H. B. 3293
(By Delegates Staton and Browning)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §31-20A-1, §31-20A-
1, §31-20A-2, §31-20A-3, §31-20A-4, §31-20A-5, §31-20A-6, §31-
20A-7, §31-20A-8, §31-20A-9, §31-20A-10, §31-20A-11, §31-20A-
12, §31-20A-13, §31-20A-14, §31-20A-15, and §31-20A-16,
relating to establishing residential treatment programs for
regional jail inmates who are abusers of alcohol and other
drugs.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §31-20A-1, §31-20A-1,
§31-20A-2, §31-20A-3, §31-20A-4, §31-20A-5, §31-20A-6, §31-20A-7,
§31-20A-8, §31-20A-9, §31-20A-10, §31-20A-11, §31-20A-12, §31-20A-
13, §31-20A-14, §31-20A-15, and §31-20A-16, to read as follows:
ARTICLE 20A. REGIONAL JAIL AUTHORITY ALCOHOL AND SUBSTANCE ABUSE TREATMENT ACT.
§31-20A-1. Short title.
This article may be cited as "The Regional Jail Authority
Alcohol and Substance Abuse Treatment Act.".
§
31-20A-2. Legislative findings.
The Legislature finds as follows:
(1) That West Virginia's prisons, regional jails and other
correctional facilities are housing large numbers of nonviolent
offenders that far exceed prior inmate populations which have
previously existed in this State;
(2) That this increased inmate population has not been
properly anticipated and has found the State ill-equipped to deal
with its accompanying problems;
(3) That although the State has completed large-scale
construction projects for prisons, regional jails and other
correctional facilities, it has not kept pace with the burgeoning
correctional populations;
(4) That because capital and operational costs have soared in
an expanding correctional system, there is a need for more
effective and less expensive approaches to sanctioning and
supervising nonviolent offenders;
(5) That because of the conflicting trends of escalating
demand and dwindling resources, it is in the best interests of the
citizens of the State for the Legislature to develop and evaluate cost-effective correctional options which reduce reliance on
incarceration while enhancing the reintegration of nonviolent
offenders into the community;
(6) That the abuse of alcohol and other drugs is a significant
cause of crimes, a major impediment to the rehabilitation of
persons convicted of crimes, and a prime factor in the rate of
recidivism;
(7) That a large majority of the inmates of this State's
regional jails are persons who are alcohol or drug abuse offenders;
(8) That the time during which alcohol or drug abuse offenders
are in custody presents a unique opportunity to provide them with
treatment; and
(9) That jail-based residential alcohol and drug treatment
programs, early release programs that include intensive reentry
services and supervision, and combinations of these and other
programs can substantially reduce the reliance on incarceration as
the sole or primary means of sanctioning nonviolent offenders.
§31-20A-3. Applicability of definitions.
For purposes of this article, the words or terms explicitly
defined in this article, and any variation of those words or terms
required by the context, have the meanings ascribed to them. These
definitions are applicable unless a different meaning clearly
appears from the context.
§31-20A-4. Abuser defined.
"Abuser" means a person who overindulges in, and is dependent
on an addictive substance, especially alcohol or other drugs.
§31-20A-5. Alcohol or drug abuse offender defined.
"Alcohol or drug abuse offender" means a person convicted of
a criminal offense directly or indirectly involving the person's
use or consumption of alcohol or other drugs.
§31-20A-6. Assessment defined.
"Assessment" means a comprehensive assessment for alcohol or
other drug abuse treatment. It is a thorough evaluation of the
individual, using multiple procedures and sources of information,
to establish the presence or absence of a diagnosable disorder or
disease and lay the clinical foundation for treatment. Assessment
shall include the use of the Addiction Severity Index (ASI),
available from the National Institute on Drug Abuse.
§31-20A-7. Regional Jail Authority defined.
"Regional Jail Authority" or "Authority" means the West
Virginia Regional Jail and Correctional Facilities Authority
created pursuant to the provisions of section three, article
twenty, chapter thirty-one of this code.
