Amid overcrowding and unsafe conditions in West Virginia jails, state lawmakers introduced bills that would allow judges to take a 'second look' at an individual's original sentence.

If a court determines they no longer pose a threat to the community, the person could be released, placed on supervision, or receive a shortened sentence.

Sara Whitaker - criminal legal policy analyst with the West Virginia Center on Budget and Policy - said West Virginia is one of the few states that has seen its prison population balloon over the past decade, despite declining crime.

She noted that as of last month, more than 500 people in the state were in jail awaiting transfer to a prison.

"As a result, eight out of 10 of the regional jails in the state were beyond capacity," said Whitaker, "with hundreds of people assigned to sleeping on the floor."

The bills failed to advance this session, but Whitaker said advocates are hopeful lawmakers will consider them next year.

The state's jails remain among the deadliest in the country, with at least 91 people losing their lives while incarcerated in the past few years.

According to the West Virginia Center on Budget and Policy, jail bills cost counties $45 million in 2022.

Nationwide, long sentences have led to growth in the number of older people behind bars.

Whitaker pointed out that 'Second Look' legislation could help the state avoid turning its prisons into nursing homes, and said the number of elderly people in prison has tripled in the past two decades.

"In 2019, West Virginia had to open a dementia unit in one of its prisons," said Whitaker. "There are hospice units across multiple prisons. And experts predict that this is just only going to get worse."

Whitaker added that 'Second Look' policies also offer a way to correct past racial injustice in the criminal legal system.

Black people incarcerated in West Virginia are four times more likely than white people to be serving a life sentence with the possibility of parole, and five times as likely to be serving a life-without-parole sentence.




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The U.S. Department of Justice has released a report on the state of Georgia's prisons, citing horrific conditions and extreme violence.

The investigation found the state has failed to protect incarcerated individuals, leaving them vulnerable to abuse, neglect and gang violence.

Kristen Clarke, assistant Attorney General for civil rights, said urgent action is needed to help keep people behind bars safe.

"We uncovered long-standing systemic violations stemming from complete indifference and disregard to the safety and security of people Georgia holds in its prisons," Clarke reported.

The Justice Department's report uncovered an unconstitutional risk of sexual violence against LGBTQ+ people. From 2018 to 2023, there were also 142 reported homicides, with a nearly 96% spike in 2021 and 2023.

Ryan Buchanan, U.S. Attorney for the Northern District of Georgia, highlighted the report's findings of widespread mismanagement in Georgia's prisons. He said a lack of supervision has allowed gangs to take control of key prison functions.

"Gang members have co-opted certain administrative functions like bed assignments from the Department of Corrections," Buchanan pointed out. "They have extorted money from the family members of incarcerated people."

The Justice Department is recommending urgent reforms, including increased supervision, better staffing and improvements in how those incarcerated are classified and housed. Officials expressed their commitment to working with state authorities to quickly implement changes.


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Recent problems in South Dakota prisons have concerned lawmakers, corrections commission members and family members of those incarcerated, who formed a new support group.

South Dakotans Impacted by Incarceration was formed this year, after the state's Department of Corrections in March suspended calls and messaging on tablets used by people in prison due to what it called an "investigation." The services were eventually reinstated.

Nieema Thasing, co-founder of the advocacy group, said the department's lack of communication on the issue was one of many reasons she started the group, which hosted its first public meeting last month, attended by some lawmakers, sheriffs and other officials.

"They were all taken aback because they had no idea that these things were happening because they had been getting it from other people trying to soothe everything away."

The South Dakota Corrections Commission also met last month for its first meeting since October 2023 and members expressed concerns about the Commission's role. Member David McGirr said the commission "is not serving its intended purpose," according to meeting minutes, and requested a legislative review of the commission.

Erin Vicars, another of the group's co-founders, said she could "go on and on" about major problems at the state's prisons. Her list includes health care access, lack of in-prison jobs, lockdowns, changes in commissary items, food quality and a lack of transparency from prison leadership.

"People often forget that prison itself is a punishment, not the conditions," Vicars pointed out.

The group is planning another meeting this month. Meanwhile, the state has allocated more than $650 million combined toward a planned men's prison in Lincoln County and a women's correctional facility in Rapid City.


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Today, advocates in North Carolina are kicking off a 136-mile "Walk for Commutation" to raise awareness about those on death row who could soon face execution.

Organized by the North Carolina Coalition for Alternatives to the Death Penalty, the walk is part of a larger push that calls on Gov. Roy Cooper to commute the death sentences before he leaves office.

Noel Nickle, executive director of the North Carolina Coalition for Alternatives to the Death Penalty, stresses the urgency as the state prepares for a change in leadership.

"There's really no denying the racism of the death penalty," Nickle explained. "There's also no denying that death sentences have dramatically decreased. Most people on death row were sentenced more than 20 years ago. People are aging. They are no longer, if they ever were, a threat to our communities. We know that the death penalty doesn't keep us safe."

North Carolina has not executed anyone since 2006, but concerns are growing that the state may follow South Carolina's recent decision to restart executions after a 13-year pause.

Nickle called attention to the racial and geographic disparities in death penalty cases. She explained that 60% of the people on death row are Black despite them making up a smaller share of the state population, and added that being put on death row can sometimes depend on where you live.

"For example, we'll be walking through Chapel Hill and Durham as well where there's no one on death row and where the district attorneys have said -- in fact, they were elected on a platform of not seeking the death penalty," she said.

Nickle added the coalition's goal is to spark a statewide conversation about the death penalty's flaws and the urgent need for reform. The walk will begin outside of the Forsyth County Courthouse and conclude on Oct. 10, which is World Day Against the Death Penalty.


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