STA TE OF WEST VIRGINIA DEPARTMENT OF MILITARYAFFAIRS PUBLIC SAFETY DIVISION OF CORRECTIONS AND REHABILI A I ON BE TS C. JIVIDEN JEFF S. SAND Y, CFE, CA MS COMMISSIONER CABINET SE CRE TAR Of?ce of the Commissioner 1409 Greenbrier Street Charleston, WV 253] 1 304-558-2036 Telephone 304-558-5367 Fax May 9, 2020 Americans for Prosperity American Friends Service Committee WV Council of Churches WV Access to Justice Commission Catholic Dioceses of WV American Civil Liberties Union - WV Our Future WV WV Center on Budget and Policy Appalachian Prison Book Project Mountain State Justice NAACP - Jefferson To Whom it May Concern: As West Virginia responds to the COVID l9 pandemic, we remain committed to the safety and well-being of our incarcerated population, our correctional staff and the public at large. Prison and jail settings may present unique challenges, such as with social distancing. Yet, our hard-working and dedicated front-line officers and staff continue to overcome them, innovatively and effectively. You need look no further than to members of your own coalition to learn that the Division of Corrections and Rehabilitation has implemented preventative measures regarding hygiene, social distancing, screening, and medical protocols in accordance with CDC and professional correctional guidance. In fact, both our state Supreme Court and a West Virginia federal judge have explicitly rejected attacks on policies and procedures related to COVID-19 prevention. The federal review speci?cally concluded that claims alleging DCR is not taking appropriate steps to protect inmates are unfounded and lack legal ment. Consistent with its 9 response plan, contract medical providers continue to monitor inmate health, quarantine individuals as clinically indicated, and ensure timely testing of inmates in accordance with CDC and DHI-IR guidelines and criteria. Of equal importance, COVID-19 testing decisions are made in consultation with local health departments. These front-line responders to the pandemic, in turn, remain in regular communication with the DCR facilities in the areas they serve. As you know, testing capacity has proved a vexing issue not just within West Virginia but nationwide. As a result, universal testing is neither available nor mandated for incarcerated populations at this time. Testing protocols continue to evolve, as do opinions regarding the usefulness of results obtained at a speci?c point in time. DCR regularly re-assesses our 9 response plan in light of published guidance from CDC and correctional industry groups, ?ndings by medical professionals, and mandates from federal, state and local authorities. As for your request for transparency regarding testing numbers, we began posting this data publicly prior to your coalition?s letter. You wrote that our continuing ?forthrightness about 9 testing and results within the prison system will maintain the public trust in our health and law enforcement officials? and ?put incarcerated individuals and their families at greater ease.? It is our fervent hope that the publication of this data will, in fact, place at greater ease the families of inmates in our care, custody and control. DCR recognizes that no one bene?ts from the noxious climate that some in your coalition have sought to conjure, whether through false, misleading and unfounded accusations or frivolous litigation that diverts precious resources from the pandemic response. To that end, your intent is somewhat undermined by some of these so-called partners as they continue to volley baseless allegations and seek to besmirch the motives and actions of the very leaders you say you ?highly commend.? The fact remains that, amid this unprecedented global health crisis, facilities serve a critical mission that transcends current events. DCR provides services vital to the safety and security of our community. By incarcerating those who pose a danger, it protects a public that includes the speci?c victims of the crimes committed by our inmates. DCR has made clear, and reaf?rms, that the health of our staff and incarcerated population remains our ?rst priority. Any suggestion otherwise is an affront to the hard work of our men and women who are on the front lines of this ?ght, every day and around the clock, to protect West Virginia citizens and communities. Respectfully, a a? Betsy Jividen Commissioner