COMMITTEE SUBSTITUTE
for
H. B. 4106
(By Delegates Perry, Ellem, Morgan, Stemple,
Boggs, Webster, and White)
(Originating in the Committee on the Judiciary)
[February 24, 2008]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-1-21, relating to
requesting
the Supreme Court of Appeals to study the
establishment, administration and effect of a uniform bail
schedule, and
that the
Supreme Court of Appeals
report to the
regular session of the Legislature, 2009, as to findings and
any recommendations
.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §51-1-21, to read as
follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Uniform bail schedule study.
(a) The West Virginia executive branch, the county commissions
and municipal leaders have expressed a desire, interest and need to
maintain a cost effective and efficient regional jail system that maintains public and institutional safety. In that regard, the
Legislative Oversight Committee on Regional Jail and Correctional
Facility Authority has, in the year 2007, had under study the issue
of regional jail costs, jail population, crowding and costs, and a
balanced systematic approach for institutional and public safety.
Among many issues addressed, the question of whether an effective
statewide uniform bond schedule would advance or contribute to an
improvement in the administration of justice, incarceration rates
and incarceration facilities was raised.
(b) As a result, the Legislative Oversight Committee on
Regional Jail and Correctional Facility Authority
recommended
introduction and passage of legislation to allow the Supreme Court
of Appeals to establish a uniform bail schedule.
As this proposed
legislation was being considered further, it has become apparent
that the issue of uniform bond schedules required a further focused
and detailed examination.
(c) It is hereby requested that the Supreme Court of Appeals
fully study and investigate the feasibility, implementation, effect
and any related issues of a uniform bond schedule and report their
findings and recommendations to the Joint Committee on Government
and Finance no later than the beginning of the 2009 regular session
of the legislature.
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