4 days ago
GOP lawmaker David Kelly tapped to oversee WV corrections system as jail overcrowding persists
David Kelly, the new commissioner of the state Division of Corrections and Rehabilitation, is shown during a legislative meeting earlier this year. (Perry Bennett | West Virginia Legislative Photography)
David Kelly, a current leader in the House of Delegates and pastor from Tyler County, will take over as commissioner of the state's troubled jails and correctional system.
He spent 20 years in law enforcement before serving in the Legislature, where the Republican chaired a committee on jails and prisons. Kelly championed raises for correctional officers during a staffing crisis that prompted a state of emergency from 2022 through last year.
'My passion is to get in there and see what we can do to build on what we've got to make it better,' said Kelly, 68.
West Virginia's prison system is one of the deadliest in the country with an ongoing issue of overcrowding. The overpopulated jails can lead to safety and security issues, sometimes leading to people who are incarcerated sleeping in day rooms in the facility.
'The elephant in the room is the overcrowding, and so we've got to work on that,' Kelly said.
As of June 3, the regional jails were 425 over capacity of 4,265, according to a spokesperson for the state's Division of Corrections and Rehabilitation. The prisons are 486 under capacity.
'West Virginia has one of the most overcrowded jail systems in the country. This leads to deplorable conditions like increased violence, lack of access to basic medical care and sanitation and degrading practices like requiring people to sleep on floors,' said Rusty Williams, advocacy director for the American Civil Liberties Union of West Virginia. 'We hope Commissioner Kelly will use his new position to bring a more compassionate and humane approach to managing this system.'
This year, state lawmakers passed several bills that lengthened sentences for crimes including drug dealing and fleeing from a police officer. It costs $35,000 per year for state prisoners.
'There are crimes that when they are committed, we need to make sure that the punishment [and] the sentencing fits the crime,' Kelly said. 'I look forward to working with the legislature in the future and trying to come up with possible ways to deal with sentencing, to deal with the overcrowding.'
Lesley Nash is an attorney with Mountain State Justice, a nonprofit legal firm that sued WV DCR over the mental health care and medical care provided in 10 state regional jails.
She said the state over-incareates, often jailing individuals with substance abuse problems for minor property crimes. Sometimes individuals end up incarcerated after a family member called 911 seeking helping for substance abuse, Nash said.
'There are huge numbers of people that we have in jails and prisons who are in those facilities as a result of mental health or addiction issues,' Nash said. 'What they need is mental health assistance.'
Gov. Patrick Morrisey announced Kelly's appointment as commissioner of WV DCR on June 2. Lance Yardley had been serving as the acting commissioner.
'It's hard to say no to the governor when he called you and asked you to join his team. I'm thankful that he did.' Kelly said.
The state has made headway in hiring correctional officers under the leadership of former DCR Commissioner Billy Marshall, who was recently appointed by President Donald Trump to lead the Federal Bureau of Prisons. Kelly praised Marshall's work, saying he hopes to build on that momentum.
Lawmakers have increased salaries for uniformed officers and DCR offered special hiring rate increases. The state was able to remove National Guard members, who had been filling in as correctional officers, in 2024 after reaching full staffing levels.
But, other problems persist, and West Virginia is facing numerous allegations and lawsuits about jails conditions, including excessive use of force and insufficient medical care. A suit filed in May says 'inadequate medical care' at Eastern Regional Jail in Martinsburg led to the death of a 25-year-old woman who had Type 1 diabetes along with a history of substance abuse.
In December, a federal court approved a more than $4 million settlement in a class-action lawsuit for inmates at Southern Regional Jail and Correctional Facility in Raleigh County who alleged deplorable conditions in the jail. The lawsuit was filed in 2023.
'I need to sit down with the team in Charleston and see where we are, and then talk with the governor and his folks and see if they've got any plans they want implemented, and then we'll go from there,' Kelly said.
Webb called on Kelly to ensure the jails provide prompt access to quality health care, consistent and sanitary water and facilitate faster reentry programs.
Several counties are struggling to pay their jail bills, Kelly noted. West Virginia counties pay the state per inmate per day to house inmates at regional jails. In 2022, jail bills cost the state's 55 counties a total of $45 million, with many local governments listing the charge as their largest annual expense. A 2023 bill meant to address county jail bill costs hasn't solved the problem.
'I don't know what the answer is right now for that. That is a problem. There are counties that just simply can't pay,' Kelly said.
He will continue to pastor a church in Wetzel County while serving as DCR commissioner. 'My faith guides me every day,' he said.
Kelly, who was first elected in 2018, plans to resign from his seat in the House of Delegates late this month before he officially begins his role as commissioner. He is serving as deputy speaker in the House.
