People convicted of a second offense for selling or transporting fentanyl into the Mountain State could get up to a decade of extended supervision after serving their time, under proposed legislation being considered by Senate lawmakers.
Many of the state's recovery organizations oppose the bill, arguing it does nothing to address substance-use disorders or the overdose crisis.
Greg Whittington, director of criminal justice reform for the ACLU of West Virginia, believes the bill is not necessary.
"Put 10-year supervision on people that have been convicted of drug trafficking, and often low-level drug trafficking?" Whittington remarked. "And we already have federal legislation, the federal government picks up most of the drug crimes in the state."
Under the bill, people on probation could be required to pay up to $50 a month for the duration of their extended supervision. Supporters say it is needed to keep fentanyl off the streets. According to the American Medical Association, illicit fentanyl and fentanyl analogues continue to drive the nation's overdose and death epidemic.
Whittington believes the state should be funneling more resources toward expanding opportunities for justice-impacted people.
"This law is probably going to be one of the most damaging that I have seen in quite a few years," Whittington asserted. "It's a huge step back from what we did."
He added extended supervision also can have negative effects on communities' relationship with law enforcement.
"Take the stigma of police and authority away by having them involved in our lives, not controlling our lives," Whittington urged.
In 2019, one in 73 U.S. adults in the nation was on probation, more than 55 % of people under any form of correctional control. Nationwide, almost 1.5 million more people are on probation than in jails or prisons combined, according to a report by the Vera Institute of Justice.
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A Minnesota proposal is in the works that supporters say would end forced labor in correctional facilities.
They note the 13th Amendment was adopted nearly 160 years ago, but believe a form of slavery is still present in America's prisons. Advocacy groups point to wording in the Minnesota Constitution that there should be no slavery in the state, with exceptions for punishment for a crime. They say incarcerated people are exploited by having to work for 50 cents an hour, providing them little money to pay victims back, support their families or have resources to rebuild their lives post-release.
Aaron Ernst, who served time in Minnesota, said this overshadows other reforms.
"The rehabilitation part is kind of there," he said, "and then the reconnection to the community is just nonexistent."
While incarcerated, Ernst said he was outsourced for municipal work but would have had a hard time landing that same job after his release. The End Slavery in Minnesota Coalition is working with lawmakers on a bill for next year's session to classify these individuals as legal workers with specific rights. There are similar efforts elsewhere, but advocates say Colorado's reforms haven't ended the practice there.
By not providing a minimum wage, said David Boehnke, the coalition's lead organizer, they estimate the current pay structure in prisons steals $100 million each year from the poorest Minnesotans.
"If we want a safety system and not a slavery system, this is how we get it - we give people basic rights and basic wages," he said. "That lifts up their whole communities, and that allows people to repair harm they've caused in a meaningful way."
Groups pushing for change add that the longstanding effects of slavery are still found in incarceration numbers. Nearly 40% of people held in Minnesota prisons are Black - despite representing less than 8% of the state's overall population.
In a statement, the Department of Corrections said it's committed to providing work experiences for incarcerated individuals that improve fundamental skills and can lead into opportunities for more technical training. It said that can help create a successful re-entry.
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With demand for assistance dogs on the rise, people in two West Virginia prisons are getting involved in their training.
At Saint Marys Correctional Center and Lakin Correctional Center in West Columbia, incarcerated men and women can participate in the paws4prisons® program, learning how to train assistance dogs. They begin by teaching basic and advanced commands to rescue dogs, then graduate to training assistance dogs which learn around 100 commands.
Amanda Rubenstein, associate superintendent of programs for the West Virginia Division of Corrections and Rehabilitation, said the dogs have an effect on everyone around.
"Even the facilities in general, the other inmates that aren't in the program have so much respect for it," Rubenstein observed. "We have inmates that haven't petted dogs in years that come here, you know, 'Oh my gosh, there's dogs in prison.' They may not want to be a part of the program, but they love interacting. They love the mission."
She noted the dogs go everywhere in the facility with their handlers and sleep in kennels next to their beds.
Recent research shows veterans with Post-Traumatic Stress Disorder have seen their symptoms reduced, reporting lower rates of depression and anxiety after three months with a service dog. Incarcerated people often suffer from PTSD and Complex PTSD. Research also suggests prison-based dog training programs help people involved feel hope and develop a number of life skills.
"It teaches them responsibility, how to be better mothers, fathers, better family members, better citizens overall," Rubenstein outlined. "I think that responsibility aspect, and then, just the feeling of normalcy again for them."
paws4prisons® is an offshoot of paws4people®. They train Labrador Retrievers, Golden Retrievers and a mix of the two breeds known as Goldadors. Dogs begin training at around 5 months old. Trainers have weekly meetings by phone and video conference with paws4people® staff. Incarcerated people must apply to join the program, and given the amount of training involved, Rubenstein stressed they seek candidates who have enough time.
"We also look at inmates that are going to be incarcerated a little longer, because the academics last anywhere from six to nine months," Rubenstein explained. "We want to make sure they have time to complete that and then use those skills that they learned in academics. I prefer someone that has at least 18 months before they see the parole board or discharge."
She added assistance dog training takes between a year and 18 months.
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New data shows incarceration has ballooned in Kentucky's rural counties, and less populated regions are building more jails.
The findings come from an analysis of jail-offenses data by the nonprofit Prison Policy Initiative. Wanda Bertram, a communications strategist for the organization, said small towns and counties pour a huge amount of public resources into arrests for minor offenses. She added that those same counties are doubling down on policing and prosecution policies.
"Incarceration is a costly business," she said. "It is extremely destabilizing for people who go to jail, and it may or may not actually do anything to improve public safety."
The average county in Kentucky had about 12,000 people incarcerated in 2019. That number has decreased to around 10,000 in 2024, according to the Kentucky Association of Counties.
Across the country, Bertram said, most counties see jails as a place to hold people charged with low-level offenses or misdemeanors.
"Two thirds of people are being held on charges that did not involve physical violence against another person," she said.
According to federal data from 2023, 20% of people in jails were held for misdemeanors. According to the Jail Data Initiative, the actual number of people in jails that year for non-violent offenses is closer to 35%.
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