SENATE CONCURRENT RESOLUTION NO. 44
(By Senator Craigo, Blatnik, Boley, Manchin, Love,
Sharpe, Jackson, Chafin, Minear, Kimble, Dugan,
Bailey, Helmick, Whitlow, Walker, Plymale
and Macnaughtan)
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[Originating in the Committee on Finance;
reported March 9, 1995.]
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Directing the joint committee on government and finance to make a study of the criminal sentences in West Virginia.

Whereas, The constitution of West Virginia provides that criminal penalties are to be proportioned to the character and degree of the offense; and
Whereas, Current West Virginia law provides for both indeterminate and definite term sentencing of persons convicted of felony criminal offenses; and
Whereas, Sentences in some felony criminal offenses provide the sentencing court with wide discretion, while in other criminal offenses the sentencing court has little, if any discretion; and
Whereas, In recent years the Legislature has made changes in the penalties for many specific criminal offenses, but that the changes were not made in the context of their relation to other criminal penalties; and
Whereas, Parole and early release good time statutes have a direct impact on criminal sentences imposed by a court; and
Whereas, The effect of parole and early release good time is different when applied to indeterminate and definite term sentences; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby directed to appoint an interim committee to study the appropriateness of specific criminal sentences as they relate to all criminal sentences; to study and consider the effect of parole and early release good time statutes on such sentences; and to make recommendations to the Legislature regarding the same; and be it
Further Resolved, That the interim committee appointed by the joint committee on government and finance shall consist of twelve members, six of whom shall be members of the Senate and six of whom shall be members of the House of Delegates; and, be it
Further Resolved, That the joint committee on government and finance report to the regular session of the Legislature, 1996, on its findings, conclusions and recommendations, together with any drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the joint committee on government and finance.