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Introduced Version House Concurrent Resolution 112 History

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HOUSE CONCURRENT RESOLUTION NO. 112

( By Delegates Miley, Hunt, Barker, Brown, Caputo, Ferro, Fleischauer, Frazier, Hutchins, Longstreth, Michael, Moore, Ross, Shook, Skaff, Susman, Wells, Wooton, Ellem, Hamilton, Lane, Overington, Schadler, Schoen and Sobonya )

(Originating in the Committee on the Judiciary)

[March 10, 2010]



Requesting the Joint Committee on Government and Finance to undertake the study of Prison and Regional Jail Overcrowding, with an emphasis on developing alternative community-based and other supervised programs, services and facilities, where possible, to avoid constructing additional jails and prisons.

WHEREAS, West Virginia has one of the highest increasing rates of prison growth in the nation, at nearly seven percent annually; and
WHEREAS, In response to the escalating jail and prison population, the Governor of the State of West Virginia established the Governor's Commission on Prison Overcrowding by executive order 1-09; the West Virginia Legislature created the West Virginia Law Institute; and the Supreme Court appointed a "Compliance Committee" to monitor compliance with the Court's directives regarding overcrowding within correctional facilities, and
WHEREAS, The Legislature has received the Report of The Governor's Commission on Overcrowding, submitted June 30, 2009, and, the Interim Recommendations by the Compliance Committee of the Supreme Court of Appeals of West Virginia on Prison Overcrowding, dated January 10, 2010, and The Report of the West Virginia Law Institute, dated January 11, 2010, each containing a variety of broad-based proposals for the reform of our current criminal justice system to relieve prison overcrowding; and,
WHEREAS, approximately 6,300 offenders have been sentenced to the Division of Corrections facilities; and of those excess offenders sentenced, 1, 300 are being held in regional jails until space is available in Division of Corrections facilities. The number of felony offenders sentenced to the custody of the Division of Corrections grows by approximately three each day, causing severe overcrowding in the regional jail system; and
WHEREAS, West Virginia ranks number 50 among all states in the use of community corrections as an alternative to prison. Given that 90 percent of all prison inmates will eventually return to the community, the state should have a responsibility to provide the offender with programs that will aid in their rehabilitation and return to society; and
WHEREAS, the Division of Criminal Justice Services' Statistical Analysis Center finds that by the end of 2012 West Virginia will need space for 8,530 offenders and by 2017 that number will increase to 10,304, more than doubling the demand for prison bed space; and
WHEREAS, All three of the reports submitted to the Legislature agree on the aggressive pursuit and development of alternative sanctions, including expanded probation, early parole, the expansion of day-reporting and work-release centers, the acquisition of half-way houses, the expanded use of substance abuse treatment programs and facilities, shortened lengths of stay, and the acquisition of special facilities for the geriatric and mentally ill; further study shall be conducted on this issue; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study and identify further recommendations in order to address this issue of prison overcrowding; and be it
Further Resolved, that the Joint committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions, and recommendations; and be it
Further Resolved, that the expenses necessary to fund this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.









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