West Virginia lawmakers pour around $100 million into improving the jails system. It’s not nearly enough.

West Virginia lawmakers pour around 0 million into improving the jails system. It’s not nearly enough.

Two weeks ago, lawmakers gathered in Charleston to finalize Gov. Jim Justice’s plan to funnel $21 million to increase salaries for corrections officers and address the growing crisis with West Virginia’s dangerous jails and prisons.

Earlier this year, lawmakers also put $75 million towards long overdue repairs within the system, an amount the governor said he’s going to slightly increase.

On the same day, just an hour’s drive away in Beckley, a federal lawsuit was filed that made it clear the new money is a drop in the bucket of what is needed to fill large staff vacancies and complete important repairs at the state’s jails and prisons.

In the lawsuit filed on behalf of current and former inmates, officials who run or previously ran West Virginia’s jails and prisons system said that at least another $39 million is needed to get enough people working the cell blocks and at least $150 million is required to make those cell blocks habitable.

The problem isn’t new — back in 1946, the West Virginia Supreme Court recommended a regional jail system because county lockups had become “totally unfit for human habitation,” according to the suit. It took until 1985 before the Legislature did anything about it and another 20 years for the state to completely switch over to regional jails, the suit states.

Even Moundsville, the very first state prison, was taken to task in the early 1980s when a county judge found the conditions unconstitutional, per the suit.

The current staffing and facility issues have been going on for at least a decade, and state officials running the system said they have repeatedly told lawmakers and the governor about the dire needs.

“Prior to every legislative session, we have a meeting with the budget office,” said then-Secretary of Homeland Security Jeff Sandy in a deposition earlier this year. “We provide them with our needs.”

“We told them,” he added.

Officer vacancies are a long-standing issue

With a little more than 700 vacancies in correctional officer positions, prison commissioner Billy Marshall told lawmakers this month that one jail in the Eastern Panhandle was “operating on smoke and mirrors” with a dozen officers working the floor, assisted by National Guard and civilian employees.

The raise, which would jump starting pay from $35,000 for new officers to $40,000 (about a $4 an hour raise), should help fill the ranks, according to Marshall. By an officer’s third year, they would top out at $48,000.

This isn’t the first-time correctional officers have had their pay increased; in 2017, base salary was hovering around the poverty line, at $24,000 a year. The following year, lawmakers raised the starting pay to $32,000 – officers later received a few small raises alongside other state employees.

Sen. Jason Barrett, R-Berkeley, during the recent legislative session. Photo by Will Price/WV Legislative Photography.

Sen. Jason Barrett, a Republican from Berkeley County who sits on the jails and prison oversight and finance committees, said the latest bump doesn’t put the system “right where we need to be or want to be.”

He said this session was more or less an attempt to fill vacancies among low-rung officers, often in their first couple of years, who are day-in and day-out working the floor. Prison officials told lawmakers this month these workers account for 95% of vacancies.

“The way the system is currently set up, it’s capped out for those groups, so the only option they have is either to move into an administrative role or go find another job,” Barrett said.

In order to help fill the hole, Justice called out roughly 350 National Guard personnel to work the floor in August 2022. Marshall said the stop gap is costing the state more than filling the vacancies and raises across the board.

Guardsmen working jails aren’t new either — a little more than 100 worked at 18 facilities in 2018.

Del. David Kelly, R-Tyler, who chairs the House Jails and Prisons Committee, said the funding package also allows facilities with high vacancies to pay an additional $5,000 a year. Kelly said this will target border counties, such as in the Eastern Panhandle, where nearby Maryland prisons offer starting pay at $10,000 more than West Virginia’s new pay.

One group left largely out of the mix are support staff, such as counselors, cooks and maintenance employees. While they will get two bonuses, Elaine Harris, representative for the Communication Workers of America District 213 which represents corrections workers, said that’s not nearly enough.

“The bonuses for support staff will help, but we all know that bonus will get spent immediately on things they need,” she said.

Due to the chronic staffing shortage, support staff are asked from time-to-time to work the floor as an officer for a shift. For Kenny Matthews, who served time for the better part of a decade in West Virginia, that means inmates stay locked up longer.

“I got paroled in February 2020, but my institution parole officer had to work the floor and couldn’t get my home plan finished to be released until April,” he said. “That happens all the time.”

The staffing shortages can also increase the potential for violence — while serving at Mt. Olive, the state’s maximum security prison, Matthews said 60 to 70 men were kept in the same housing unit.

“Rec time was a crapshoot,” he said. “If there’s not enough staff to let guys out to take a shower, go work out or go to their educational program, that frustration builds, that anger builds and that leads to violence.”

Prisons and jails still need work 

Gov. Jim Justice displays the signed corrections bills in Beckley. Photo courtesy the Governor’s Office.

The physical state of prisons also creates unsafe conditions — Matthews recalled seeing an officer at a regional jail lock himself inside a room, requiring inmates and guards to pull open the door to cut him loose.

