SB371 HFA Armstead 4-11 #4
Delegate Armstead moves to amend the amendment on page 10,
after section 6, after line 21, by inserting a new article, to read
as follows:
"
ARTICLE 14. WEST VIRGINIA SENTENCING COMMISSION.
§61-14-1. Creation of sentencing commission; how members are
_____________appointed; no compensation for service of members;
_____________terms of office for members; what constitutes
_____________quorum; how chairperson elected; Executive
_____________Director.
______________(a) There is hereby created a West Virginia Sentencing
Commission.
______________(b) The commission consists of the following members, who shall
serve without compensation:
______________(1) Two members are from the West Virginia House of Delegates,
to be appointed by the Speaker of the House;
______________(2) Two members are members of the West Virginia Senate, to be
appointed by the President of the Senate;
______________(3) Seven members are current or retired circuit judges,
magistrates or municipal court judges, to be appointed to their
membership on this commission by the Governor;
______________(4) Two members that are citizens of the State of West
Virginia, with no required prerequisite other than citizenship in
this state, to be appointed by the Governor;
______________(5) The presiding Chief Justice of the West Virginia Supreme
Court of Appeals, who shall serve as an ex officio member.
______________(c) Each member serves a two-year term, with the exception of
the ex officio members who shall serve as long as they shall hold
their respective offices.
______________(d) The chairperson of this commission shall be elected by the
other members of the commission.
______________(e) Seven members of the commission constitute a quorum.
______________(f) The Commission shall elect one of its members to serve as
the Executive Director of the Commission and will provide
administrative services.
§61-14-2. Purpose of Sentencing Commission.
______________The Legislature hereby finds and declares that:
______________(a) There is a need for fair and uniform sentencing;
______________(b) There is a need for research on issues regarding sentencing
in order to promote a fuller understanding of the efficient, just
and fair operation of this state's criminal justice system;
______________(c) There is a need for establishing priorities with regard to
the severity of the criminal offenses;
______________(d) There is a need to utilize the limited correctional
resources in a manner best able to fulfill the goals of criminal
punishment, rehabilitation and protection of the public.
§61-14-3. Objectives of the commission.
______________The Sentencing Commission shall pursue the following objectives:
______________(a) Promoting sentencing that more accurately reflects the time
that an offender will actually be incarcerated;
______________(b) Reducing unwarranted disparity in sentences for offenders
who have committed similar offenses and have similar criminal
histories;
______________(c) Preserving meaningful judicial discretion in the imposition
of sentences and sufficient flexibility to permit individualized
sentences;
______________(d) Ensuring that sentencing judges in every jurisdiction in
the state are able to impose the most appropriate criminal
penalties including correctional options programs for appropriate
nonviolent offenders; and
______________(e) Determining whether the state needs to set out all criminal
offenses in terms of priority in order of severity and harm to
society and to provide alternatives to incarceration for certain
offenses.
§61-14-4. Powers and duties of the commission.
______________The Sentencing Commission established pursuant to this article
has the following powers and duties:
______________(a) The commission shall establish general policies and propose
rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code as are necessary to carry out
the purposes of this article;
______________(b) The commission may request such information, data and
reports from any officer or agency of the state government as the
commission may from time to time require and as may be produced
consistent with other law;
______________(c) The commission may issue invitations requesting the
attendance and testimony of witnesses and the production of any
evidence that relates directly to a matter with respect to which
the commission or any member thereof is empowered to make a
determination under this article;
______________(d) The commission shall establish a research and development
program within the commission for the purpose of:
______________(1) Serving as a clearinghouse and information center for the
collection, preparation and dissemination of information on
sentencing practices;
______________(2) Assisting and serving in a consulting capacity to state
courts, departments and agencies in the development, maintenance
and coordination of sound sentencing practices;
______________(e) The commission shall collect data obtained from studies,
research and the empirical experience of public and private
agencies concerning the sentencing processes;
______________(f) The commission shall publish data concerning the sentencing
process;
______________(g) The commission shall collect and disseminate information
concerning sentences actually imposed;
______________(h) The commission shall, collect and disseminate information
regarding effectiveness of sentences imposed;
______________(i) The commission shall make recommendations to the
Legislature concerning modification or enactment of sentencing and
correctional statutes which the commission finds to be necessary
and advisable to carry out an effective, humane and rational
sentencing policy;
______________(j) The commission shall establish a plan and timetable to
collect and disseminate information relating to incapacitation,
recidivism, deterrence and overall effectiveness of sentences
imposed;
______________(k) The commission shall evaluate the state's sentencing and
correctional laws and policies and make recommendations to the
Governor and the Legislature on or before January 1, 2014, and at
its discretion thereafter or at the request of the President of the
Senate or the Speaker of the House of Delegates, regarding the
following issues:
______________(1) Whether the state should adopt guided discretion sentencing
guidelines and, if so, what type of guided discretion sentencing
guidelines should be adopted;
______________(2) Whether the state should alter the manner in which an
inmate may obtain credit for good time served or release on
mandatory supervision;
______________(3) Whether the state needs to take action to ensure that there is a coordinated system of correctional options to incarceration at
the state and county levels and, if so, what action should be
taken; and
______________(4) Any other matters relating to state and local laws and
policies governing sentencing, parole, mandatory supervision and
correctional options programs.
"
And
On page 1, line 1, by striking the enacting section and
inserting a new enacting section, to read as follows:
"That §25-1-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §28-5-27 of said code be amended and
reenacted; that said code be amended by adding thereto two new
sections, designated §31-20-5g and §31-20-5h; that §61-7-6 of said
code be amended and reenacted
;
that said code be amended by adding
thereto a new article, designated
§61-13-1, §61-13-2, §61-13-3 and
§61-13-4;
that §62-11A-1a of said code be amended and reenacted;
that §62-11B-9 of said code be amended and reenacted; that
§62-11C-2, §62-11C-3 and §62-11C-6 of said code be amended and
reenacted; that said code be amended by adding thereto a new
section, designated §62-11C-10; that §62-12-6, §62-12-7, §62-12-9,
§62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17 and
§62-12-19 of said code be amended and reenacted; that said code be
amended by adding thereto a new section, designated §62-12-29; that
§62-15-2 and §62-15-4
of said code be amended and reenacted; and that said code be amended by adding thereto two new sections,
designated §62-15-6a and §62-15-6b, all to read as follows:"
Adopted
Rejected