SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 2408 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted
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.
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print