H. B. 2408
(By Delegates Ellem, Moore, Sobonya,
Miley and Tabb)
[Introduced February 16, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-1-22, relating
to general findings and background regarding jail population
and costs; requesting the Supreme Court of Appeals to study
the feasibility, establishment, administration and effect
of implementing state or region wide video magistrate
arraignment upon county jail incarceration and jail costs;
the effect of full time magistrate availability upon jail
incarceration and jail costs; the creation and employment of
quasi-judicial officers to serve as pre-trial presentation
and bond officers in lieu of magistrates; the feasibility
and effect of alternative sentencing upon incarceration
rates and costs; identify best management practices for law
enforcement and county administrators which effectively
reduce incarceration rates and costs; and that the Supreme
Court of Appeals report to the regular session of the Legislature, 2010, 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 §51-1-22, to read as
follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-22. Jail population and costs study.
(a) The Legislature finds that:
(1) Jail population and related costs, whether at the level
of regional or correctional facilities, is growing at an alarming
rate.
(2) The costs of running an incarceration system and
management of jail populations are two very important public
issues.
(3) Recognized public institutions familiar with these
issues, such as the National Institute of Corrections, recommend
a co-ordinated council to bring all the critical involved parties
to the table in order to facilitate the mission of effective and
efficient management of jail population and costs.
(4) Agencies of the West Virginia executive branch, the
county commissions, law enforcement 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.
(5) In that vein, during calendar year 2007, the Regional
Jail Cost Containment & Fee Assessment/Collection Committee
(Committee) met as a multi-disciplinary coordinating criminal
justice project team to identify strategies to most effectively
and efficiently manage jail population, crowding and costs and
still provide a balanced systematic approach for institutional
and public safety. Participants in this process included county
commissioners, county managers, municipal leaders, the Regional
Jail Authority, magistrate and county clerks, and members of
respective legislative staffs, among others.
(6) The Committee identified and accessed information on
several issues which may favorably affect the rate and cost of
incarceration in West Virginia, but also realized that input and
information was required from several other members of the public
community.
(7) Likewise, in the 79th Legislature of West Virginia, a
number of bills were introduced to address the burden of the cost
of incarceration for state, county, local and municipal
organizations.
(8) These proposed pieces of legislation reflect a
perception and recognition that the cost of incarceration for
political subdivisions in West Virginia is a growing financial
burden and concern, with a growing need to address, understand
and better share the costs of incarceration.
(9) Rising costs of incarceration threaten the economic
stability and viability of respective political subdivisions who
currently bear the cost of incarceration, often diverting public
funds from other necessary governmental functions and
obligations, causing debt and onerous financial strain which the
political subdivisions of West Virginia often find difficult to
bear.
(10) All interested parties recognize that proper,
appropriate and economically viable facilities of incarceration
are an essential aspect of government at every level, and paying
for the cost of incarceration for political subdivisions is a
necessary and proper governmental function.
(11) The costs of incarceration should bear an equitable
relationship to use and facility, which equity many political
subdivisions in West Virginia feel is not balanced.
(12) Despite the efforts of the 79th Legislature in the year
2008, it is apparent that additional information about and
understanding of the operations related to incarceration rates
and costs is needed so reasonable and effective solutions can be
identified and enacted.
(b) Therefore, it is hereby requested that the Supreme Court
of Appeals establish a commission, comprised of members of the
public community familiar with the issues and information related
to the general issues of growing incarceration rates and costs, including by way of example: the Regional Jail Authority; the
Division of Corrections; magistrate and circuit judges; members
of the law enforcement community; members of the social services,
mental health, alcohol and substance abuse community; the public
defenders office; county commissions and managers; prosecutors;
municipal authorities; appropriate Legislative Oversight and
standing committees; and others as seen fit and necessary to
fully meet the task and mandate of the commission.
(c) The commission shall:
(1) Develop and recommend policies for preventing prison and
jail overcrowding and reducing incarceration costs;
(2) Examine the impact of current statutory provisions,
rules and administrative policies on prison and jail overcrowding
and incarceration costs, including, but not by way of limitation,
magistrate hours and availability for pre-trial arraignment; the
feasability and cost effectiveness of a system of state-wide or
regional video arraignment by magistrates; increasing effective
collection of court costs and fees; the cost effectiveness of
substance abuse, alcohol and treatment programs upon
incarceration rates and recidivism; alternative sentencing
programs; and best management practices to limit and control
initial short-term incarceration, as well as long-term pre-trial
incarceration;
(3) Research and gather relevant data and other information concerning prison and jail overcrowding and incarceration costs;
(4) Develop and recommend policies and procedures for a more
cohesive and effective state criminal justice and juvenile
system, including but not limited to, an overview and study of
criminal sentencing guidelines, as those systems may affect
prison and jail overcrowding and incarceration costs; and
(5) Report their findings and recommendations, including
proposed legislation, to the Joint Committee on Government and
Finance no later than the beginning of the 2010 regular session
of the Legislature.
NOTE: The purpose of this bill is to request the Supreme
Court of Appeals to establish a multi-disciplinary commission to
study, make findings and recommendations regarding incarceration
population and costs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.