prisoners were quarantined to two housing units with the 29 others they had contact with. 

The DCR reported 17 employees had COVID-19 Monday afternoon.

At least 10 of those employees work for the Southern Regional Jail in Raleigh County, according to Gov. Jim Justice, where another prisoner also tested positive has recently recovered from the coronavirus, according to the DCR.

The DCR said Sunday it was monitoring the situation in Raleigh County for more cases.

“I don’t know how we’re going to do it because testing supplies and testing availability in labs and so on like that,” Justice said during an online press briefing Monday. “But we need to develop plans right now to go back through and retest every single person that’s in all the nursing homes again. And, we need a plan to be able to go through and retest every person in our correctional facilities again.”

Retesting all of the state’s incarcerated population and corrections staff for the coronavirus would be a “daunting” task, Justice said, due to the state’s other system-wide testing needs in universities and potentially long-term care facilities.

There are also several hundred more people in the state’s regional jails than there were in June, when the DCR first tested everyone in its custody and employment after an outbreak at the Huttonsville Correctional Center in late May. Tests were administered then by in-house medical providers, according to DCR spokesperson Lawrence Messina.

Eight out of West Virginia’s 10 jails are over capacity, according to coronavirus data from the DCR Monday.

The Charleston jail had about 70 more prisoners than its bed count on Monday, and the Raleigh County jail had roughly 270 more people than its bed count. 

Messina called the over-crowding “challenging” in an email to West Virginia Public Broadcasting Monday, but said each facility is still “able to medically isolate and quarantine inmates in accordance with the DCR’s response policy for COVID-19.”

More than half of the jail populations in each facility were pretrial defendants, according to a press release from the DCR Sunday night.

At Southern Regional Jail, Messina reported Monday 75 people were there on state misdemeanor charges, about 320 on state felony charges and just under 30 as federal pretrial defendants.

At South Central Regional Jail, Messina reported 45 people were there on state misdemeanor charges, almost 200 on state felony charges and about 65 as federal pretrial defendants.

Staff for the West Virginia Supreme Court of Appeals asked county prosecutors in March to identify and release pretrial defendants who don’t constitute a public safety risk, making them eligible for pretrial release.

That guidance is still in place, according to spokesperson Jennifer Bundy, who said the court still regularly sends county judges and magistrates a list of eligible pretrial defendants.

Supreme court staff reminded county judges on June 30 to reconsider who it sends to jails, according to Bundy. 

Earlier in the pandemic, jail counts dropped from 5,200 people on March 2 to 4,100 April 20. But by late May jail populations began creeping upward, despite legislation that went into effect June 5 to reduce the number of pretrial defendants behind bars.

All 10 jails combined have more than 1,100 people over capacity, according to DCR data Monday afternoon. The DCR reports none of its prisons are over capacity.

In June, the DCR reported one prisoner who had died there on July 17 had tested positive for the coronavirus on July 21. Corrections officials said COVID-19 was not a contributing factor to the death of the Mount Olive prisoner, who was in hospice care for stage 4 metastatic cancer.  

This story was corrected on Tuesday, August 11, 2020, to reflect that none of the state’s prisons are over capacity according to the DCR. This story previously stated the Mount Olive Correctional Center in Fayette County was over capacity.

Emily Allen is a Report for America corps member.

COVID-19 Cases At Huttonsville Exceed 100; State Jails Again Over Capacity

Advocates are renewing calls to test and reduce the state’s incarcerated population, as its jails are once again overcrowded and more than 100 people have tested positive for the coronavirus in a state prison.  

One of those advocates is Lida Shepherd, program director of the American Friends Service Committee, who is working on criminal justice reform in the state, along with West Virginia chapters of the ACLU, Americans for Prosperity and others.

“We think that it’s not hyperbole to say that a person who has not even been convicted of any crime could be facing a death sentence with the threat of COVID,” Shepherd said of the hundreds awaiting trial in state jails. 

