A BILL to amend chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article thirteen, relating to the creation of a sentencing commission; providing for the appointment, terms and qualifications of members; establishing objectives for the commission; setting forth certain powers and duties of the commission; and providing for a termination date of the commission under the West Virginia sunset provisions .

Be it enacted by the Legislature of West Virginia:
That chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article thirteen, to read as follows:
ARTICLE 13. WEST VIRGINIA SENTENCING COMMISSION.

§61-13-1. 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) The chairperson of the governor's committee on crime and delinquency and correction, who shall serve as an ex officio member;
(2) Two members of the West Virginia House of Delegates, to be appointed by the speaker of the House;
(3) Two members of the West Virginia Senate, to be appointed by the president of the Senate;
(4) Five members who are current or retired circuit judges, magistrates or municipal court judges, to be appointed by the governor. Any currently active serving judge or magistrate shall serve as exofficio, nonvoting members;
(5) Two members who are citizens of the state of West Virginia, to be appointed by the governor;
(6) One prosecuting attorney currently serving in the state, to be appointed by the prosecuting attorneys institute;
(7) One public defender currently serving in the state, to be appointed by the executive director of public defender services;
(8) The presiding chief justice of the West Virginia supreme court of appeals; who shall serve as an exofficio, nonvoting member; and
(9) The commissioner of the division of corrections.
(c) Each appointed member, who is not also an ex officio member, is to serve a two-year term.
(d) The members shall elect a chairperson for the commission.
(e) Seven members of the commission constitute a quorum for any business of the commission.
(f) The executive director of the division of criminal justice services shall serve as the executive director of the commission and the division is to provide administrative support for the commission.
§61-13-2. 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 and, in accordance with the established priorities, to consider alternatives to incarceration for nonviolent offenders; and
(d) There is a need to utilize the limited correctional resources in a manner best able to fulfill the goals of criminal punishment and protect the public.
§61-13-3. 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) Concentrating prison capacity on the incarceration of violent and career offenders;
(c) Reducing unwarranted disparity in sentences for offenders who have committed similar offenses and have similar criminal histories;
(d) Preserving meaningful judicial discretion in the imposition of sentences and sufficient flexibility to permit individualized sentences;
(e) 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
(f) Determining whether the state needs to set out all criminal offenses in order of severity and harm to society and to provide alternatives to incarceration for certain offenses.
§61-13-4. Powers and duties of the commission.
The sentencing commission established pursuant to this article has the following powers and duties:
(a) The commission may request 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;
(b) The commission may issue invitations requesting the attendance and testimony of witnesses and the production of any data necessary to achieve the commission's purpose; and
(c) 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; and
(2) Assisting and serving in a consulting capacity to state courts, departments and agencies in the development, maintenance and coordination of sound sentencing practices.
(d) The commission shall collect systematically the data obtained from studies, research and the empirical experience of public and private agencies concerning the sentencing processes;
(e) The commission may publish data concerning the sentencing process;
(f) The commission shall collect systematically and disseminate information concerning sentences actually imposed;
(g) The commission shall collect systematically and disseminate information regarding effectiveness of sentences imposed;
(h) 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;
(i) The commission shall establish a plan and timetable to collect and disseminate information relating to incapacitation, recidivism, deterrence and overall effectiveness of sentences imposed;
(j) 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 the first day of January, two thousand four, and at its discretion thereafter, regarding the following issues:
(1) Whether the state should adopt guided discretionary sentencing guidelines and, if so, what type of guided discretionary guidelines, ranges, or sentencing guidelines should be adopted;
(2) Whether the state should retain parole as a correctional option for all inmates or any particular category of inmates;
(3) Whether the state should determine the minimum portion of a sentence that must be served by all inmates or any particular category of inmates before becoming eligible for parole;
(4) Whether the state should alter the manner in which an inmate may obtain credit for good time served or release on mandatory supervision;
(5) 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;
(6) Any other matters relating to state and local laws and policies governing sentencing, parole, mandatory supervision and correctional options programs;
(7) Whether the state should consider and adopt alternative sentencing options, such as community service for non-violent crimes; and
(8) Whether the state should expand or revise its community service programs or work release programs.
§61-13-5. Continuation of the commission.
The West Virginia sentencing commission shall continue to exist pursuant to the provisions of article ten, chapter four, of this code until the first day of July, two thousand six, unless sooner terminated, continued or reestablished pursuant to that article.