§31-20A-8. Residential treatment program defined.
"Residential treatment program" or "treatment program" means
a jail-based program established and utilized by the Regional Jail
Authority for incarcerated alcohol or drug abusing offenders in the
Regional Jail setting. The focus of a residential treatment program is to prepare the participating inmates for continued treatment on
the outside, giving the participants the message that the program
is the beginning of a treatment commitment, and that continuing
care will be arranged upon release.
§31-20A-9. Screening defined.
"Screening" means a process used to determine whether an
individual is a likely candidate for participation in a jail-based
residential treatment program. As used in this article, screening
is used to identify individuals who:
(1) Have alcohol or other drug abuse problems that may warrant
treatment;
(2) Have infectious diseases including, but not limited to,
tuberculosis, HIV/AIDS, or sexually transmitted diseases; and
(3) Fit within the target population of the treatment program
in terms of criminal justice criteria, such as current charges
pending, or prior criminal records.
§31-20A-10. Establishment of residential treatment programs in
Regional Jails.
(a) Within the limitations of available appropriations and
other funding sources, the Regional Jail Authority shall establish
one or more pilot projects, aimed at developing and implementing
residential treatment programs in the regional jails of this state.
§31-20A-11. General program requirements.
A residential treatment program established pursuant to this article will provide individual and group treatment activities for
misdemeanor offenders confined in a regional jail. A residential
treatment program shall:
(1) Last at least three months;
(2) To the extent possible, segregate alcohol or drug abusers
who are participating in treatment from the general inmate
population, so as to permit the establishment of a supportive
social environment within the jail that will allow abusers to
participate in a structured program and form supportive bonds with
others in treatment and with treatment staff;
(3) Focus on the inmates' abuse of alcohol or other drugs;
(4) Develop the inmates' cognitive, behavioral, social,
vocational, and other skills to solve alcohol or drug abuse and
related problems; and
(5) Be science-based and effective.
§31-20A-12. Goals of a residential treatment program.
Goals of a residential treatment program within a Regional
Jail are intended to prepare an offender who is an abuser of
alcohol or other drugs for treatment and a return to the community
by:
(1) Providing education about recovery;
(2) Increasing the offender's self-awareness regarding the
abuse of alcohol or other drugs and the detrimental effects that
the abuse of alcohol or other drugs has on an abuser individually, on an abuser's family, on an abuser's employment and income status;
and on an abuser's other societal relationships;
(3) Providing an understanding of the need for treatment;
(4) Increasing awareness about solutions and resources; and
(5) Generating treatment motivation.
§31-20A-13. Design and planning of treatment programs in Regional
Jails.
(a) Treatment programs established by the Regional Jail
Authority for alcohol and drug abusers shall be specifically
designed for use in a regional jail facility.
(b) Planning and design of a treatment program shall give
consideration to:
(1) The problems created by short stays, varying lengths of
stay, frequent disruptions, overcrowding and understaffing of
regional jails;
(2) Programs in other jurisdictions that have been shown to be
effective in jails or other correctional facilities by producing
positive results in such categories as reduced recidivism;
(3) The recognition that an effective treatment program
developed for a Regional Jail population will address familial,
vocational, and social issues that will help support treatment
goals, minimize the risk of relapse, and decrease the risk of
criminal behavior; and
(4) Funding that is or may be available from legislative appropriations, federal grants, private foundations or entities,
and other sources.
§31-20A-14. Elements of designing and planning.
