West Virginia is among just ten states whose prison population declined between 2019 and 2023, according to a new report from the Prison Policy Initiative.

Wanda Bertram, communications strategist at the initiative, said that during 2022 and 2023 state prisons added more than 50,000 people - undoing about a 25% decrease in incarceration sparked by the pandemic - and the nation's total number of incarcerated people has jumped by 2%.

"That's an actually significant jump in size, although it's just 2%," said Bertram. "The data suggests that there are more people in state prisons, local jails, and federal prisons than there were a year ago."

In the Mountain State, around 11,000 people are incarcerated, and more than 9,000 are on probation or parole.

Last year then-Gov. Jim Justice ended a years-long state of emergency, put into effect to address jail staffing shortages.

According to a state report, West Virginia National Guard members who had been assigned to address the shortages at adult and juvenile correctional and detention facilities are no longer there.

Bertram also pointed out that on any given day, almost half a million people are sitting in jail despite not being convicted.

"In most places, bail reform has yet to take root," said Bertram, "so we still have a huge number of people locked up pretrial."

She added that rates of violent crime aren't always lower in states with higher incarceration rates.

"That's important," said Bertram, "because in many states recently, we've seen a move by lawmakers to double down on harsh punishments for all types of crimes."

The report also highlights the enormous churn of people in and out of our correctional facilities.

In 2022, around 469,000 people entered prison gates, but people were arrested and jailed more than 7 million times.





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For thousands of Mississippians leaving prison each year, a single question looms large: Who will hire me?

State lawmakers could remove some of the biggest barriers to answering that question by expanding the Fresh Start Act. Backers say it could change lives and save taxpayers millions. The bill would dramatically widen a 2019 law that helps people with criminal records obtain professional licenses. If passed, barbers, electricians and dozens of other professionals would no longer be automatically disqualified from licensing because of unrelated past convictions.

Will Ervin, senior vice president of Empower Mississippi, is advocating for its passage.

"By reforming the licensing process to ensure that past convictions unrelated to a profession don't serve as an automatic disqualification," he said, "we believe the bill promotes economic opportunity while also maintaining necessary safeguards."

The 2019 law covered only eight licenses. Senate Bill 2248 would expand it to more than 40. And it excludes fields such as law enforcement. It cleared the state Senate unanimously. Some House members have voiced concerns about impacts on medical licensing compacts.

Mississippi faces a persistent recidivism problem, with 40% of people who are released returning to prison within three years. Ervin pointed to stable employment and housing as the most important factors needed to lower that rate.

"If we can address those things, I think we can have a really big impact on recidivism in the state," he said. "We've seen great reception from lawmakers to combating recidivism. I think they recognize that this is a public safety issue."

The debate comes as Mississippi spends nearly $500 million annually on corrections, with one of the nation's highest incarceration rates. Proponents say helping more people find work upon their release could ease this burden and strengthen the state's workforce.


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The federal HALT Fentanyl Act advancing through Congress would increase prison time for fentanyl traffickers.

Kentuckians convicted on distribution charges involving more than 10 grams of fentanyl would receive at least five years in prison, or no fewer than 10 if they had a prior conviction. For cases involving larger amounts of the substance and a second conviction, the minimum sentence would be 20 years.

Shreeta Waldon, executive director of the Kentucky Harm Reduction Coalition, said the legislation will have little effect on helping individuals and families who lives are affected by substance use.

"It's been a failed concept but we continue to try to use that same concept with different language," Waldon contended. "We're just dealing with the War on Drugs 2.0."

According to the 2023 Kentucky Drug Overdose Fatality Report, nearly 2,000 Kentuckians lost their lives last year to a drug overdose. Fentanyl accounted for almost 80% of those deaths, and methamphetamine accounted for around 55%.

Waldon pointed out a lack of education about fentanyl and other drugs has contributed to a spike in use among the Commonwealth's youngest residents, despite an overall decline in fentanyl-related death rates statewide.

"Now we're seeing more and more reports of youth who are having building an inappropriate relationship with substance," Waldon reported. "That is a big issue in our larger cities like Louisville and Lexington."

She added a major concern is the dwindling local resources for harm reduction strategies, noting recently passed state laws to criminalize camping and homelessness have created additional barriers.

"We're penalizing poverty," Waldon argued. "We're penalizing substance use disorder or chaotic use. We're penalizing people who do not realize the access to resources around them because of messaging, because of stigma, because of shame."

The HALT Fentanyl Act would reclassify fentanyl-related substances as Schedule I drugs. Currently, fentanyl is a Schedule II controlled substance. In 2021, the federal Drug Enforcement Administration made more than 3,000 arrests nationwide for fentanyl.


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Setting aside funding for a new South Dakota prison is a thorny issue for state lawmakers this year. There is also renewed talk about the state's recidivism rate and whether programming is consistent enough to fix any problems.

The Prison Policy Initiative said South Dakota leads the U.S. and most democratic countries in the rate of people who are incarcerated. It also ranks high when measuring the number of people who wind up back in the criminal justice system.

Jenna Borseth, assistant professor of political science at the University of South Dakota, said she thinks state and federal policymakers do not let meaningful reform efforts breathe.

"We're not actually following through with our ideas," Borseth contended. "We're throwing it at the wall, and if it doesn't stick immediately, we just throw it in the garbage."

Borseth, who took part in a discussion hosted by the South Dakota Humanities Council, also suggested there is a consistent fear crime is too high, even though many numbers are trending downward. Last year, South Dakota launched a new program which employs reentry coaches, transitional case managers and includes enhanced community support.

Borseth argued there should be an emphasis on preventive approaches before someone even encounters the legal system.

"Improving our educational system, reducing our poverty rate, having adequate health care accessibility, whether that's mental health care, physical health care," Borseth outlined.

The Annie E. Casey Foundation reported people spending too much time incarcerated disrupts family life and parental incarceration creates an unstable environment for kids and can have lasting effects on their development and well-being.

There is contentious legislative debate this session about building a new men's prison amid overcrowding issues.