Senate Bill No. 345

(By Senators Manchin and Oliverio)

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[Introduced February 14, 1995; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact sections six and six-a, article five-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two, four, five, six and seven, article five-b of said chapter, all relating to changing the authority for juvenile detention centers from the department of health and human resources to the department of military affairs and public safety.

Be it enacted by the Legislature of West Virginia:
That sections six and six-a, article five-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections two, four, five, six and seven, article five-b of said chapter be amended and reenacted, all to read as follows:
ARTICLE 5A. JUVENILE REFEREE SYSTEM.

§49-5A-6. Assistance of department of military affairs and


public safety.


(a) Effective on the passage of this amendment to this section, the authority for regional juvenile detention centers is transferred from the department of health and human resources to the department of military affairs and public safety.
(b) With the approval of the commissioner of welfare the department of welfare secretary of military affairs and public safety, the department of military affairs and public safety is authorized to assign the necessary personnel and provide adequate space for the support and operation of any facility not a jail providing for the detention of children as provided in this article, subject to and not inconsistent with the appropriation and availability of funds.
§49-5A-6a. State plan for predisposition detention of juveniles.

(a) The secretary of the department of health and human resources department of military affairs and public safety and the legislative commission on juvenile law shall develop a comprehensive plan to maintain and improve a unified state system of predispositional detention for juveniles. The secretary and the commission plan shall consider recommendations from the division of corrections, the governor's committee on crime, delinquency and correction, the juvenile justice committee, the state board of education, detention center personnel, juvenile probation officers of the department of health and human resources or the department of military affairs and public safety and judicial and law-enforcement officials from throughout the state.
The principal purpose of the plan shall be, through statements of policy and program goals, to provide for the effective and efficient use of juvenile detention facilities licensed or operated by local units of government and the state, including those operated regionally by the department of health and human resources military affairs and public safety.
(b) The plan shall identify operational problems of secure detention centers, including, but not limited to, overcrowding, security and violence within centers, difficulties in moving juveniles through the centers within required time periods, health needs, educational needs, transportation problems, staff turnover and morale and other perceived problem areas. The plan shall further provide recommendations directed to alleviate the problems.
(c) The plan shall include, but not be limited to, statements of policies and goals in the following areas:
(1) Licensing of secure detention centers;
(2) Criteria for placing juveniles in detention;
(3) Alternatives to secure detention;
(4) Allocation of fiscal resources to the costs of secure detention facilities;
(5) Information and referral services; and
(6) Educational regulations developed and approved by the West Virginia board of education.
(d) The legislative commission on juvenile law, or a designated subcommittee or task force thereof, shall act in a continuing capacity as an oversight committee, and shall assist the secretary of the department of health and human resources in the periodic review and update of the state plan for the predisposition detention of juveniles.
ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.

§49-5B-2. Purpose and intent.

It is the purpose and intent of the Legislature to provide for the creation of all reasonable means and methods that can be established by a humane and enlightened state, solicitous of the welfare of its children, for the prevention of delinquency and for the care and rehabilitation of delinquent children. It is further the intent of the Legislature that this state, through the department of welfare military affairs and public safety, establish, maintain, and continuously refine and develop, a balanced and comprehensive state program for children who are potentially delinquent or are delinquent, other than those children committed to the care and custody of the department of corrections.
§49-5B-4. Responsibilities of the department of military affairs


and public safety.

(a) The department of health and human resources military affairs and public safety is empowered to establish, and shall establish, subject to the limits of funds available or otherwise appropriated therefor, programs and services designed to prevent juvenile delinquency, to divert juveniles from the juvenile justice system, to provide community-based alternatives to juvenile detention and correctional facilities and to encourage a diversity of alternatives within the juvenile justice system. The development, maintenance and expansion of programs and services may include, but not be limited to, the following:
(1) Community-based programs and services for the prevention and treatment of juvenile delinquency through the development of foster-care and shelter-care homes, group homes, halfway houses, homemaker and home health services, twenty-four hour intake screening, volunteer and crisis home programs, day treatment and any other designated community-based diagnostic, treatment or rehabilitative service;
(2) Community-based programs and services to work with parents and other family members to maintain and strengthen the family unit so that the juvenile may be retained in his home;
(3) Youth service bureaus and other community-based programs to divert youth from the juvenile court or to support, counsel, or provide work and recreational opportunities for delinquents and other youth to help prevent delinquency;
(4) Projects designed to develop and implement programs stressing advocacy activities aimed at improving services for and protecting rights of youth impacted by the juvenile justice system;
(5) Educational programs or supportive services designed to keep delinquents, and to encourage other youth to remain, in elementary and secondary schools or in alternative learning situations;
(6) Expanded use of professional and paraprofessional personnel and volunteers to work effectively with youth;
(7) Youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached by traditional youth assistance programs;
(8) A statewide program designed to reduce the number of commitments of juveniles to any form of juvenile facility as a percentage of the state juvenile population, to increase the use of nonsecure community-based facilities as a percentage of total commitments to juvenile facilities and to discourage the use of secure incarceration and detention.
(b) The department of health and human resources military affairs and public safety shall establish, within the funds available, an individualized program of rehabilitation for each accused juvenile offender referred to the department after being allowed an improvement period by the juvenile court, and for each adjudicated juvenile offender who, after adjudication, is referred to the department for investigation or treatment or whose custody is vested in the department. Such individualized program of rehabilitation shall take into account the programs and services to be provided by other public or private agencies or personnel which are available in the community to deal with the circumstances of the particular child. Such individualized program of rehabilitation shall be furnished to the juvenile court and shall be available to counsel for the child; it may be modified from time to time at the direction of the department or by order of the juvenile court. The department may develop an individualized program of rehabilitation for any child referred for noncustodial counseling under section five, article three of this chapter, for any child receiving counsel and advice under section three-a, article five of this chapter, or for any other child upon the request of a public or private agency.
(c) The department of health and human resources military affairs and public safety is authorized to enter into cooperative arrangements and agreements with private agencies or with agencies of the state and its political subdivisions to effectuate the purpose of this article.
§49-5B-5. Rehabilitative facilities for status offenders.