Design and planning of a treatment program in a Regional Jail
facility shall include consideration of the following elements:
(1) Program admission criteria and procedures that may be in
addition to those set forth in this article;
(2) Screening of incoming Regional Jail inmates;
(3) Assessment of each participating Regional Jail inmate,
designed to determine the drug and alcohol abuse and addiction
needs of a participant and to address other issues essential to a
participant's successful reintegration into the community;
(4) Recognition that flexible programming and the involvement
of courts and other community agencies and providers are critical
to any preparation for joint program strategies and interactions
among the justice system, the alcohol and drug abuse treatment
system, and the community;
(5) Determination of which categories of care and components
of treatment may be critical to engaging individuals in treatment;
(6) Division of curricula into flexible units, recognizing
that no single approach to treatment works for all persons;
(7) Supervision of the participant's progress in treatment;
(8) Guidance to help incarcerated abusers make the transition
from being inmates to being participants in alcohol and drug abuse treatment programs when they become available;
(9) Staffing and cross-system liaison;
(10) Management of information; and
(11) Program monitoring.
§31-20A-15. Consideration for early release.
(a) An inmate who was sentenced to a term of confinement in a
regional jail, who is determined to be an abuser of alcohol or
other drugs, and who successfully completes the residential alcohol
or drug abuse treatment program during his or her current
commitment may be eligible, in accordance with the provisions of
this section, for early release by a period not to exceed three
months.
(b) The following categories of inmates are not eligible for
early release:
(A) Pretrial inmates;
(B) Contractual boarders (for example, federal or military
inmates); or
(C) Inmates who have a prior felony or misdemeanor conviction
for homicide, forcible rape, robbery, or aggravated assault, or
child sexual abuse offenses;
(c)(1)Eligible inmates currently enrolled in a residential
drug abuse treatment program shall automatically be considered for
early release.
(2) An inmate who has previously completed a residential drug abuse treatment program that matches the treatment program
established under this article must notify a designated officer or
employee of the facility by written request in order to be
considered for early release. The inmate may be required to
participate in a refresher treatment program.
(d)(1) Except as specified in subdivisions (2) and (3) of this
subsection, an inmate who is approved for early release may receive
a reduction of sentence of up to three months.
(2) If the inmate has less than three months to serve after
completion of all required transitional services, the amount of
reduction may not exceed the amount of time left on service of
sentence.
(3) If the inmate cannot fulfill his or her residential
treatment obligations by the presumptive release date, the Regional
Jail Authority may adjust the presumptive release date by the
minimum amount of time necessary to allow for fulfillment of the
treatment obligations.
Judiciary Tittle Amendment Pending
H. B. 3293- "A Bill to amend the code of West Virginia, 1931, as
amended, by adding thereto a new article, designated §31-20A-1,
§31-20A-2, §31-20A-3, §31-20A-4, §31-20A-5, §31-20A-6, §31-20A-7,
§31-20A-8, §31-20A-9, §31-20A-10, §31-20A-11, §31-20A-12, §31-20A-13, §31-20A-14 and §31-20A-15, all relating to establishing
residential treatment programs for regional jail inmates who are
abusers of alcohol and other drugs."
Judiciary Committee amendment Pending
On page one, following the enacting clause, by striking out the
remainder of the bill and inserting in lieu thereof the following:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §31-20A-1, §31-20A-2,
§31-20A-3, §31-20A-4, §31-20A-5, §31-20A-6, §31-20A-7, §31-20A-8,
§31-20A-9, §31-20A-10, §31-20A-11, §31-20A-12, §31-20A-13, §31-20A-
14 and §31-20A-15, all to read as follows:
ARTICLE 20A. REGIONAL JAIL AUTHORITY ALCOHOL AND SUBSTANCE ABUSE
TREATMENT ACT.
§31-20A-1. Short title.
This article may be cited as "The Regional Jail Authority
Alcohol and Substance Abuse Treatment Act.".
§31-20A-2. Legislative findings.