Stuck doors are one thing, but Matthews said cell doors that don’t lock at all can lead to assaults.

Annual funding requests from corrections officials to the governor and lawmakers over the last few years paint a dire picture of the system.

The top priority for this year was replacing locks and doors and fences. At two prisons in the northern part of the state, officials asked for a couple million dollars to repair fences that are threatened by hill slips – when a land starts gradually falling off a hill – and rust.

In Randolph County, the Huttonsville Correctional Center needs a sprinkler system to  comply with state code — in the most recent funding request, the division said the prison was facing fines from the fire marshal’s office.

Down the road in Pocahontas County, the Denmar Correctional Center has needed elevators dating back to at least 2019 — the prison is four stories tall and one request stated handicapped prisoners must walk up stairs. Like Huttonsville, it too needs a sprinkler system because the heads are painted over.

Right off the Ohio River in Mason County, the state’s women’s prison needs a heating and cooling unit as well as a “lightning suppression system” so the facility’s electronics can still work after being struck in thunderstorms. According to its request, this issue dates back to 2006.

“They’re not asking for money. They’re just asking for better conditions.”

Stephen New, a lawyer suing to fix living conditions in jails and prisons.

The federal lawsuit filed earlier this month seeks for a judge to compel the state to significantly increase funding to fix the facilities.

While both Justice and Marshall have stated the lawsuit is “just lawyers taking advantage of a situation,” attorney Stephen New, who filed the lawsuit, said no one is looking for a pay out.

“They’re not asking for money,” he said. “They’re just asking for better conditions.”

The lawsuit pegs the division’s list of repairs at $277 million as of April 2022, about in line with the $259 million cited in the fiscal year 2024 budget proposal.

Matthews said it’s just half measures.

“Look, they put up about $100 million — that’s only a third of the bill,” he said. “You want to know what happens if I pay a third of my bills? I end up homeless. But the DCR can just keep going on.”

Gov. Jim Justice addresses a group of corrections officers in Beckley before signing several bills into law. Photo courtesy the Governor’s Office.

Last week, Justice sat in a chair underneath a canopy tent, flanked by Babydog, the current Homeland Security Secretary Mark Sorsaia and Commissioner Marshall.

After a long winded spiel about getting his daddy’s shotgun fixed, Justice was ready to sign off the pay raise and other corrections bills — but the sun canopy was wreaking havoc on the photo op. So Marshall started moving the desk out into the sunlight when a uniformed officer said, “Why don’t we just move the tent?”

“That wasn’t our greatest moment there,” Justice said.

Another official joked, “Give that man a raise.”

After inking the bill, Justice, known for pumping up every piece of legislation he signs, said this wouldn’t be the silver bullet for corrections.

“Will this fix everything?” he asked. “Maybe not. Maybe not.”

West Virginia lawmakers pour around $100 million into improving the jails system. It’s not nearly enough. appeared first on Mountain State Spotlight, West Virginia’s civic newsroom.

Former Athens housing authority director sentenced for multi-million dollar theft

Athens County Assistant Prosecutor Meg Saunders presents to visiting judge Daniel Hogan, while Jodi Rickard sits with her attorney, K. Robert Toy. Photo by Dani Kington.
Athens County Assistant Prosecutor Meg Saunders presents to visiting judge Daniel Hogan, while Jodi Rickard sits with her attorney, K. Robert Toy. Photo by Dani Kington.

ATHENS, Ohio — Former Athens Metropolitan Housing Authority Director Jodi Rickard pleaded guilty to seven felony charges on Tuesday as part of a deal with the Athens County Prosecutor’s Office.

Rickard was indicted in February on charges related to her multi-million dollar theft from AMHA. Visiting Judge Daniel Hogan sentenced Rickard to eight to 12 years in prison and ordered her to pay more than $2.3 million in restitution. She will be eligible for judicial release after five years and will spend five years on parole once she is released.

AMHA’s attorney David Mott said at the hearing, “​​This was not just a simple theft of taxpayer funds — these were funds intended to provide housing to low income residents of the county. So, this was essentially a theft of decent housing from our most vulnerable neighbors.” 

Matthew R. Eiselstein, director of communications for the Ohio Auditor of State’s office, said, “We’re proud of the efforts of our [Special Investigations Unit] team and appreciate the efforts of Prosecutor [Keller] Blackburn’s office in bringing this crime to a conclusion.”

Rickard initially pleaded not guilty to all charges, but changed her plea as part of a deal with the Athens County Prosecutor’s Office. Hogan sentenced Rickard according to the terms described in the agreement. 

At the hearing, Rickard’s attorney, K. Robert Toy, agreed with Athens County Assistant Prosecutor Meg Saunders that evidence obtained in the case demonstrates Rickard’s guilt. 

“She is remorseful, and that is something that is sincere,” Toy said. “I’ve dealt with a lot of people — usually with much smaller amounts it happens: They take a little bit, they intend to pay it back, and then they take a little more, and they intend to pay that back, and they don’t. And then it snowballed into the tremendous amount that we’re dealing with here today.” 

