 Berger also said she could not order the Republican governor to use his discretionary power to commute sentences and pardon inmates to address her for crowding. In May, Justice entered a nearly two-year state of emergency over staffing in the State Division of Corrections and Rehabilitation. The State National Guard was used to help stop Berger attrition at jails and prisons. Last summer, the vacancy rate was more than 30 percent. Still, over 730 National Guard members worked in 17 correctional facilities while the state of emergency was in place.