The Legislature finds as follows:
(1) That West Virginia's prisons, regional jails and other
correctional facilities are housing large numbers of nonviolent
offenders that far exceed prior inmate populations which have
previously existed in this State;
(2) That this increased inmate population has not been
properly anticipated and has found the State ill-equipped to deal
with its accompanying problems;
(3) That although the State has completed large-scale
construction projects for prisons, regional jails and other
correctional facilities, it has not kept pace with the burgeoning
correctional populations;
(4) That because capital and operational costs have soared in
an expanding correctional system, there is a need for more
effective and less expensive approaches to sanctioning and
supervising nonviolent offenders;
(5) That because of the conflicting trends of escalating
demand and dwindling resources, it is in the best interests of the
citizens of the State for the Legislature to develop and evaluate
cost-effective correctional options which reduce reliance on
incarceration while enhancing the reintegration of nonviolent
offenders into the community;
(6) That the abuse of alcohol and other drugs is a significant
cause of crimes, a major impediment to the rehabilitation of
persons convicted of crimes, and a prime factor in the rate of
recidivism;
(7) That a large majority of the inmates of this State's
regional jails are persons who are alcohol or drug abuse offenders;
(8) That the time during which alcohol or drug abuse offenders are in custody presents a unique opportunity to provide them with
treatment; and
(9) That jail-based residential alcohol and drug treatment
programs, early release programs that include intensive reentry
services and supervision, and combinations of these and other
programs can substantially reduce the reliance on incarceration as
the sole or primary means of sanctioning nonviolent offenders.
§31-20A-3. Applicability of definitions.
For purposes of this article, the words or terms explicitly
defined in this article, and any variation of those words or terms
required by the context, have the meanings ascribed to them. These
definitions are applicable unless a different meaning clearly
appears from the context.
§31-20A-4. Abuser defined.
"Abuser" means a person who overindulges in, and is dependent
on an addictive substance, especially alcohol or other drugs.
§31-20A-5. Alcohol or drug abuse offender defined.
"Alcohol or drug abuse offender" means a person convicted of
a criminal offense directly or indirectly involving the person's
use or consumption of alcohol or other drugs.
§31-20A-6. Assessment defined.
"Assessment" means a comprehensive assessment for alcohol or
other drug abuse treatment. It is a thorough evaluation of the
individual, using multiple procedures and sources of information, to establish the presence or absence of a diagnosable disorder or
disease and lay the clinical foundation for treatment. Assessment
shall include the use of the Addiction Severity Index (ASI),
available from the National Institute on Drug Abuse.
§31-20A-7. Regional Jail Authority defined.
"Regional Jail Authority" or "Authority" means the West
Virginia Regional Jail and Correctional Facilities Authority
created pursuant to the provisions of section three, article
twenty, chapter thirty-one of this code.
§31-20A-8. Residential treatment program defined.
"Residential treatment program" or "treatment program" means
a jail-based program established and utilized by the Regional Jail
Authority for incarcerated alcohol or drug abusing offenders in the
Regional Jail setting. The focus of a residential treatment
program is to prepare the participating inmates for continued
treatment on the outside, giving the participants the message that
the program is the beginning of a treatment commitment, and that
continuing care will be arranged upon release.
§31-20A-9. Screening defined.
"Screening" means a process used to determine whether an
individual is a likely candidate for participation in a jail-based
residential treatment program. As used in this article, screening
is used to identify individuals who:
(1) Have alcohol or other drug abuse problems that may warrant treatment;
(2) Have infectious diseases including, but not limited to,
tuberculosis, HIV/AIDS, or sexually transmitted diseases; and
(3) Fit within the target population of the treatment program
in terms of criminal justice criteria, such as current charges
pending, or prior criminal records.
§31-20A-10. Establishment of residential treatment programs in
Regional Jails.
(a) Within the limitations of available appropriations and
other funding sources, the Regional Jail Authority shall establish
one or more pilot projects, aimed at developing and implementing
residential treatment programs in the regional jails of this state.
§31-20A-11. General program requirements.
A residential treatment program established pursuant to this
article will provide individual and group treatment activities for
misdemeanor offenders confined in a regional jail. A residential
treatment program shall:
(1) Last at least three months;
(2) To the extent possible, segregate alcohol or drug abusers
who are participating in treatment from the general inmate
population, so as to permit the establishment of a supportive
social environment within the jail that will allow abusers to
participate in a structured program and form supportive bonds with
others in treatment and with treatment staff;
(3) Focus on the inmates' abuse of alcohol or other drugs;
(4) Develop the inmates' cognitive, behavioral, social,
vocational, and other skills to solve alcohol or drug abuse and
related problems; and
(5) Be science-based and effective.