(a) The department of welfare military affairs and public safety shall, within the limits of state and federal funds appropriated therefor, establish and maintain one or more rehabilitative facilities to be used exclusively for the lawful custody of status offenders. Each such facility shall be, primarily, a nonsecure facility having as its primary purpose the rehabilitation of adjudicated juvenile offenders who are status offenders. Such facility shall not have a bed capacity for more than twenty children, and shall minimize the institutional atmosphere and prepare the child for reintegration into the community: Provided, That such facility may function as a temporary residential facility for accused juvenile offenders when the juvenile is a status offender and no final adjudication has been made by the juvenile court: Provided, however, That a portion of such facility may be designed and operated as a secure facility used exclusively for status offenders whom the juvenile court has specifically found to be so unmanageable, ungovernable and antisocial that no other reasonable alternative exists, or could exist, for treatment or restraint other than placement in a secure facility. Temporary residents of the facility shall only be placed in the secure portion of the facility by order of the juvenile court upon a specific finding by the court that the child is likely to injure himself or others or to run away if placed in a less restrictive environment: Provided, That unless the court order committing the child specifically orders that the child not be removed from the secure portion of the facility, the person having control of the facility shall have the authority to permit any temporary resident to remain in the nonsecure portions of the facility if such temporary resident demonstrates a willingness to remain at the facility voluntarily and to conform his or her conduct to the lawful requirements established for residents of the nonsecure portions of the facility.
(b) Within the funds available, rehabilitative programs and services shall be provided by or through each such facility and may include, but not be limited to, medical, educational, vocational, social and psychological guidance, training, counseling, alcoholism treatment, drug treatment and other rehabilitative services. The department of welfare military affairs and public safety shall provide to each child adjudicated delinquent and committed to the facility a program of treatment and services consistent with the individualized program of rehabilitation developed for such child. In the case of any other child residing at the facility, the department shall provide such programs and services as may be proper in the circumstances including, but not limited to, any such programs or services directed to be provided by the court.
(c) The board of education of the county in which the facility is located shall provide instruction for children residing at the facility. Residents who can be permitted to do so shall attend local schools, and instruction shall otherwise take place at the facility.
(d) Facilities established pursuant to this section shall be structured so as to be or become community-based facilities.
§49-5B-6. Enforcement of legal custody.

The department of welfare military affairs and public safety shall have authority to require any child committed to its legal custody to remain at and to return to the residence to which the child is assigned by the department or by the juvenile court. In aid of such authority, and upon request of a designated employee of the department, any police officer, sheriff, deputy sheriff, member or officer of the department division of public safety or juvenile court probation officer is authorized to take any such child into custody and return such child to his or her place of residence or into the custody of a designated employee of the department of welfare military affairs and public safety.
§49-5B-7. Reporting requirements; cataloguing of services.

(a) The department of health and human resources military affairs and public safety shall from time to time, but not less often than annually, review its programs and services and submit a report to the governor, the Legislature and the supreme court of appeals, analyzing and evaluating the effectiveness of the programs and services being carried out by the department. Such report shall include, but not be limited to, an analysis and evaluation of programs and services continued, established and discontinued during the period covered by the report, and shall further describe programs and services which should be implemented to further the purposes of this article. Such report shall also include, but not be limited to, relevant information concerning the number of children comprising the population of any rehabilitative facility during the period covered by the report, the length of residence, the nature of the problems of each child, the child's response to programs and services and such other information as will enable a user of the report to ascertain the effectiveness of the facility as a rehabilitative facility.
(b) The department of health and human resources military affairs and public safety shall prepare a descriptive catalogue of its juvenile programs and services available in local communities throughout this state and shall distribute copies of the same to every juvenile court in the state and, at the direction of the juvenile court, such catalogue shall be distributed to attorneys practicing before such court. Such catalogue shall also be made available to members of the general public upon request. The catalogue shall contain sufficient information as to particular programs and services so as to enable a user of the catalogue to make inquiries and referrals. The catalogue shall be constructed so as to meaningfully identify and describe programs and services. The requirements of this section are not satisfied by a simple listing of specific agencies or the individuals in charge of programs at a given time. The catalogue shall be updated and republished or supplemented from time to time as may be required to maintain its usefulness as a resource manual.




NOTE: The purpose of this bill is to change the authority and responsibility for regional juvenile detention centers from the Department of Health and Human Resources to the Department of Military Affairs and Public Safety.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.