Published: September 14, 2009 09:55 pm      

Regional jails see sentencing trend

CHARLESTON — A trend has emerged within the past three years that sees fewer inmates sentenced to West Virginia’s regional jails for minor crimes but that has made only a dent in overcrowding.

Since 2007, the number of misdemeanor sentencings has fallen by 1,935 inmates, Regional Jail Director Terry Miller told a legislative panel Monday.

In a 12-county southern region, only two counties bucked the trend.

Monroe, for instance, has committed 34 such inmates this year, contrasted with 20 the previous year and five in 2007.

Nicholas County witnessed an upswing from 201 in 2007 to 284 this year.

Overall, the downward trend is a positive sign at a time when prison overcrowding is a major concern, suggested Delegate Dave Perry, D-Fayette, co-chairman of the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority.

“That’s positive,” Perry said, adding that the effect of day reporting centers and other community corrections efforts cannot be underestimated.

Even with this trend, however, Perry said the Legislature faces a huge task in easing crowded prisons.

“It’s not adequate to address the number of beds available,” he said.

“If you look at the Division of Corrections numbers, there is still a large number of inmates that are housed in regional jails that should be in the DOC.”

As of the last headcount taken Thursday, the 10-facility jail system contained 3,962 inmates, or 1,178 above the maximum for which they were designed.

Among that number were 1,299 inmates sentenced to state prisons, and 159 federal inmates, Miller’s report indicated.

An extra 270 bunks have been added this year, leaving 699 in excess of total bunks.

Southern Regional Jail in Beaver had 506 inmates, including 71 awaiting transfer to state prisons, and 27 federal inmates.

“As outside programs have developed, such as day report and alternative sentencing, that has caused a downward trend,” Perry said.

Sen. Bill Laird, also D-Fayette, pointed out that day reporting centers are operating in all but four of the 55 counties.

Corrections Commissioner Jim Rubenstein cautioned the committee that his agency is functioning at capacity, unable to accept the state prisoners now in regional jails.

If that trend holds sway, the backlog of state convicts in regional jails will swell to 3,500 by the end of 2012, he warned.

Gov. Joe Manchin has commissioned a special task force to study prison overcrowding, and a fresh look at its findings its due today before Judiciary Subcommittee C.

Miller pointed out that 4,742 arrests for first-time driving under the influence were taken to regional jails this year.

“That’s something we can look at on sentencing structuring,” he said.

Miller’s agency also is facing 96 vacant positions, and emphasized that none is considered frozen.

“You always have some empty positions,” he told the panel.

Miller said the authority has begun to “aggressively” rev up its recruiting and retention program.

Other counties with misdemeanor sentencing this year included:

Boone, 107, down from 164 in 2007; Clay, 60, a drop from 84 two years ago; Fayette, 168, compared to 185 in 2007; Greenbrier, 115, down from 252 in 2007; McDowell, at 51, compared to 61 in 2007; Mercer, 76, compared to 97; Pocahontas, 44 this year, 80 in 2007; Raleigh, 110 this year compared to 284 two years ago; Summers, 16 this year, 31 in 2007; and Wyoming, 45 misdemeanor sentencings this year, contrasted to 54 in 2007.

— E-mail: mannix@register-herald.com