HOUSE CONCURRENT RESOLUTION 23

(By Delegates Fast, Shott, Love, C. Romine and R. Miller)

[Introduced January 19, 2018; Referred to the Committee on the Judiciary then Finance]

Requesting the Department of Military Affairs and Public Safety (“DMAPS”) to coordinate with the Division of Personnel (“DOP”) to develop a plan to raise correctional officer’s salaries to alleviate staffing and retention shortages.

Whereas, DMAPS is charged with overseeing the three correctional agencies in West Virginia: the West Virginia Regional Jail and Correctional Facility Authority, the West Virginia Division of Corrections and the West Virginia Division of Juvenile Services (herein collectively “WV Correctional Agencies”); and

Whereas, WV Correctional Agencies suffer from recruitment and retention issues, and have represented to the Legislative Oversight Committee on Regional Jails and Correctional Facilities Authority that salaries are not competitive enough to allow for recruitment of applicants and retention of staff; and

Whereas, The United States Poverty Guidelines for a family of four have increased since 2010 from $22,050 to $24,300 in 2016. However, as of August 2017, West Virginia correctional officer’s salaries have remained at $22,584 since 2009. Meanwhile, turnover rates have increased in WV Correctional Agencies from 29.2% in FY14 to 32.2% in FY16, and vacancies in the West Virginia Division of Corrections (“DOC”) have increased by 55% from 2013 to 2016; and

Whereas, As of July 13, 2015, nearly 44% of all DOC employees have less than 5 years’ service in their current position. There were 448 correctional officer separations from the DOC in FY16 with over 75% leaving within the first 24 months, and over 66% leaving within the first year of service; and

Whereas, WV Correctional Agencies are in competition with surrounding states’ correctional facilities, in-state Federal Bureau of Prisons, and county and municipal police departments. WV Correctional Agencies are losing personnel to their competitors because of superior compensation. As of August 2017, the starting salary for a West Virginia correctional officer was the lowest in the nation; and

Whereas, Separation, replacement, and training costs are placing a significant strain on the financial security of WV Correctional Agencies. Vacancy costs have caused overtime hours to increase to a total of $13,572,260 for WV Correctional Agencies in FY16; and

Whereas, In order to make WV Correctional Agencies competitive, starting salaries need to be raised from $10.86 per hour to approximately $14.50 per hour; or the equivalent of approximately $30,000 per year salary. This would equal an approximately $7,000 pay increase from the starting salary (as of August 2017) for West Virginia correctional officers; and

Whereas, WV Correctional Agencies are experiencing critical levels of staff vacancies, inexperience, and turnover. Moreover, as of August 17, 2017, WV Correctional Agencies were housing 820 inmates in excess of total beds. Correctional officers perform an important public safety function and work in an inherently dangerous environment. The staffing and retention crisis, coupled with overcrowding in WV Correctional Agencies, poses a substantial risk to public safety; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests DMAPS and DOP to work in conjunction to develop an adequate compensation plan to raise correctional officer starting salaries to approximately $30,000 per year to alleviate the current WV Correctional Agencies’ staffing and retention crisis; and, be it

Further Resolved, That the Legislature hereby requests the Governor’s Office to support and adopt the staffing and retention compensation plan developed by DMAPS and DOP; and, be it

Further Resolved, That the Legislature hereby encourages the Governor’s Office to draft and support any legislation necessary to provide salary increases to correctional officers in WV Correctional Agencies so that starting salaries for correctional officers are no less than $30,000 per year, and to include funding for those salaries in any budget proposal submitted to the West Virginia Legislature; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of DMAPS, the Director of DOP, and to the Governor’s Office.