State Ex Rel. Sams v. Kirby

I

BACKGROUND

Petitioners are all inmates who have been sentenced to what is commonly referred to as “prison,” i.e., they have been sentenced to terms of confinement in facilities of the West Virginia Division of Corrections (the “DOC”). However, such sentences notwithstanding, the petitioners remain confined in jails, which are not operated by the DOC. The record and arguments of counsel demonstrate that over 850 prisoners who have been sentenced to DOC facilities remain elsewhere, with approximately 450 of those in regional jails, and the remainder in county jails.

Petitioners call our…