Justice Signs Bills To Stem State Corrections Crisis

Gov. Jim Justice said the state should have responded to corrections officer vacancies and facility maintenance needs two years ago.

Speaking at the Gene Spadaro Juvenile Center in Mt. Hope, Gov. Jim Justice said the state should have responded to corrections officer vacancies and facility maintenance needs two years ago.

“In many ways the government sometimes never works,” Justice said. “Or often never works as quickly as what we want it to. But thank God we’re here today, because now we’re on a pathway of making things better.”   

Three of the six bills Justice signed, Senate Bill 1005, Senate Bill 1004 and Senate Bill 1003, provide about $30 million and are designed to reduce vacancies in the state’s jails and prisons, increase pay scales for correctional officers and offer retention incentives for all non-uniformed correctional staff.   

The new legislation will increase the starting salary for a correctional officer from $35,514 to $40,000. At the end of their second year of service, the salary will be $48,000. 

Correctional officers, categories three through seven and all non-uniform staff, will begin to receive an annual increase of $250 in 2024. Current correctional staff will receive two retention incentives totaling $4,600, with the first effective increase in October and the second scheduled for March 2024. 

Senate Bill 1039 provides $100 million for deferred maintenance. Senate Bill 1006 updates temporary identification cards for released inmates. 

Senate Bill 1009 prohibits the use of state funds for certain procedures or benefits considered not medically necessary. Critics of that bill say it could be used to deny gender-affirming medical care to transgender inmates.

Justice said that more may need to be done for corrections issues.  

“We’re on a pathway to hopefully be able to have adequate staffing, to where everybody can do their job safely, and do their job correctly, and do their job humanely,” Justice said. 

A lawsuit filed last week on behalf of state inmates calls for $330 million to be spent by the state in corrections, including $60 million to avert the employment crisis and $270 million in statewide jail and prison maintenance. The suit addresses alleged inhumane jail and prison conditions among other issues. 

West Virginia Corrections Commissioner Billy Marshall called the suit “an insult to employees and the Department of Corrections and Rehabilitation” and said “in interviews taken by DCR [there] just simply wasn’t the evidence that supported any of those claims that, that complaint has listed.”    

Faith Groups Meet To Discuss Corrections Crisis 

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Shortly after Justice’s speech, the West Virginia Council of Churches gathered at Saint Marks Methodist Church in Charleston. Leaders in faith and activism spoke about different aspects of the crisis of the correctional system and possible solutions. Many speakers thanked Justice, and the state Legislature, for passing and signing bills to address the issues. But every speaker said there is more to be done.

Bishop Mark Brennan of the Roman Catholic Diocese of Wheeling/Charleston attended the event. He works with the Catholic Distance University in Charleston that helps inmates get job training and degrees while incarcerated. He said that in the teachings of Jesus Christ there are no exceptions to loving thy neighbor.

“That is why the incarcerated, as well as those who guard them deserve respect and proper conditions,” Brennan said.

Low pay leading to hundreds of vacancies, deferred maintenance of prison facilities, and a lack of resources for current and released inmates were aspects that many speakers said needs continued attention and assistance.

Beverly Sharp worked in the carceral system for 30 years. Now she works with people coming out of prison and jail as the executive director of the REACH initiative. She said it’s going to take hundreds of millions of dollars more and major policy changes.

“They just touched the tip of the iceberg, and so now they have to address the iceberg,” Sharp said.

She said that $300 million worth of deferred maintenance didn’t happen overnight. It happened over an extended period of time.

“When you talk about that much deferred maintenance, you’re talking about locks that don’t work — that makes it unsafe for staff. That makes it unsafe for people living there. When you talk about running water, or plumbing, or electrical, or all those things, they are not only unsafe, they are inhumane conditions,” Sharp said. “And we are called to be the hands and feet of Christ and to treat everybody like a human.”

Lida Shephard works with the West Virginia Council of Churches Prison Ministry and said that she hears stories of inhumane conditions from ex-inmates as well.

“We’ve spoken with women who talked about three inches of sewage water that was in their cell, no access to feminine hygiene products, no easy access to toilet paper,” Shephard said.

Many speakers talked about the high cost of phone calls between inmates and their friends and families. According to the Prison Policy Initiative phone calls out of West Virginia, jails can cost up to $13 an hour, which Shephard said makes it hard for inmates to maintain ties with family and friends.

Many more issues were raised during the hour-long event, like preventing recidivism, proactive justice, private versus governmental carceral systems and products, prison-pipelines, overdoses while incarcerated and mental health.  

Sharp, from the REACH initiative, said that more money from the budget surplus could help the crisis.

“They can only fix those when they are given the funding and the empowerment to be able to do that,” she said. “And that comes from the very top that comes from the governor’s office, down through the legislature to the commissioner.”

Fixing W.Va. Corrections Crisis Has Hints Of Possible Resolution

Legislators say fixing the state’s corrections crisis is not just about money. And when it does come to money, they say it’s not just about a one-time funding fix.

Legislators say fixing the state’s corrections crisis is not just about money.  And when it does come to money, they say it’s not just about a one-time funding fix. 

Information from the WV Department of Corrections and Rehabilitation shows there are still more than a thousand open jobs overall. The vacancy rate for corrections officers alone is more than 33 percent. The state’s correctional system consists of 11 prisons, 10 regional jails, 10 juvenile centers and three work-release sites.

