Sheriff Carter finds himself in one-person minority on RSW Jail leadership in wake of recent inmate fatalities

The Rappahannock-Shenandoah-Warren (Counties) Regional Jail (RSWRJ) dealt with Fiscal Year 2023 budget variables, the advisability of seeking American Correctional Association (ACA) certification, and the aftermath of the facility inmate opioid overdoses and one fatality, among other business at its meeting of April 28. And while discussion of “personnel matters” related to the “secreting in” of those opioid drugs continues to be done in Closed Session, it spilled into the re-convened open meeting after an hour-and-fifty-minutes behind closed doors.

That occurred when the only of the board’s three county sheriffs present for the 2 PM meeting, Shenandoah County Sheriff Tim Carter submitted a motion “to remove” RSW Regional Jail Superintendent Russ Gilkison “from his position immediately”. Carter prefaced his motion acknowledging he knew it likely would not have enough support to even get to a vote. And he was correct, the motion died without a second from the other eight board members present.

Shenandoah County Sheriff Tim Carter, near left, found himself in a one-person minority on his motion to remove RSWRJ Superintendent Russ Gilkison in the wake of two inmate fatalities in the past 5 months. His motion died without a second. Royal Examiner Photos by Roger Bianchini

Following the meeting’s adjournment Royal Examiner asked Sheriff Carter about his putting forward the motion he seemed to acknowledge knowing would have no support. “I think we need new leadership in this position. I think he’s placed our communities and the board in a bad position. And I’ve heard enough from those closed session meetings to lead me to believe – I don’t have any confidence in him.”

However, two other board members expressed a different perspective following the meeting. “Superintendent Gilkison has my complete confidence. He has masterfully managed the RSW Regional Jail facility and I strongly believe he has and continues to do what is best for inmates, staff, and the communities the facility serves, which balance can be very difficult to accomplish,” Authority Chairman and Rappahannock County Administrator Garrey Curry told Royal Examiner. Curry noted he was speaking for himself, not as chairman for the authority board as a whole.

Queried about the Carter motion dying without a second, Warren County Administrator and Authority Board member Ed Daley said, “The two incidents (the Dec. 12, 2021, Jonte Smith overdose fatality and March 1, 2022, female inmate Kacey Kerns death during a possible suicide attempt) demonstrate the importance of having procedures in place and ensuring that they are followed. We discussed the compliance report from the State Department of Corrections in March. It was very positive. The American Correctional Association (ACA) provides accreditation for correctional facilities that meet various standards. Russ has been gathering information regarding ACA standards and shared what he has with us at the meeting. We have asked for additional information regarding the value and the cost of ACA Accreditation compared to State Accreditation. The Superintendent and his staff are clearly on task and leading the Board in a positive direction.”

RSW Jail Superintendent Gilkison, middle left of table, reported on facility work and operations prior to the Authority Board’s going into Closed Session after 15 minutes in open session for continued discussion of personnel issues and possible litigation related to the facility’s 2 recent inmate deaths. They emerged an hour-and-50-minutes later to resume the open session at 4:05 PM.

The motion into Closed Session included in the meeting agenda packet reads: “Closed Session Pursuant to (Code) 2.2-3711 A1 for the discussion of personnel matters involving the performance of specific staff that was involved in the recent deaths in custody”. However, a late addition was added regarding “the possibility of litigation related to inmate deaths”.

Knowing he couldn’t comment on specifics of an ongoing investigation into personnel issues revolving around the recent fatal incidents, particularly the smuggling of drugs into the facility, we asked Superintendent Gilkison about the RSW Jail’s policy on searches of inmates entering the jail that were in place at the time it is believed the involved drugs were smuggled into RSWRJ in early December. He provided Royal Examiner with facility entry search policy guidelines predating the overdose incidents. Those guidelines, from which the below excerpts were taken, were implemented February 24, 2020, rescinding “all previous rules and regulations pertaining to the subject” at RSWRJ.

