By Mark Richardson
A bill pending in the West Virginia Legislature would increase the length of penalties for “serious” felony convictions, but critics have said it would contribute to prison overpopulation.
The state Senate passed Senate Bill 136 by an overwhelming margin last week. The House of Delegates has yet to consider the measure.
Kenneth Matthews, West Virginia economic justice associate for the American Friends Service Committee, said extending the minimum time prisoners must serve before a parole hearing would pack the prisons with more people waiting for a conditional release.
“Increasing penalties for offenses will create an increase in the prison population that’s already overpopulated and create an increase in the aging (prison) population in the state, which is also overpopulated,” Matthews outlined.
West Virginia’s overall jail population in 2024 was about 11,000, with an incarceration rate of 674 per 100,000 residents, considerably higher than the national average of 614.
According to the Prison Policy Initiative, the state’s 10 regional jails were initially built to hold 2,883 people — but they house more than 4,400 people on any given day. The bill’s Republican backers, who have a legislative supermajority, said state law is not stern enough on serious offenders.
Matthews countered the numbers do not back up their position.
“West Virginia is already kind of tough on crime,” Matthews pointed out. “We’re not the lowest in terms of sentencing and penalties in the country or even in our area, and we’re not like an outlier in terms of lower penalties for certain offenses.”
He added proposed sentences of 40-60 years for murder before people are eligible for parole would significantly expand the number of older, less-dangerous members of the prison population.
“They have a geriatric wing there and they have actually instituted a job, called the orderly, where their whole job is to push individuals around on wheelchairs and take care of their needs throughout the facility,” Matthews emphasized.