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Lawyers suggest having women supervise female inmates

November 05, 2009 @ 12:00 AM

HUNTINGTON -- Changing policy so that female staff supervise female inmates at correctional facilities is one way the state could prevent reports of sexual abuse in the system, lawyers suggest.

Female inmates are detained in West Virginia at the all-women Lakin Correctional Center in Mason County, Anthony Correctional Center in Greenbrier County, work-release facilities and the state's 10 regional jails.

Mike Woelfel, one of three attorneys representing 21 current or former inmates who have filed suit alleging they were victims of sexual misconduct, mentioned the Anthony as an example of why a change is needed. It is a place for youthful offenders, men and women. It also houses eight older female inmates, all transferred from Lakin to provide a stable workforce.

Woelfel said state officials consider Anthony to be a gender-neutral facility, but correctional officers still stand just outside of shower rooms. Guard and prisoner of opposite genders are separated by nothing more than a shower curtain.

"It's just a time bomb waiting to go off," he said. "If the (correctional officer) pulls the shower curtain back repeatedly, what are you going to do?"

Deputy Cabinet Secretary Joe Thornton declined comment regarding specific allegations. He acknowledged sexual misconduct has been documented before. He said the state has implemented policies and procedures, but no strategy is 100 percent foolproof. He said implementing an all-female work force for female inmates would be virtually impossible.

"We'd never, never be able to have it staffed," he said. "We fight the fight of recruiting and retaining correctional officers as it is on a daily basis. Difficult even doesn't begin to describe how hard it is to keep good, qualified correctional officers in the system."

Amnesty International, American Civil Liberties Union, and Just Detention International are among national groups which support protection for female inmates from sexual assault.

Statistics cited by Just Detention International state abuse rates at women-only facilities vary dramatically from one facility to another, with one in four inmates being the worst. The same group cited federal statistics from 2007 stating that 60,500 inmates, or 4.5 percent of 1.3 million inmates held in state and federal prisons, had been sexually abused in the previous year. Justice Detention International states those numbers do not include incidents at county jails.

The Detroit Free Press reported in August 2009 the issue resulted in a $100 million settlement for those raped, groped or peeked at by male correctional officers and staff in Michigan.

Locally, the plaintiffs' attorneys acknowledge their cases seek monetary awards, but they said lawsuits also represent efforts to change the system and protect female inmates from future abuse.

Similar issues at the Wayne County Jail gained national attention in the early 2000s. Mike Woelfel represented a plaintiff in that case. He then joined with attorney Kerry Nessel between 2002 and 2005 in representing women claiming abuse at the Southwestern Regional Jail in Logan County.

Mike Woelfel praised the state for making some progress, but he said more steps are needed. In addition to the same-gender approach, he recommends the state implement more selective hiring practices and take a zero-tolerance stance clearing the way for quicker termination.

Nessel also recommended increased sensitivity training to teach staff the boundaries between right and wrong.

Thornton said state hiring practices are extensive, including background checks and psychological evaluations. He also says the agency takes a zero-tolerance stance on sexual misconduct. He said incidents are promptly investigated and reviewed. Punitive action is taken when appropriate, but Thornton said some accused of general misconduct are allowed to return to work through the state's grievance process.

Mike Woelfel acknowledged a same-gender system requires full staffing. He claimed Anthony Center was understaffed by about 9 percent during 2005 and 2006. That forced staffers to work compulsory 16-hour shifts, in which some nodded off at times when they were to be vigilant.