OVERCROWDED W.VA. JAILS ARE STILL A PROBLEM

Conditions are crowded in the Mountain State's correctional facilities, and
some say this problem is leading local judges to find alternatives to
incarceration.

Reccurring problems regarding crowded conditions in West Virginia's
regional jails have spurred numerous remedial actions by the West Virginia
Division of Corrections and the West Virginia Regional Jail and
Correctional Facilities Authority. Efforts by these state departments
include erecting two new regional jail facilities, which are not yet
complete; building additional cells at existing facilities and finding more
advanced methods of calculating and monitoring population and recidivism
within their walls. However, these solutions do not seem to be eliminating
the problem. "It's common knowledge throughout the state that the jails and
prisons are overcrowded," said Steven Fox, state DOC movement coordinator.
"The primary problem is we don't have enough facilities."

While building more facilities may seem like an easy solution, Fox reported
it takes an average of five years to erect a new facility. It also costs
millions of dollars to finance such a project, making it a slow and often
unrealistic remedy.

However, the RJA and DOC did confirm alternative options have been
established, and West Virginia judges allegedly are considering facility
populations and available alternatives when sentencing some defendants.

"These are issues before the Supreme Court as we speak, but there is no
immediate relief short of revising sentences," said Fox. "Judges are even
taking sentences into consideration because of this."

This may be the case with some judges in the state, but not all. Marshall
County Circuit Court Judge Mark A. Karl reported he believes those who need
institutionalized rehabilitation should be sentenced to a correctional
facility. He added that he does not hesitate to issue such a sentence.

Marshall County Circuit Court Judge John T. Madden, however, confirmed that
he does consider such issues when sentencing certain defendants.

"Facilities are very crowded, and I do try to find alternatives for
non-violent offenders," said Madden. "Sometimes incarceration isn't the
most appropriate rehabilitation for these offenders. Programs for whatever
their problem may be aren't always available to them in the jails because
of crowding or because they aren't offered, and they will have more
opportunity to get the treatment they need elsewhere."

Madden reported a widely-used alternative to be the Day Report Centers, one
of which is located in Wheeling. This type of probationary sentence, often
used in connection with drug-or alcohol-related and domestic charges,
allows offenders to continue working and supporting themselves and their
families while being rehabilitated.

The centers, which recently have been established state-wide with local
facilities in Ohio and Hancock counties, offer counseling on drug abuse,
alcohol abuse, anger management and violence, as well as acting as behavior
monitoring facilities. Those assigned to the Day Report Centers are
required to report to the facilities at intervals designated by the
sentencing judge. They may be required to report daily or weekly, depending
on the severity of their crime and their individual circumstances.

These types of facilities are reportedly being used frequently in
sentencing in Ohio, Brooke and Hancock counties as well, but judges for
these judicial circuits were unavailable for comment this week. According
to reports from the Hancock County Probation office, the report centers
have saved these counties hundreds of thousands of dollars that otherwise
would have been consumed by incarceration expenses.

In addition to the Day Report Center, Madden explained there are other
options for sentencing, such as probations and house-arrest/detention.
Madden added, however, that the day report centers seem to be a more
promising alternative.

"We believe it (report centers) will have a positive effect on
rehabilitation," said Steve Canterbury of the RJA. "It will get those who
could serve their time elsewhere out of the prisons and free up that space."

Canterbury went on to explain the nature of the report centers facilitates
rehabilitation and recovery in specific groups of offenders, and the
additional space in correctional facilities will enable those inmates in
those facilities to make better use of and reap greater benefits from the
rehabilitation programs offered to them.

This opinion was echoed by Madden, who said he often receives letters from
inmates stating they are unable to participate in many of the
rehabilitation programs offered to DOC prisoners because, while waiting to
transfer to DOC facilities, they are housed in the regional jail system
where these programs are not offered.

One such letter, from an offender sentenced to no less than one year and no
more than 10 years, stated, "I've been housed in the West Virginia regional
jail system awaiting transfer to a DOC facility. These jails are not
properly prepared to provide me with the necessary classes that I need for
parole purposes, nor are they able to provide me with the proper treatment
that I need for my drug and alcohol problem.

"I'm writing you this letter, not to get out of my time, but to hopefully
get some help in getting to the proper facilities so that I can get the
help that I need to ready myself for when I'm released back into society."

The fact that DOC prisoners are being housed in regional jail facilities is
reportedly a result of a West Virginia Supreme Court of Appeals ruling that
states there can be no overcrowding in West Virginia prisons. The ruling
came after numerous allegations of overcrowding within DOC facilities
causing programs and provisions to be inadequate for facilitating
rehabilitation.

As a result of this ruling and an increasing number of inmates, DOC
prisoners are being temporarily housed in the eight regional jails
throughout the state as they await an opening at a DOC center. Some have
reported being in the regional system for up to a year or more before
receiving their transfer, and the regional jails are not always equipped to
rehabilitate these types of inmates.

"I have received several letters from inmates reporting the crowded
conditions at the regional jail and requesting to be transferred to DOC.
Some of them can be heart-wrenching, because they really want to take
advantage of the DOC rehabilitation programs," said Madden. "I have to
consider the source of the letter, the inmate's reason for being there and
their reason for writing and evaluate each on an individual basis. Some
requests are granted, but not all."