(By Senators Love and Hunter)


[Introduced January 22, 2003; referred to the Committee on the Judiciary.]


Proposing an amendment to the Constitution of the State of West Virginia, amending section five, article III thereof, relating to allowing division of corrections to send convicted inmates out-of-state to serve their sentences; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year two thousand four, which proposed amendment is that section five, article III thereof be amended, to read as follows:
§5. Excessive bail not required.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Penalties shall be proportioned to the character and degree of the offence. No person shall be transported out of, or forced to leave the state for any offence committed within the same; nor shall any person, in any criminal case, be compelled to be a witness against himself or herself, or be twice put in jeopardy of life or liberty for the same offence: Provided, That, if the West Virginia division of corrections does not have enough space available for the number of persons sentenced to a correctional facility in this state, a prisoner may be sentenced to and transported to a correctional facility in another state without violating the provisions of this article if the out-of-state correctional facility is certified as meeting the correctional facility standards of this state.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, the proposed amendment is hereby numbered "Amendment No. 1" and designated the "Out-of-state Correctional Facility Sentencing Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to permit the sentencing and transportation of convicted prisoners to correctional facilities out-of-state."

NOTE: The purpose of this Joint Resolution is to amend the Constitution to permit sentencing and transportation of a convicted prisoner to a correctional facility in another state if there is no space available to the Division of Corrections.

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