State of WV v. Jarvis
Annotate this CaseJanuary 1997 Term
____________
No. 23904
____________
STATE OF WEST VIRGINIA,
Plaintiff Below, Appellee,
v.
RAYMOND JARVIS,
Defendant Below, Appellant
_________________________________________
Appeal from the Circuit Court of Nicholas County
Honorable Gary L. Johnson, Circuit Judge
Criminal Action No. 91-F-8
AFFIRMED
__________________________________________
Submitted: April 30, 1997
Filed: May 30, 1997
Leslie K. Kiser Leonard Kaplan
Senior Assistant Attorney General Assistant Public Defender
Charleston, West Virginia Charleston, West Virginia
Attorney for Appellee Attorney for Appellant
CHIEF JUSTICE WORKMAN delivered the Opinion of the Court.
SYLLABUS BY THE COURT
1. "A statutory provision which is clear and unambiguous and plainly
expresses the legislative intent will not be interpreted by the courts but will be given full
force and effect." Syl. Pt. 2, State v. Epperly, 135 W. Va. 877, 65 S.E.2d 488 (1951).
2. An inmate who has been sentenced to the West Virginia State Penitentiary
and performs work as a trustee at a county or regional jail while awaiting transfer cannot
accumulate "good time" credit for the work performed pursuant to the provisions of West
Virginia Code 17-15-4 (1996).
3. The provisions of West Virginia Code 28-5-27 (1992) solely govern the
accumulation of "good time" for inmates sentenced to the West Virginia State Penitentiary.
Workman, Chief Justice:
Raymond Jarvis appeals from the February 1, 1996, order of the Circuit Court
of Nicholas County denying his motion for modification of sentence based on the alleged
accumulation of good time credit for days worked as a trustee. This case presents the issue
of whether West Virginia Code 17-15-4 (1996), which concerns "good time" credit for
work performed by inmates at county jails, applies to inmates sentenced to the penitentiary
who are incarcerated in a county jail while awaiting transfer. After reviewing the applicable
statutes, we conclude that it does not, and accordingly affirm the decision of the lower court.
Appellant was sentenced by order dated October 28, 1992, to two consecutive
one-to-five year sentences for first degree sexual abuse. He was detained at the Central
Regional Jail from February 22, 1993, to August 11, 1994, while awaiting transfer to the
Huttonsville Correctional Center. While at the jail, Appellant performed 195 days of work
as a trustee.(1)
On November 28, 1995, Appellant filed a motion for modification of sentence with the circuit court through which he sought to have his sentence reduced based on the alleged accumulation of "good time" credit. The circuit court denied Appellant's motion, finding that:
West Virginia Code 17-15-4 only applies to persons
sentenced to confinement at a regional jail. This defendant was
not sentenced to confinement at the regional jail, but to
confinement at the West Virginia State Penitentiary.
Appellant filed a habeas corpus petition with this Court on February 14, 1996, and this Court
granted the petition(2) by order entered December 6, 1996.
At the center of the issue presented is the language of West Virginia Code 17-15-4, which states in applicable part,
(a) Any person convicted of a criminal offense and sentenced to confinement in a county or regional jail shall, as incident to such sentence of confinement, be required to perform labor within the jail, as a trustee or otherwise, or in and upon the buildings, grounds, institutions, roads, bridges, streams or other public works of the county or the area within which the regional jail is located . . . .
. . . .
(g) Any inmate who performs work pursuant to the provisions of this section shall receive as sole and full compensation therefor, a reduction in his or her term of incarceration of not more than twenty-five percent of the original sentence . . . .
(h) Any person being held as a detainee or for contempt
may voluntarily participate in such labor as provided for in this
section under the terms and conditions hereinbefore set forth.
W. Va. Code 17-15-4(a), (g), (h) (emphasis supplied).
Appellant argues that although he was sentenced to the penitentiary, he was
de facto serving a sentence at the regional jail while awaiting transfer and therefore, is
entitled to the "good time" credit provisions of West Virginia Code 17-15-4. Alternatively,
he suggests that he comes within the statute as a detainee pursuant to subsection (g). In
response to these arguments, the State maintains that West Virginia Code 17-15-4 is only
applicable to inmates who have been "sentenced to confinement in a county or regional jail."
W. Va. Code 17-15-4(a). Since Appellant was sentenced to the penitentiary, the State
concludes that the "good time" credit provisions of West Virginia Code 17-15-4 cannot
be used to modify Mr. Jarvis' sentence. As additional support for its position, the State cites
the language of West Virginia Code 28-5-27(k) (1992) that expressly limits the
accumulation of "good time or credit" for inmates of the Department of Corrections to "the
manner provided in this section."
Well-established rules of construction require that "[a] statutory provision
which is clear and unambiguous and plainly expresses the legislative intent will not be
interpreted by the courts but will be given full force and effect." Syl. Pt. 2, State v. Epperly,
135 W. Va. 877, 65 S.E.2d 488 (1951). We agree with the position advocated by the State
and adopted by the circuit court below--the statutory language of West Virginia Code 17-15-4(a) unambiguously states that it applies to inmates "sentenced to confinement in a county
or regional jail." Appellant does not dispute that he was not sentenced to confinement in a
county or regional jail, but seeks to obtain credit strictly by virtue of the fact that he
performed work while detained at the regional jail. The fact that he was detained at the jail
while awaiting transfer, however, does not alter the clear intent of the Legislature that "good
time" credit for work performed as a trustee is limited to inmates sentenced to confinement
at county or regional jails.
The provisions of West Virginia Code 28-5-27 establish the conditions under
which "good time" credit may be acquired for inmates sentenced to confinement at the
penitentiary. While that statute extends credit for good conduct pursuant to the conditions
stated therein, there is no provision comparable to West Virginia Code 17-15-4 that would
permit "good time" credit for work performed as a trustee. Moreover, that section states in
no uncertain terms that "[t]here shall be no grants or accumulations of good time or credit
to any inmate now or hereafter serving a sentence in the custody of the department of
corrections except in the manner provided in this section." W. Va. Code 28-5-27(k).
Accordingly, we hold that an inmate who has been sentenced to the West Virginia State Penitentiary and performs work as a trustee at a county or regional jail while awaiting transfer cannot accumulate "good time" credit for the work performed pursuant to the provisions of West Virginia Code 17-15-4. The provisions of West Virginia Code 28-5-27 solely govern the accumulation of "good time" for inmates sentenced to the West Virginia State Penitentiary.
Based on the foregoing, the decision of the Circuit Court of Nicholas County is hereby affirmed.
Affirmed.
1. There is no controversy regarding the period of time that Appellant worked as a trustee; the dispute is limited to whether such time can be credited against his sentence.
2. The habeas petition is being treated as a petition for appeal.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.