SENATE CONCURRENT RESOLUTION 26

(By Senators Caputo, Chapman, Deeds, Hamilton, Hunt, Maynard, Stover, Stuart, Swope, Taylor, Trump, Weld and Woelfel)

[Originating in the Committee on the Judiciary; reported on March 11, 2023]

Requesting the Joint Committee on Government and Finance and the Joint Committee on the Judiciary to study the creation and implementation of an earned compliance credit program for parolees and probationers.

Whereas, The Legislature finds that there may be individual and societal benefit in probationers and parolees having access to programs which incentivize good behavior; and  

Whereas, The Legislature recognizes the community interest and investment in studying earned compliance credit programs; and

Whereas, The Legislature finds that self-improvement is a critical and important aspect of the rehabilitation process.

Whereas, Vocational, technical, career education, or training programs can aid in the rehabilitation process that there may be an invested interest in the rehabilitation of parolees and probationers through educational and vocational programs; and

Whereas, Studies have shown that long periods of probation does not lower rates of recidivism and can contribute to higher incarceration rates and therefore, higher cost to the state; and

Whereas, The Legislature recognizes that the probation and parole systems while similar in nature have differences which make it difficult to standardize rules and incentives; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the possible benefits of an earned compliance credit program for parolees and probationers; and, be it

Further Resolved, That the Joint Committee on the Judiciary is hereby requested to study the feasibility of creating and implementing an earned credit compliance program to incentivize probationers by offering reductions in the length of one’s probation by successful completion of approved programs; and, be it

Further Resolved, That the Joint Committee on the Judiciary is hereby requested to study the feasibility of creating and implementing an earned compliance credit program to incentivize parolees by offering reductions in the length of one’s parole by successful completion of approved programs; and, be it

Further Resolved, That the following areas are suggested for possible incentive programs: Payment of restitution, fines, court costs, supervision, self-improvement, and education and vocational programs; and, be it

Further Resolved, That the Joint Committee on Government and Finance and the Joint Committee on the Judiciary report to the regular session of the Legislature, 2024, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation to be paid from legislative appropriations to the Joint Committee on Government and Finance.