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| Double-Bunking of Inmates OK'd |
| By Associated Press |
| Published: 12/05/2005 |
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The state Supreme Court tackled the problem of West Virginia's growing prison population Wednesday, unanimously allowing for the double-bunking of inmates and affirming the use of jails to avoid prison overcrowding. In the first of two cases brought by inmates, the justices held that double-bunking did not violate state law. The opinion, written by Justice Larry Starcher, also said that prison officials must follow a consistent policy when deciding whether to place more than one inmate in a cell. “Decisions regarding whether an inmate in a state correctional facility should be housed in a single cell must be made pursuant to enforceable standards, policies and procedures that are based on pertinent medical and other relevant criteria,” the ruling said. In the other case, the court rejected challenges over the state's long-term plan to reduce the number of state prisoners held in regional and county jails. More than 1,300 inmates who have been sentenced to prison are instead in jail because the state's prisons don't have the room. The justices urged the Manchin administration and lawmakers to step up efforts to follow the reduction plan, but found no evidence of prisoners' rights being violated. “We do not find evidence of current unconstitutional deprivations associated with the housing of inmates admitted to the [Division of Corrections] but housed outside the DOC,” the ruling said. “We do, however, urge the Executive and Legislative branches to undertake serious review of their respective roles and responsibilities for contributing to the current housing situation and to act with alacrity, to avoid the day when we or the federal courts are forced to intervene.” The latter ruling was unsigned, meaning it sets no legal precedent. Justices Starcher and Brent Benjamin reserve the right to file separate, concurring opinions. Mount Olive inmate James Berry sued over double-bunking after lawmakers in 1998 permitted the policy in response to a previous court challenge he had filed. Serving a life sentence, Berry relies on a wheelchair and alleges repeated abuse by a former cellmate. Berry's lawyer hailed the ruling as a victory because it requires prison officials to apply double-bunking and their other written policies consistently. “It gives [inmates] some uniformity in respect to how policy is applied to them,” lawyer Jason Huber said. “It forces the DOC to develop objective criteria that will eliminate discretion on their part in terms of who gets a double bunk.” |
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