Unclothed Searches

1. Unclothed searches will be conducted on all general population inmates returning from court, regardless of the jurisdiction, as well as all newly committed inmates that will be assigned to general population. This is an effort to prevent any contraband coming into the facility; examples include, but are not limited to, the following:

• After receiving information directly from the arresting officer that the subject being committed may possibly be concealing weapons, drugs or contraband.
• Subject has a previous record of concealing contraband, weapons or drugs.
• Subject has previous or current charges involving drugs, weapons or smuggling.
• Has been incarcerated at another facility and is being transferred into the custody of the RSW Regional Jail. This includes those going out for overnight court to other jurisdictions.
• Any Work Release inmate removed from the program will be strip searched when the inmate returns to the RSW Regional Jail.

19. Per, Virginia Code 19.2-59.1, no person in custodial arrest for a traffic infraction, a Class 3 or Class 4 Misdemeanor or a violation of city, county or town ordinance, punishable by no more than thirty (30) days in jail, will be strip searched upon committal unless there is reasonable cause to believe on the part of a law enforcement officer that the individual is concealing a weapon.

1. All persons, once committed to the jail and after classification and medical screenings are completed, will have an unclothed search conducted prior to moving into General Population housing. No individual shall be moved to General Population prior to being unclothed searched.

Security upon entry continues to be a major concern at the RSW Regional Jail in the wake of two recent opioid overdoses, one leading to an inmate fatality. News was good on the COVID front, with no cases currently reported at the facility.

At its March meeting the RSWRJ Authority approved the acquisition of scanners that are designed to augment full body and body cavity searches. The Tek84 Intercept Whole Body Security Scanning System was approved for purchase at an initial cost of $149,000 with funding split between the Jail’s General Fund and Commissary Fund. It was noted that in the current Fiscal Year-2022 about $159,000 in additional bed rental fees had been collected from what was the projected revenue for the entire fiscal year. Some of that surplus would be applied to the General Fund contribution to the purchase. After the initial three-year parts, labor, and service contract expires an annual maintenance cost of $7,500 per year was forecast. There were no dissenting votes to the purchase.

ACA Accreditation

Also at its 2 PM April 28^th meeting, as noted by Ed Daley above, the RSWRJ Authority Board discussed the advisability of seeking American Correctional Association (ACA) accreditation. Information presented to the board noted that of a total of 59 jails in Virginia only 9 currently hold ACA accreditation. That includes 2 of 23 regional jails and 7 of 36 local jails. With an annual cost of $13,500 tied to achieving the official certification and maintaining it, the board decided additional information was necessary before reaching a decision. It was observed that a number of jails that had sought and received the certification had since lost or given it up.

Seeking information on why jails that had sought the accreditation and then given it up voluntarily would be helpful in understanding perceived drawbacks to official membership. It was noted that a jail could seek to self-regulate to the ACA standards without official involvement or accreditation from the national organization.

FY-2023 Budget

As to the jail’s approximately $16-million draft FY-23 budget, like municipalities across the commonwealth, RSW Regional Jail is awaiting final approval of a state budget. With state contributions still up in the air, the board and Finance and Personnel Committee are working with two Cost Of Living Act (COLA) increases, one at 10%, the other at 5%. It was predicted that the likely outcome of state funding would lead to a 5% or 4% increase. A vote was delayed, likely to next month’s meeting. The possibility of a work session prior to that late May meeting to cover over a final draft proposal, hopefully with actual state number to fill in, was broached.

In other business, during his Superintendent’s Report, Gilkison told the board that currently there are no COVID cases in the facility. However, screenings and quarantines upon entry are still being observed as a precaution. Work Release teams are still hitting various neighborhood roads for trash pickups, which has been well-received by impacted neighborhoods, Gilkison told the board. The facility is still dealing with over 40 staffing vacancies, some incurred with the onset of the COVID pandemic.

Prior to the late afternoon adjournment, coming meeting dates of May 26, July 28, and September 22 were set. All Authority Board meetings convene at 2 PM, generally following a 1:30 PM Finance and Personnel Committee meeting, as was the case this month.