While the criminal justice systems in each U.S. state share many similarities, no two systems are identical. Factors like a state’s population, its geographic size, cultural attitudes, political leanings, per capita GDP, poverty rate, socioeconomic conditions, and other aspects influence a state’s crime rate, the criminal justice system in that state, recidivism, alternatives to incarceration, and the state’s approach to rehabilitation. This article summarizes the West Virginia State criminal justice system.

Understanding a state’s criminal justice system begins with answering the following questions:

• What criminal rehabilitation programs are used in West Virginia?
• Are there alternatives to incarceration in West Virginia?
• How many people are incarcerated in West Virginia?
• What are the biggest prisons in West Virginia?
• What is West Virginia’s recidivism rate?
• What is West Virginia’s crime rate?

One should begin with analyzing a state’s prison population, as a lot can be determined about its criminal justice system by simply learning how many of its population the state chooses to lock up.

According to the Bureau of Justice Assistance, West Virginia has the 19th highest incarceration rate in the nation, locking up approximately 328 of its residents for every 100,000 people who live there. The overall incarceration rate in the U.S. is 350 per 100,000, slightly higher than the West Virginia rate.¹

But what is the hard data on the prison population in West Virginia? According to the National Institute of Corrections, West Virginia has 11 jails in 55 counties.² As of 2019, the jail population was 5,110. That source lists West Virginia as operating 13 state prisons with 6,800 inmates. State-operate facilities employ 4,100 people on a budget of $210,815,583. The Community Corrections program in the state oversees 5,454 people under probation and 4,718 under parole. According to the Urban Institute, the Department of Corrections in West Virginia is the state’s seventh costliest budget item.³

The Sentencing Project reports that West Virginia does not contract with private prisons and has not done so for over 20 years.⁴ The Mount Olive Correctional Complex is the largest prison in the state. Located in Mount Olive, it is West Virginia’s only maximum-security prison and has a capacity of 1,030.⁵

Studying a state’s crime rate provides an entirely different but equally valuable insight into that state’s criminal justice system. Simply, the criminal justice system attempts to reduce crime by creating programs that promote public safety, disincentive lawbreaking, and empower residents with the tools they need to live crime-free lives. So, when crime rates spike in a state, that indicates adjustments are needed. When crime rates drop, that indicates the state is doing something right. According to reports by West Virginia’s Office of Research and Strategic Planning Justice & Community Services:⁶

• From 2014 to 2016, West Virginia’s violent crime rates increased by 14.6%.
• From 2016 to 2018, violent crime rates dropped by 17.3% and then rose by 5.6% in 2019.
• From 2014 to 2019, overall property crimes reported decreased in West Virginia by 18%.
• In Charleston, West Virginia’s capital city, crime rates have been on the decline since 2014.
• The Charleston Police Department also reported a 35% decline in drug overdoses between 2017 and 2020.
• The city of Huntington (in WV) reported a decrease in all categories of violent and property crimes in 2020.
• West Virginia’s property crime rates decreased nearly every year since 2014, except for a slight increase in 2019.
• The most notable drop in crime in West Virginia has been in rape, robbery, malicious wounding, burglary, larceny, and motor vehicle theft.

The above is by no means a complete list of crime in West Virginia, but it does show the state is making progress in reducing crime.

Another critical metric to examine in any state’s criminal justice system is recidivism. Recidivism is defined as the rate at which formerly incarcerated persons commit new crimes and return to incarceration. The higher a state’s recidivism rate, the more that state’s criminal justice system is failing in its mandate to promote public safety by providing real reform and rehabilitation to offenders.

According to a press release put out by the West Virginia Department of Homeland Security, the state has one of the lowest recidivism rates in the nation, at 26.8%. Only Oregon (22.8%), Wyoming (24.8%), and Oklahoma (26.4%) have lower recidivism rates than West Virginia.⁷

Former West Virginia Department of Corrections commissioner, Jim Rubenstein, spoke in appreciation of the state’s accomplishments in reducing recidivism. He said, “I am proud of our staff’s commitment to the WVDOC’s goal of reducing offender recidivism. This shows that our efforts are paying off, and while West Virginia’s recidivism rate is already lower than in most states, the Division of Corrections remains committed to enhancing offender re-entry programs. I am confident that the DOC will meet the myriad of challenges ahead by staying on the cutting edge of evidence-based practices.”

However, a 26.8% recidivism rate still means the criminal justice system is failing a little more than one in four people who go through it. Progress has been made, but there’s room for improvement in reducing recidivism.

According to one report, West Virginia’s prison population grew 73% between 2000 and 2010, the fastest growth rate in the nation. The report suggests the growth is primarily caused by drug possession crimes, which makes sense considering West Virginia was the state hit hardest by the opioid epidemic.⁸

The Mountain State has implemented several programs to address drug addiction and the crimes that tend to accompany addiction, some programs of which have been successful. Going forward, West Virginia should offer more treatment services for offenders serving time for drug possession. If offenders are not given quality drug treatment while incarcerated, they will almost certainly return to drug use upon release.

One of the biggest crime-related problems in West Virginia has been the opioid epidemic that hit this state harder than any other. It is illegal to possess, use, and sell drugs in West Virginia, making the simple act of being addicted to drugs a crime.

Thankfully, West Virginia was able to reduce its overdose rate and its rate of drug-related arrests by offering several alternatives to incarceration and treatment-based programs to addicts. These included HELP4WV and Prevention First WV, which provide resources for those struggling with addiction. Crime researchers in West Virginia believe that, since crime is associated with drug use, “…if we could eliminate drug abuse, there would be a reduction in property crimes like robberies, burglaries, and some violent crimes.”

However, there is room for improvement in how West Virginia tackles crime. For example, one report identified three key areas of the state’s criminal justice system that negatively affect offender outcomes. These are:⁹

• The number of West Virginia offenders whose community-based supervision was revoked and the length of time they spend in prison as a result have both increased significantly, leading to an increase in the state’s prison population.
• An increasing number of West Virginia prisoners are not granted access to community supervision and support services upon release from prison, increasing their recidivism chances.
• When released, an increasing number of West Virginia prisoners are violating the terms of their probation due to drug use offenses and untreated drug addiction. This, too, increases recidivism.

West Virginia can begin tackling the above problems by ensuring formerly incarcerated persons have the support they need outside prison. Critically, criminal justice policymakers should also focus on providing educational programs inside prisons in West Virginia to help inmates tackle the underlying issues and life problems that led them to commit crimes in the first place. When offenders are empowered with educational tools, life skills, coping strategies, and a better understanding of how to live life as responsible adults, they’re less likely to re-offend upon release.