OPINION ISSUED DECEMBER 6, 1999
WV REGIONAL JAIL AND CORRECTIONAL
DIVISION OF CORRECTIONS
Chad Cardinal, Attorney at Law, for claimant.
Joy M. Cavallo, Assistant Attorney General, for respondent.
This claim was submitted for decision based upon the
allegations in the Notice of Claim and the respondent's Answer.
Claimant, Regional Jail and Correctional Facility Authority,
provides and maintains the Eastern Regional Jail, the Central
Regional Jail, the South Central Regional Jail, the Southern
Regional Jail, the Southwestern Regional Jail, and the Northern
Regional Jail as facilities for the incarceration of prisoners who
have committed crimes in various counties. Some of the prisoners
held in these regional jails have been sentenced to facilities
owned and maintained by the respondent, Division of Corrections.
Claimant brought this action in the amount of $4,017,465.50, to
recover the costs of housing and providing associated services to
prisoners who have been sentenced to a State penal institution, but
due to circumstances beyond the control of the claimant, these
prisoners have had to remain in the regional jails for periods of
time beyond the dates of the commitment orders.
Respondent filed an Answer admitting the validity of the claim
and that the amount of the claim is fair and reasonable.
This Court has determined in prior claims by claimant for the
cost of housing inmates that respondent is liable to claimant for
these costs, and the Court has made the appropriate awards. This
issue was considered by the Court previously in the claim of County
Comm'n. of Mineral County v. Div. of Corrections, 18 Ct. Cl. 88
(1990), wherein the Court held that the respondent is liable for
the cost of housing inmates.
In view of the foregoing, the Court makes an award to claimant
in the amount of $4,017,465.50.
Award of $4,017,465.50.