CHARLESTON, W.Va. — Former state Corrections Commissioner Betsy Jividen appeared before state lawmakers Tuesday afternoon but she didn’t face any questions about conditions in the state’s jails and prisons.

Jividen was before the Legislative Oversight Committee on Regional Jail and Correctional Facility Authority to talk about a recidivism program she has long been involved with.
Before Jividen’s presentation, Committee Chairman Del. David Kelly, R-Tyler, asked committee members to keep their questions on topic. When the presentation was over, committee co-chair, Senator Jason Barrett, R-Berkeley, asked Jividen her opinion about the conditions in the jails and prisons when she was commissioner and how that impacted prisoners once they were released.
Kelly instructed Jividen not answer the question saying it wasn’t the proper setting.
“Again, co-chair, this is not the time for this question. We can reach out to her at another time,” Kelly said.

“I think it is an appropriate question,” Barrett said.
The meeting ended a few moments later. The Jividen presentation was the only item on the committee’s agenda.
Jividen gave a sworn deposition a few months ago about the conditions as part of a class action lawsuit concerning the Southern Regional Jail. In that deposition, obtained by WCHS-TV, Jividen was questioned about $200 million in deferred maintenance.
“I’m sure everybody asks that question and the answer is, we depend on the money that is allotted to us,” Jividen responded. “Every year there is a certain amount that is allotted for maintenance but it doesn’t touch what the overarching bill is. I just know we didn’t get what we needed.”
The state agreed to settle the lawsuit last week for $4 million. There remains another lawsuit concerning conditions generally throughout West Virginia in the state’s jails and prisons.
Jividen resigned as corrections commissioner in July 2022. Before her 2018 appointment, Jividen worked as a federal prosecutor for more than 40 years.

The interim committee on jails and prisons will likely next meet during meetings that are scheduled for Dec. 10-12 at the state capitol.
Jividen told lawmakers during her presentation that the state’s recidivism rate is 29.3% within three years of an inmate’s release from incarceration.