The population count in the state’s 10 regional jails dropped from 5,200 people on March 2 to almost 4,100 people on April 20. But numbers from the Division of Corrections and Rehabilitation show it was back up this week at more than 4,500.

That’s about 300 people over capacity, system-wide, with six out of 10 jails on Tuesday holding more people than their prescribed bed count.

The state’s 11 prisons were all under capacity on Wednesday. That includes the Huttonsville Correctional Center in Randolph County, where more than 100 people have tested positive for the coronavirus.

There were fewer people in jail earlier in the pandemic because police were making fewer arrests, more people were on parole and more low-risk, pre-trial defendants were released without cash bond. But now that in-person hearings have resumed and the Justice administration has eased social distancing guidelines, allowing law enforcement to take more people into custody, jail populations will only grow more and experience increased turnover, said Division of Corrections and Rehabilitation Commissioner Betsy Jividen.

During a Wednesday virtual press briefing, Jividen stated the DCR continues to review its protocols for testing as jails take on more people. She said the DCR is closely watching the Huttonsville prison in Randolph County, and how the virus has spread among the asymptomatic. 

“It is going to instruct us on further operational ways to protect the population and in turn the community,” said Jividen, referring to the Huttonsville outbreak.

Gov. Jim Justice said during the same briefing he’d like to see the state test more than 9,300 people in the state’s custody, including the more than 4,700 people in state prisons, “as we continue to expand our testing capabilities.” 

Corrections spokesman Lawrence Messina said Wednesday evening the DCR is “committed to carrying this out,” and continues to discuss resources and strategy with state health care leaders.  

The governor confirmed last week that a 62-year-old man at Huttonsville was the first known prisoner in state custody to contract the coronavirus. Since then, the number of positive cases at Huttonsville has surpassed 100, with eight employees and 102 prisoners having tested positive by Wednesday afternoon. More than 300 tests were still processing in West Virginia labs. 

It’s exactly what advocates say they worried about: people living in close quarters who might not be experiencing symptoms could infect each other, without the ability to stay at least six feet from other other people.

Through a statewide policy the DCR shared in April, facilities have enhanced cleaning procedures, Jividen said, and everyone is supposed to be provided with a mask. Further, in-person visitations have been canceled for now. The division has not posted policies developed by individual jails and prisons, for how they plan to enforce spacing requirements and mask-wearing. 

“I think that there is still some inconsistency in terms of the precautions being taken in those facilities,” said attorney Jennifer Wagner from Mountain State Justice, which helped file legal action against the DCR for its handling of the pandemic in March. “But I think the really important thing to think about is that there is really no way for people to be able to maintain effective social distancing when they’re in a congregate setting. … The risk is never going to be zero, as long as we’re keeping people shoulder to shoulder in congregate settings.”

The roughly 1,030 people incarcerated at Huttonsville were all tested before Monday — plus about 30 people at the nearby work camp.

Outside Huttonsville, 43 tests were conducted total throughout the other 10 state prisons. In the state’s 10 regional jails, only a little over 90 tests have been conducted, according to data from the DCR provided Wednesday. 

“This testing is going to have to be on a periodic basis, you know, because there is this turnover in facilities,” said Shepherd from the AFSC. “I think, inevitably, this isn’t going to be just a one-time thing. This is going to have to happen over time, while also doing everything we can to reduce the incarcerated population.”

Shepherd and others on a coalition for criminal justice reform have advocated for reduced jail and prison populations for the pandemic since March. 

The group supports reducing the state’s traditionally overcrowded regional jails in general, even rallying behind a bill in the last legislative session for parole and bail reform for certain pre-trial defendants. That legislation is slated to take effect June 5, 2020.

Shortly before the governor’s press briefing, Randolph County Del. Cody Thompson, a Democrat, wrote the governor requesting statewide testing for all corrections staff and prisoners, stating concern specifically for Randolph County’s Tygart Regional Jail. That facility was nearly 80 people over capacity as of Wednesday.

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.

 

Exit mobile version