INCARCERATION RATE MUCH HIGHER FOR BLACKS THAN WHITES

On any weekday morning, dozens of people are crowded on four benches,
tucked into corners and any available space in the waiting area for Kanawha
County Magistrate Court.

Most of them are black.

"It's apparent if you look around the courthouse at the huge body of folks
in magistrate court that there is an overrepresentation of
African-Americans," said Barbara Brown, a Kanawha County public defender.

On Tuesday, the U.S. Census Bureau released data that shows that more than
one-third of the people behind bars in the Mountain State are black, though
blacks make up only about 3 percent of the general population.

In 10 years, the black portion of people behind bars has jumped more than
10 percent. Of the 10,505 people incarcerated in West Virginia, 6,727 are
white and 3,663 are black.

The rate is even higher among black women, who make up nearly 44 percent of
the state's incarcerated females. Overall, 18 percent of the people behind
bars in West Virginia are women.

One out of every 16 black people in the Mountain State is behind bars. One
out of every 10 black men is incarcerated.

Comparatively, one out of every 255 white people is behind bars.

West Virginia counted 4,439 people in correctional institutions in 1990.
The number of whites incarcerated in the state has doubled in the last
decade; the number of blacks behind bars has more than tripled.

The new Census data show that the disproportionate numbers start with the
youth jail population and feed into the adult population.

Last month, a report released by Carol Sharlip of the American Friends
Service Committee showed that black youths in the state go to jail in
greater proportions than white youths. Black children make up only 4
percent of the state's population, but more than 50 percent of the
juveniles tried in adult court in 1999 were black.

Jail officials and attorneys agree there are several reasons why there are
a higher number of blacks in jail, but the biggest is money.

"The high percentage of blacks in jail is a high socio-economic issue,"
said Steve Canterbury, director of the state Regional Jail Authority. "It's
more about money, you'd better believe it.

"The people who have the money have the wherewithal, education and ability
to get a lawyer to get a hearing and to pay bond."

Along with blacks, there are a lot of poor people in jail, Brown and
Canterbury said. Both point to the issue of bond, or bail.

Bond is supposed to ensure that a defendant will show up for court
hearings. When someone is arrested, he or she appears before a magistrate
or judge, who then decides how much money the person must post to get out
of jail.

Bail isn't about punishment. Yet, oftentimes it is set too high for many
poor West Virginians, so they sit in jail.

"You don't have to be a statistician to notice that being poor you're more
likely to be in jail," Brown said. "Bond is directly linked to the ability
to pay."

For example, a magistrate could ask the defendant to post property worth
$5,000 or deposit $500 cash to get out of jail. If the defendant has no
property and no money, he or she will sit in jail and cost taxpayers $43.25
a day.

There are many theories for the excessive number of blacks behind bars. No
single theory or factor can be pointed at as the sole reason for the
overrepresentation, attorneys said.

"Is it to do with race profiling or African-Americans who live in poverty?
I don't know the answer to why," Brown said. "I think it's the vestiges of
racism. There is a level of scrutiny in predominantly African-American
neighborhoods."

For years, racial profiling has been a hot button in American politics.
Blacks accuse authorities of targeting suspects based on color.

Charleston Police Chief Jerry Riffe said his department doesn't use racial
profiling. Last year, the state Legislature's auditor reviewed whether
State Police use racial profiling. The auditors' report said the agency as
a whole does not use the practice.

"We gain nothing, absolutely nothing, in arresting more of one color than
another," Riffe said.

Riffe said his officers react to 911 calls and make arrests when necessary.
"At the end of the day, when the numbers don't jive and we've arrested more
people of a color, my only response to that is it's just the way the cards
fell."

Nelson Bickley, a Charleston lawyer who has handled criminal cases for more
than 20 years, points to the war on drugs and police officers' focused
attention on certain areas as a reason why there are more inmates.

"Most of the crimes anymore have something to do with drugs. How many times
have you seen a drug bust in South Hills? It just doesn't happen," Bickley
said. "Most of the drug units are formed because of federal grants, and
they have to show their work."

Bickley said federally mandated drug sentences have pushed the prison
population up.

"The federal guidelines are supposed to equalize the sentencing," he said.
"You get people who may be on their first offense, but because of
guidelines they are sentenced to some horrendous sentence."

The general jail and prison population in the state has increased
significantly, from 4,439 in 1990 to 10,505 in 2000. Just the sheer number
of people in correctional facilities has put a strain on resources.

In the last 10 years, most county jails have closed and been replaced with
regional jails. On Tuesday, the newest regional jail, North Central
Regional Jail, opens in Doddridge County. The West Regional Jail is about
two years from being completed.

County jails in Ohio and McDowell counties are still open. Both are leased
by the state Division of Corrections for much-needed space.

Because of their limited space, jail officials are looking for alternatives
to locking people up.

Canterbury agrees that some people need to be locked away, including
rapists, murderers and armed robbers, violent people who prey on others.
But there are some defendants who could be better treated through
alternative programs like drug courts and day reporting centers, he said.

The federal prison system is also working to keep up with a bulging
population. Preston and Gilmer counties are sites of new construction by
the Federal Bureau of Prisons.