SENATE RESOLUTION 63

(By Senators Trump, Kessler, Ashley, Maynard, Palumbo, Gaunch, Unger, Laird, Romano, Miller, Boso, Kirkendoll, Cline, Walters, Plymale, Stollings, Yost and Williams)

[Introduced March 10, 2016]

Recognizing the considerable contributions of drug courts to the state of West Virginia.

Whereas, The first adult drug court was established in the Northern Panhandle in 2005 and the first juvenile drug court was established in 1999 in Cabell County, ran for six years and was re-established in 2007; and

Whereas, Rigorous evaluation and research has demonstrated that, where adult drug courts are implemented consistent with models and procedures developed based on objective studies, they significantly reduce recidivism and substance abuse among offenders who are high risk of reoffending due to substance abuse and dependency; and

Whereas, Adult drug courts that are properly implemented increase the likelihood of successful rehabilitation while simultaneously reducing the cost to the public below the historic costs of addressing these problems in the criminal justice system; and

Whereas, The goal of juvenile drug courts is to intervene early in the life of a young person to prevent future involvement of that young person in the court system; and

Whereas Justices, circuit judges, family court judges, magistrates, and mental hygiene commissioners throughout West Virginia devote their time at no additional pay to establishing and operating drug and treatment courts, with the help of full-time, dedicated drug court probation officers; and

Whereas, Governor Earl Ray Tomblin’s consistent, influential support of the expansion of drug courts throughout the state, first as Senate President and, subsequently, as Governor, has been a strategic part of the program’s success; and

Whereas, In 2009, the West Virginia Legislature passed the West Virginia Drug Offender Accountability and Treatment Act (W.Va. Code §62-15-1, et. seq.), which codified adult drug courts in West Virginia, and which left the administration, control and responsibility for drug courts, mental health courts and other problem-solving courts within the purview of the Supreme Court of Appeals; and

Whereas, In 2011, the West Virginia Legislature passed the West Virginia Juvenile Drug Court Statute (W.Va. Code §49-5-2b), which codified juvenile drug courts in West Virginia and which left the establishment of procedures and forms and the appointment of juvenile drug court judges within the purview of the Supreme Court of Appeals; and

Whereas, In 2013, the West Virginia Legislature passed the Justice Reinvestment Act (W.Va. Code §62-15-4(a) which requires all judicial circuits to participate in an adult drug court or regional adult drug court program by July 1, 2016; and

Whereas, There currently are twenty-seven adult drug courts serving forty-five counties and seventeen juvenile drug courts serving twenty counties; and

Whereas, There are have been more than thirteen hundred drug court graduates and another six hundred eighty West Virginia adults and youths are currently participating in the programs; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the considerable contributions of drug courts to the state of West Virginia; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the West Virginia Supreme Court of Appeals.