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Report: Gov. Justice appoints Mark Sorsaia as Secretary of Dept. of Homeland Security

Statement on inmate management during COVID-19 pandemic


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).


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LAWRENCE MESSINA (304) 957-2515 Lawrence.C.Messina@wv.gov