§31-20A-12. Goals of a residential treatment program.
Goals of a residential treatment program within a Regional
Jail are intended to prepare an offender who is an abuser of
alcohol or other drugs for treatment and a return to the community
by:
(1) Providing education about recovery;
(2) Increasing the offender's self-awareness regarding the
abuse of alcohol or other drugs and the detrimental effects that
the abuse of alcohol or other drugs has on an abuser individually,
on an abuser's family, on an abuser's employment and income status;
and on an abuser's other societal relationships;
(3) Providing an understanding of the need for treatment;
(4) Increasing awareness about solutions and resources; and
(5) Generating treatment motivation.
§31-20A-13. Design and planning of treatment programs in Regional
Jails.
(a) Treatment programs established by the Regional Jail
Authority for alcohol and drug abusers shall be specifically
designed for use in a regional jail facility.
(b) Planning and design of a treatment program shall give
consideration to:
(1) The problems created by short stays, varying lengths of
stay, frequent disruptions, overcrowding and understaffing of
regional jails;
(2) Programs in other jurisdictions that have been shown to be
effective in jails or other correctional facilities by producing
positive results in such categories as reduced recidivism;
(3) The recognition that an effective treatment program
developed for a Regional Jail population will address familial,
vocational, and social issues that will help support treatment
goals, minimize the risk of relapse, and decrease the risk of
criminal behavior; and
(4) Funding that is or may be available from legislative
appropriations, federal grants, private foundations or entities,
and other sources.
§31-20A-14. Elements of designing and planning.
Design and planning of a treatment program in a Regional Jail
facility shall include consideration of the following elements:
(1) Program admission criteria and procedures that may be in
addition to those set forth in this article;
(2) Screening of incoming Regional Jail inmates;
(3) Assessment of each participating Regional Jail inmate,
designed to determine the drug and alcohol abuse and addiction needs of a participant and to address other issues essential to a
participant's successful reintegration into the community;
(4) Recognition that flexible programming and the involvement
of courts and other community agencies and providers are critical
to any preparation for joint program strategies and interactions
among the justice system, the alcohol and drug abuse treatment
system, and the community;
(5) Determination of which categories of care and components
of treatment may be critical to engaging individuals in treatment;
(6) Division of curricula into flexible units, recognizing
that no single approach to treatment works for all persons;
(7) Supervision of the participant's progress in treatment;
(8) Guidance to help incarcerated abusers make the transition
from being inmates to being participants in alcohol and drug abuse
treatment programs when they become available;
(9) Staffing and cross-system liaison;
(10) Management of information; and
(11) Program monitoring.
§31-20A-15. Consideration for early release.
(a) An inmate who was sentenced to a term of confinement in a
regional jail, who is determined to be an abuser of alcohol or
other drugs, and who successfully completes the residential alcohol
or drug abuse treatment program during his or her current
commitment may be eligible, in accordance with the provisions of this section, for early release by a period not to exceed thirty
days.
(b) The following categories of inmates are not eligible for
early release:
(A) Pretrial inmates;
(B) Contractual boarders (for example, federal or military
inmates); or
(C) Inmates who have a prior felony or misdemeanor conviction
for homicide, forcible rape, robbery, or aggravated assault, or
child sexual abuse offenses;
(c)Eligible inmates currently enrolled in a residential drug
abuse treatment program shall automatically be considered for early
release.
(d)(1) Except as specified in subdivisions (2) and (3) of this
subsection, an inmate who is approved for early release may receive
a reduction of sentence of up to thirty days.
(2) If the inmate has less than thirty days to serve after
completion of all required transitional services, the amount of
reduction may not exceed the amount of time left on service of
sentence.