In a media briefing earlier this week, Gov. Jim Justice said there may be some steps taken toward resolution next month.    

“It’s likely in August before we can have a special session,” Justice said. “Our folks are meeting constantly with the folks upstairs.”

Folks upstairs means legislators. Rep. David Kelly, R-Tyler, and House Jails and Prisons Committee Chair, said the meetings are constant and moving toward a consensus.

“We’ve been working diligently through the summer,” Kelly said. “We’re trying to come up with a plan that everyone can get behind. I think we’re getting closer and closer, and it would be my hope and my desire that we could present something in our August interim legislative meetings.” 

Kelly said there are issues that need to be resolved besides the low pay scale for West Virginia corrections personnel when compared to border states. 

“There’s a lot of factors that go into these discussions,” Kelly said. “One of the things is, how can we make a pathway forward to try to reduce the overcrowding there?”

Kelly said discussions also include incentives to recruit corrections personnel other than simply using money. He said possible college payments were under discussion, but said there has been no talk about subsidizing childcare.  

Kelly said the often-discussed raises, locality pay and possible bonus amounts have not been agreed upon. He did say however, that they will not be packaged as a one-time funding fix, but designated over perpetuity – as “base building.”        

“If any legislation is passed,” Kelly said. “It will be built into the budget every year thereafter. That’s what I mean by ‘base building’.”

Kelly said keeping 379 national guard members working corrections jobs under an emergency executive order, duties costing taxpayers $20 million a year, can’t last.

“Those numbers are unsustainable,” Kelly said. “We’ve got to find a pathway forward, to turn the light out above the dome, and to get people through the door that can be hired and that we can retain.”

Justice began his correction crisis comments by giving a potential resolution date and expressing hope for a conclusive outcome. He ended those comments with not quite as much optimism..

“There’s no point in calling a special session, spending your money for two or three days or a week or whatever it may be,” Justice said. “To listen to 15 different solutions and go nowhere. We don’t need that. We’ve got to come to an agreement, and we’re working on it.” 

Another Inmate Dies In W.Va. Custody

A thus-far unnamed 30-year-old Mercer County man was found dead Friday morning by apparent suicide at the Southern Regional Jail, according to authorities with the Division of Corrections and Rehabilitation.

Another incarcerated person in West Virginia has passed away in custody. 

A thus-far unnamed 30-year-old Mercer County man was found dead Friday morning by apparent suicide at the Southern Regional Jail, according to authorities with the Division of Corrections and Rehabilitation.

Andy Malinoski, director of marketing and communications at the West Virginia Department of Commerce, said in an email to West Virginia Public Broadcasting that no additional information is available at this time as the incident is under investigation by the Department of Corrections and Rehabilitation Criminal Investigation Division.

“The West Virginia Division of Corrections and Rehabilitation is committed to the safety, quality of life, and wellbeing of those in the care of the legal system in our state,” Malinoski said. “We empathize with the friends and families of those that have experienced the loss of a loved one that was placed in our care.”

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 claim in many of these cases, a person died shortly following their arrival, sometimes within 24 hours.

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

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.

Just days after the protesters marched into the state capitol to hand deliver a petition to Gov. Jim Justice, family members of William Samples identified him as the latest death of an incarcerated individual in West Virginia jails on March 14.

During the rally, the Poor People’s Campaign called for a federal investigation into the ongoing deaths at West Virginia’s jails. 

West Virginia State Police are investigating Samples’ death.

Service To Protect Crime Survivors Expands To Include W.Va. Jails

 

An informational network that is designed to help crime and rape survivors in West Virginia check an offender’s custody status has expanded to include all regional jails in the state.

The West Virginia Division of Corrections and Rehabilitation has widened the reach of its Victim Information and Notification Everyday network, or VINE. 

VINE is a free service that allows survivors to anonymously check an offender’s custody status by phone, internet and mobile app. Survivors can also receive real-time alerts of changes to an offender’s custody status via app, phone, email and text.

VINE now includes all ten regional jails in West Virginia. Prior to the expansion, the service only covered the state’s prisons.

In a press release from the Division of Corrections, Tonia Thomas, a team coordinator with the West Virginia Coalition Against Domestic Violence, said the expanded service will help survivors “rest easy at night knowing where the perpetrator is.”

The service also allows victims to prepare and take extra safety precautions when their perpetrator is released. 

West Virginia began to expand VINE services to the regional jails in May.

More than 23,000 West Virginians have registered to use VINE services.

West Virginia Regional Jails Saw 15 ICE-Related Bookings Last Week

A few details are emerging about Immigration and Customs Enforcement operations reported in West Virginia last week.

The state Department of Military Affairs and Public Safety provided West Virginia Public Broadcasting Monday with a list of inmates held in regional jails on ICE-related charges.

Records show fifteen people were booked last week in West Virginia regional jails on ICE charges. Fourteen were booked in the South Central Regional Jail, in Charleston, and the other was booked in the Eastern Regional Jail, in Martinsburg. 

Social media was abuzz last week with possible ICE activity in the state. Morgantown and Monongalia County authorities confirmed the federal agency alerted them of operations in the area. 

Officials from those local law enforcement agencies said they did not assist in the operations.

An ICE representative said the agency was conducting “routine targeted enforcement operations” in the Morgantown area last week.

The total number of arrests from those operations is still unknown.

 

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