SENATE CONCURRENT RESOLUTION NO. 87
(By Senators Tomblin, Mr. President, McCabe, Minard, Jenkins and
Unger)
Requesting the Joint Committee on Government and Finance study the
rising cost of operating regional jails in this state.
Whereas, The cost of operating regional jails continues to
escalate due, for the most part, to the constantly increasing
number of inmates these jails must accommodate; and
Whereas,
At the county level, these rising costs are
exhausting large proportions of county budgets and rendering
counties unable to adequately compensate constitutional officers in
the performance of nondiscretionary constitutional duties; and
Whereas,
At the state level, the costs involved are on the
same level as the costs required to educate the children of this
state, including the primary and secondary levels of education; and
Whereas, In order to reduce the burden of this increasing cost
to the taxpayers of this state, the Joint Committee on Government
and Finance should study the many tangible aspects of the cost-
equation which contribute to the burden, while focusing on methods
and procedures that best protect public safety while respecting the
constitutional rights of those persons subject to incarceration in
regional jails in an effort to eliminate unnecessary costs; and
Whereas, Factors to be considered in the ever-increasing cost of operating regional jails include: (1) The availability and
accessibility of criminal bail to persons subject to incarceration
pending trial who do not pose significant dangers to the public;
(2) the cost of transportation; (3) the savings that result from
video conferencing of arraignment or other pretrial hearings; (4)
the provision of medications and medical treatment to inmates; (5)
delays in providing appointed lawyers access to their incarcerated
clients which, incidentally, drive up the cost to the state in
fulfilling its nondiscretionary obligation of providing competent
legal assistance to indigent individuals; (6) the length of time,
on average, inmates are held awaiting trial or other resolution on
the merits to their cases; (7) the length of time inmates convicted
of felonies are required to be held awaiting transfer to
correctional facilities; (8) the average length of sentences
inmates convicted of misdemeanors are required to serve; (9) the
availability and prospect of home confinement, community service or
probation in lieu of incarceration; and (10) the uniquely
burdensome costs of housing and monitoring inmates with mental
disabilities, such as mental illness or mental retardation;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the rising cost of operating regional jails in
this state; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2006, on
its findings, conclusions and recommendations, along with 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.