May
4, 2020
Statement
on inmate management during COVID-19 pandemic
CHARLESTON,
W.Va. – Information provided by the W.Va. Division of
Corrections and Rehabilitations in response to an April 16 Freedom of
Information Act request incorrectly included the name of a parolee.
Michael David Day, 35, was granted parole
in December 2017, after serving 15 years for a 2003 first-degree murder
conviction. Day was admitted to the Western Regional Jail on Jan. 27, 2020 on
an alleged parole violation. Day was released on March 27, having served the
full 60-day graduated sanction as per §62-12-19(a)(1)(C).
As a
result, Day is not among the parolees released early from graduated sanctions
as a response to the COVID-19 pandemic. Because his release coincided with
those, Day was incorrectly included in the FOIA response.
Day is
among several offenders convicted and sentenced as adults for crimes committed
while they were juveniles, and who have since become eligible for parole
through 2014 legislation enacted in response to the U.S. Supreme Court’s 2012
decision in Miller vs. Alabama (567 U.S. 460).
# # #