James Elam (District 36)

Please provide some basic information about yourself.

Name James Elam

Office Sought House of Delegates, District 36

City/Town Charleston

From 1980 to 2016 the West Virginia state prison population has increased by 470%. What, if anything, would you change to reverse this trend?

As a former Corrections Officer I’ve seen the problems occurring in State correctional system first hand. I’ve stated publicly, numerous times, I’d support commuting the sentences of non-violent drug offenders, and placing them into recovery centers where they can end the grip of substance abuse addiction. Proper rehabilitative care can reduce recidivism. Treating everyone with compassion, respect, and fairness is what brought me the furthest in my Corrections career.

Civil asset forfeiture is a process where police can seize any property "related" to criminal activity and later can file a civil case to forfeit the property to either be used or auctioned for money which is shared between the police department and local prosecutor. This can happen regardless of whether there is a criminal conviction or even criminal charges brought against a person.Proponents say this is a useful tool for taking ill-gotten gains from criminals and funding police work, and that legal protections adequately prevent abuse of the system.Critics say the system amounts to theft, that many people cannot afford the legal costs to challenge a forfeiture action, and that it creates a perverse incentive for police.Do you support or oppose the practice of civil asset forfeiture? What, if any, reforms would you make to the practice?

I would 100% oppose this. Sounds more like stealing to me. I would abolish the practice of all those who have yet to be convicted of a crime. Those simply charged with the crime should receive the benefit of reasonable doubt, unless convicted otherwise. This is an abuse and travesty of justice and the practice must STOP.

More than half the population of West Virginia's regional jails are pre-trial. That means they haven't been found guilty of any crime yet. Most are there because they could not afford bail, though some are there because they were denied a chance to post bail. What changes, if any would you make to our pretrial and/or bail system to balance concerns about safety and court efficiency with ensuring we are not incarcerating people without due process?

To save tax-payers money (and again an issue I have championed during my time as a Corrections Officer and candidate for WV House) release those offenders who are non-violent in nature. Many of the people sitting in our state jails and prisons are there due to substance abuse. Those who do not show a direct risk to the community and safety of other should have the opportunity to be released on their own personal recognizance until their date in court is set. We must remember they aren’t guilty unless they’re proven guilty. All persons remain innocent until it’s proven otherwise. You won’t find anyone who has more of a passion for this sentiment that myself. I’ve seen this broken criminal justice system up close and personal working with offenders behind bars.

In 2015 West Virginia passed significant reforms to the juvenile justice system. Despite these reforms, the State still utilizes out of home placement at a high rate for system-involved youth. What, if anything, should West Virginia do to reduce out-of-home placements for system-involved juveniles?

There is a DRASTIC need for community-based mental health and behavioral health services for our children. Additionally, schools should act as a liaison to provide the resources necessary to our WV families and children, instead of out-of-home placements. Increased mental health-care and behavioral services would be beneficial to the many juvenile offenders who suffer from a mental health disorder.

West Virginia has a very low voter participation rate. What changes, if any, would you make to increase voter participation?

End voter suppression. End the requirement of showing ID to vote. Ensure all West Virginians have access to a medium in which to register to vote. Especially online registration.

Over the past few years, there has been legislation aimed at requiring the Bible to be taught in public schools, allowing a Bible-based elective, or faith-based drug prevention electives. What is your stance on incorporating religion into the public schools?

I am a proud Methodist. HOWEVER, we live in a nation that is governed by the great Constitution of the United States. The First Amendment to the Constitution granted all Americans the express freedom of religion. When we take an oath of office, we don’t swear to uphold the ideals and beliefs of a certain faith—we swear to uphold the Constitution of the United States. Separation of church and state is a very passionate topic for me. If we are to teach one religion, we must teach about all religions. It’s my opinion keep the Bible in church, not in our classrooms. We must represent all our constituents, not just those who are Christian.

At least 20 states have passed laws prohibiting discrimination in housing, employment, and public accommodations on the basis of sexual orientation and gender identity. 13 West Virginia municipalities have similar protections. Do you support or oppose a statewide law prohibiting discrimination on the basis of sexual orientation and gender identity in West Virginia? Why?

I am gay. I have been out of the closet nearly 10 years. That’s why this issue is personal for me. This is my very way of life I am fighting for. I shouldn’t have to worry about losing my job or my housing because of who I fell in love with. NO ONE should be denied public accommodations on the basis of their sexual orientation or gender identity either. Period. I was publicly beaten and attacked (physically) on Charleston’s East End in 2015, and there wasn’t even a police report taken down. That’s why I fight so hard for the LGBTQ community. We deserve justice—not to be treated like we’re second class citizens!

In December 2019, Governor Justice announced that West Virginia would continue accepting refugees. Do you support or oppose accepting refugees in West Virginia? Under what conditions? Why?

I support accepting refugees. All those who seek entry into this State should know they are welcomed with open, loving arms. That’s who we are as West Virginians.

Q10

Over the past few years, some states have continued to erode protections and access to abortion care. Other states have done the opposite and codified abortion rights that had previously been defined by courts. Do you favor further restrictions to abortion, expanding or codifying abortion rights, or taking no action on abortion?

I would expand and codify abortion rights. I would not support any proposal that overturns Roe v. Wade which is the law of the land. I also would’ve not supported HB 4007 during the 2020 session.