Athens County Prosecutor Keller Blackburn agreed. “What she did was reprehensible and wrong, but her actions after she got caught were among the best that we’ve experienced,” he said, adding that this is reflected in the plea agreement. 

In addition to prison time, the plea agreement specified that Rickard will pay $2,325,395.12 in restitution to AMHA. Saunders said that amount is based upon the Ohio Auditor of State’s investigation into Rickard’s theft, though AMHA acting director Stan Popp told the Independent the state investigation remains ongoing.

AMHA’s last released audit indicates the housing authority had $6.51 million in revenue in 2020 to provide housing for low-income residents of Athens County. 

Popp reiterated the agency’s claim that “AMHA has not experienced any reduction in the services it provides as a result of [Rickard’s] theft. However, the loss of funds has slowed AMHA’s ability to expand its services.”

When Rickard was indicted in February, investigators had identified at least $1.5 million in theft from the organization since 2015. Blackburn told the Independent at the time he believed the total amount Rickard stole was substantially greater. 

In order to pay the full amount of her restitution, Rickard forfeited 50% of assets in bank accounts held jointly with her husband; all bank accounts held by her alone; all money in her Ohio Public Employee Retirement System account and in her deferred compensation account; and all material goods obtained with stolen money.

Blackburn said it is unclear exactly how much money Rickard has in these accounts, but estimated the total amount at around $200,000. Rickard will have to pay the full restitution amount ordered based on her ability, he said.

Toy said, “She is giving up everything that she has.”

“Any restitution of funds AMHA receives will be reinvested into its mission,” Popp said. “Until an exact amount is known, AMHA is not able to be more specific.”

Popp said Rickard was not bonded, and while AMHA’s insurance may or may not cover any of the loss, the housing authority’s insurance policy limit is $250,000. 

“AMHA will never be made whole on the full loss,” Popp said.

Rickard also agreed to forfeit her Albany home and property as part of the agreement. Blackburn said that the home will be forfeited to law enforcement, with proceeds designated to pay for law enforcement investigation. Blackburn said the funding could be used to pay for the state auditor’s investigation. He added that he does not want his office to take in funding from the home’s sale and said he will seek an alternative arrangement with the court.

Rickard’s husband agreed that the property he shared with Rickard and the funding in joint bank accounts was subject to forfeiture. He was not required to accept these terms by law, and he was not indicted in the case.

“He’s going to be suffering because of her actions, and he is an unknowing beneficiary of her actions,” Toy said. 

Toy described Rickard’s family as among the victims of Rickard’s theft from AMHA.

“It’s brought huge consequences for her family and herself — for herself justified, and for her family, they’ve victims of this too, and they understand that, and they forgive her,” Toy said.

Rickard used AMHA funds to pay personal credit card debts as well as her mortgage, according to a February press release from the Athens County Prosecutor’s Office. Rickard’s credit card payments showed charges for large sums spent on vacations and the installation of an in-ground pool, the release said.

Rickard allegedly stole large sums of money from AMHA’s General Fund, which has since been closed, and falsified financial reports. Search warrant documents obtained by the Independent paint a picture of highly unusual circumstances that led to the eventual discovery of Rickard’s theft, including an audit related to a 2022 office fire, a death in Rickard’s family which prompted her to take leave and an anonymous tip.

Eiselstein, with the state auditor’s office, said, “Criminals can certainly be clever and when they have the keys to the store, they can be hard to catch. A lack of fiscal controls enabled Jodi Rickard to obfuscate her criminal actions for years. As the sole bookkeeper operating under little oversight, Rickard was able to conceal her actions by falsifying documents and altering transaction records. Previous audits had identified weaknesses in financial reporting and oversight by management, but these recommendations were never implemented which allowed her to continue her grift against the taxpayers of Athens County for years.”

According to an affidavit included in the December 2022 search warrants served on AMHA, Rickard’s activity was successfully concealed for many years in part through “a lack of Board monitoring” and “went undetected by the Board due to lack of reviews and monitoring.” The affidavit alleges the board saw only summary income statements and performed no review of bank accounts or reconciliations.

Former board chair Mary Nally recently stepped down from the position after moving to Meigs County, she said. Gregg Andrews, a local realtor and Hocking Athens Perry Community Action’s longtime Housing and Community Development Director, now serves as board chair, Popp said.

The housing authority has taken steps to address the issues which led to Rickard’s theft, including changes to its financial processes.

Athens County Court of Common Pleas Judge George McCarthy presided over Rickard’s criminal case until May 18, after which Hogan took over as judge, according to Bre Woods, who works in McCarthy’s office. The court initially requested a visiting judge on Feb. 14, the day following Rickard’s indictment, Woods said.

Woods said the court sought a visiting judge because both McCarthy and Judge Patrick Lang appoint members to AMHA’s board, which was considered a conflict.

NOTE: This story has been updated to reflect comments from the Ohio Auditor of State’s office.

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