The Montgomery Herald, Montgomery, W.Va.

Local News

December 30, 2009

Committee sets sights on prison overcrowding

By Mannix Porterfield

A smoother process for handling paroles of prison inmates, and possibly easing the population crunch in penal institutions, is the intent of legislation crafted by an interims committee.

But the parole idea might not be the lone one advanced by the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority, says a co-chairman, Delegate Dave Perry, D-Fayette.

While Gov. Joe Manchin set up a special task force to look at the crowded conditions in prisons and jails, Perry’s committee decided to commission a separate report, performed by the West Virginia University Law Institute.

A report is due in the committee’s hands at the January interims session, Perry said.

“I won’t know until we see the final report,” he said when asked if additional legislation is contemplated.

Prison overcrowding has been a constant them in recent years, and the situation hasn’t improved. Some lawmakers are talking about expansion of alternative sentencing and reforms in the criminal sentencing code so that non-violent offenders aren’t put behind bars.

Otherwise, some have warned, West Virginia would have no choice but to build a new prison, costing in the neighborhood of $20 million.

One step is being taken in dealing with paroles. Under existing policy, an inmate must have a home plan approved as a requirement for release.

“This necessitates that they could have parole without assuming the family home plan has been approved,” Perry said of the bill approved by his panel this month.

“Under current practice, they have to have a home plan approved prior to being considered. This would expedite the parole process. I think it would make it a more efficient process for those who are eligible.”

Perry said he believes a number of inmates are being held back from release due to the home plan.

Before the 2010 session opens, Perry suggested his committee might draft legislation to impose tougher penalties on sexual offenses behind bars.

Within a five-year stretch, the state was hit with 21 lawsuits involving alleged sexual misconduct in penal institutions.

“Our intention is to have a piece of legislation to address that issue,” Perry said.

Based on data supplied his panel, Perry said it appears the problem is one that demands legislative action.

In a recent interims meeting, Corrections Commissioner Jim Rubenstein said the problems were confined to the Anthony youthful offender facility in Greenbrier County and a women’s prison at Lakin, Mason County. Mount Olive Correctional Complex in Fayette County wasn’t involved.

“We’re very proactive on this,” Rubenstein told the panel. “We have zero tolerance.”

— E-mail:

mannix@register-herald.com

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