H. B. 2082
(By Delegate Love)
[Introduced Januaary 19, 1995; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
three-gg; and to amend and reenact section thirteen-b,
article five, chapter forty-nine of said code, all relating
to requiring county commissions to create and implement
community service programs to be used as alternative
sentencing mechanisms in lieu of fining juvenile offenders;
requiring county commissions to receive the advice and
counsel of the prosecuting attorney in developing and
implementing the program; providing for a supervisor to oversee the program; minimum qualifications for supervisors;
limiting a supervisor's personal liability; types of
activities to be engaged in; and granting authority to the
courts to sentence juvenile offenders to county community
service programs in lieu of fining them.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
three-gg; and that section thirteen-b, article five, chapter
forty-nine of said code be amended and reenacted, all to read as
follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-3gg. County community service programs; appointment of
supervisor; a supervisor's duties; activities;
restriction of activities for benefit of state.
(a) In addition to all other powers and duties conferred by
law upon county commissions, as set forth in this article, county
commissions shall develop and fully implement a county community
service program to be used by the circuit court for alternative sentencing for juvenile offenders in lieu of levying a fine.
Prior to implementing a county community service program,
the commission shall receive the advice and counsel of the
prosecuting attorney regarding the development and implementation
of the program as well as the types of community service
activities to be included therein.
Activities that juvenile offenders who qualify for the
program are required to perform shall include, but not be limited
to, the following: (1) Janitorial services; (2) manual labor
related to gardening or landscaping activities; (3) painting of
buildings or structures or activities related to the painting;
(4) collection of garbage and debris; and (5) washing motor
vehicles: Provided, That nothing contained herein shall be
construed to prevent a county community service program from
enlisting any special skills that an offender may possess in the
event such skills may be utilized in a cost saving, constructive,
productive or otherwise beneficial manner relative to the needs
of a municipality, county or of the state and without undue risk
or danger to the offender.
(b) Prior to implementation of a program, the county commission shall appoint a supervisor to oversee the
implementation of the program. The commission shall provide a
salary for the supervisor from its annual budget: Provided, That
no more than twenty thousand dollars may be paid to any
supervisor in any one fiscal year. A supervisor shall hold an
undergraduate degree from an accredited institution of higher
education with a major in law enforcement or corrections or he or
she shall have a minimum of three years of experience as a law
enforcement or corrections officer. Any supervisor who is
appointed hereunder while working in any county, municipal or
state law enforcement agency or correctional facility may, with
the consent of his or her superiors, continue to perform his or
her regular duties with the law enforcement agency or
correctional facility: Provided, however, That in the event the
law enforcement or corrections officer continues to perform his
or her regular duties after being appointed as supervisor to a
county community service program, the law enforcement agency
employing the officer must be located in the same county wherein
the officer will perform duties as supervisor for the community
service program.
(c) The supervisor of a community service program shall have
the following duties: (1) When directed by the court, he or she
shall conduct a presentence screening to determine the
suitability of any juvenile offender for acceptance in the
program and make a recommendation to the court in accordance with
the screening; (2) he or she shall be responsible for the safety
and well-being of any juvenile offender committed to his or her
supervision: Provided, That any supervisor appointed hereunder
may not be held personally liable for injuries or damages for his
or her acts or omissions unless the acts or omissions were
committed or omitted in a grossly negligent, wanton, reckless or
intentional manner; (3) he or she shall insure that any juvenile
offender committed to his or her supervision performs the
specific community service activities assigned either by the
court, or by the supervisor if such supervisor is directed by the
court to assign the activities; (4) in the event any juvenile
offender fails or refuses to comply with a court's sentence of
community service the supervisor shall so notify the court in a
timely manner so that the court may take appropriate action; and
(5) he or she shall report to the county commission biennially regarding the success or failure of the community service
program: Provided, however, That the county commission shall
develop criteria from which the success or failure of the program
may be judged. The criteria shall include, but not be limited
to, the following: (i) Estimated reductions in costs to the
county resulting from work performed by juvenile offenders that
otherwise would have been performed by county employees or
independent contractors; (ii) the percentage of juvenile
offenders who have participated in the program in a fiscal year
who have been arrested or convicted for criminal or status
offenses during or after participating in the program, whether as
juveniles or adults; (iii) the percentage of juvenile offenders
who successfully complete a sentence of community service in a
fiscal year; (iv) the costs to the county in maintaining the
program; (v) payments to third parties for claims that are
attributable to the activities of any person or persons that
occurred while such person or persons were participating in the
program; and (vi) any capital improvements, renovations or
completed projects involving the beautification of any grounds or
facilities owned by a municipality, county or by the state, that were substantially aided by the activities of offenders
participating in the program.
Any community service program developed and implemented
hereunder may not utilize the labor or skill of any juvenile
offender for the improvement or benefit of other than municipal,
county or state-owned property.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-13b. Authority of the courts to order fines; revocation
of vehicle privileges and restitution.
(a) In addition to the methods of disposition provided in
section thirteen of this article, the court may enter an order
imposing one or more of the following penalties, conditions and
limitations:
(1) Impose a fine not to exceed one hundred dollars upon
such child the juvenile;
(2) Require the child juvenile to make restitution or
reparation to the aggrieved party or parties for actual damages
or loss caused by the offense for which the child juvenile was
found to be delinquent;
(3) Require the child juvenile to participate in a public service project under such conditions as the court prescribes,
including participation in the litter control program established
pursuant to the authority of section twenty-five, article seven,
chapter twenty of this code or in a county community service
program for juvenile offenders as prescribed in section three-gg,
article one, chapter seven of this code;
(4) When the child juvenile is fifteen years of age or
younger and has been adjudged delinquent, the court may order
that the child juvenile is not eligible to be issued a junior
probationary operator's license or when the child juvenile is
between the ages of sixteen and eighteen years and has been
adjudged delinquent, the court may order that the child juvenile
is not eligible to operate a motor vehicle in this state, and any
junior or probationary operator's license shall be surrendered to
the court. Such child's juvenile's driving privileges shall be
suspended for a period not to exceed two years, and the clerk of
the court shall notify the commissioner of the department of
motor vehicles of such the order.
(b) Nothing herein stated shall limit the discretion of the
court in disposing of a juvenile case: Provided, That the juvenile shall not be denied probation or any other disposition
pursuant to this article because the juvenile is financially
unable to pay a fine or make restitution or reparation:
Provided, however, That all penalties, conditions and limitations
imposed under this section shall be based upon a consideration by
the court of the seriousness of the offense, the child's
juvenile's ability to pay, and a program of rehabilitation
consistent with the best interests of the child juvenile.
(c) Notwithstanding any other provisions of this code to the
contrary, in the event a child juvenile charged with delinquency
under this chapter is transferred to adult jurisdiction and there
convicted, the court may nevertheless, in lieu of sentencing such
person the juvenile as an adult, make its disposition in
accordance with this section.
NOTE: The purpose of this bill is to require county
commissions to develop and implement county community service
programs to be used in sentencing juvenile offenders in lieu of
imposing fines. The bill provides for the appointment of a
supervisor to oversee the program while prescribing minimum
qualifications for the supervisor.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.
Section three-gg is new; therefore, strike-throughs and
underscoring have been omitted.