HUNTINGTON, W.Va. (WSAZ) – The city of Huntington has filed a lawsuit against the West Virginia Division of Corrections and Rehabilitation, asking a court to force the agency to turn over information related to parolees and sober living homes in Huntington.
It’s a product of the state’s years-long struggle with drug abuse and addiction.
One treatment option popping up in neighborhoods across the state, sober living homes. Advocates say the in-home support groups are effective in helping those in recovery get back on track, but opponents say they don’t belong in residential neighborhoods.
WSAZ has been investigating the matter for more than a year, finding current state law had no registration requirement, meaning state officials have no idea how many sober living homes are in operation or when new ones open up.
WSAZ also found current law ties state funding for the homes and referrals to a certification process, but that certification is just voluntary.
Now, the city of Huntington alleges the state Division of Corrections and Rehabilitation has skirted state law by, “referring or releasing parolees and probationers to addresses in the City of Huntington that include uncertified sober living homes.”
The city’s lawsuit demanded information on that topic, information city attorney Scott Damron tells WSAZ the state has refused to release.
“The public has a right to know who’s coming into their neighborhoods,” he said.
WSAZ reached out to state officials for comment. A spokesperson said officials are “in the process of reviewing the lawsuit, and will be happy to comment at a later date.”
Last year, a state task force expressed similar concern, telling lawmakers, “there have been anecdotal reports of uncertified recovery residences receiving improper referrals.”
Lawmakers reacted with tougher legislation, passing a new law, Senate Bill 475.
It closes a potential loophole and outlaws uncertified homes “from receiving a referral or receiving a person released from prison for the placement of any prisoner, parolee, or probationer… .”
Sen. Mike Woelfel, D-Cabell, shares Huntington’s concern. He was among sponsors of that proposal.
“It might have been ambiguous, the word ‘may,’” he said. “In my view, it was always prohibited, but there’s no misinterpretation now. It’s not to happen, and if it does happen, it’s a crime.”
Damron said this about the new law:
“(It) will help immensely and weeding those issues out, but that’s going to take some time,” he said. “It will also take, in my mind, some litigation to force some of the parties to comply with what the statute says.”
The new law also requires a base-level registration so state officials know how many sober living homes exist.
It takes effect June 7.
The state has less than 20 days to answer the lawsuit.
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