SENATE JOINT RESOLUTION NO. 3
(By Senator Love)
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[Introduced February 9, 2005; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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Proposing an amendment to the Constitution of the State of West
Virginia, amending section 5, article III thereof, relating to
deleting language to allow the Division of Corrections to send
convicted inmates out-of-state to serve their sentences;
numbering and designating such proposed amendment; and
providing a summarized statement of the purpose of such
proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the State at the next general election to be held in
the year two thousand six, which proposed amendment is that section
5, article III thereof, be amended to read as follows:
ARTICLE III. BILL OF RIGHTS.
§5. Excessive bail not required.
Excessive bail
shall may not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted. Penalties
shall be proportioned to the character and degree of the offence.
No person
shall be transported out of, or forced to leave the state
for any offence committed within the same; nor shall any person
may, in any criminal case, be compelled to be a witness against
himself
or herself, or be twice put in jeopardy of life or liberty
for the same offence.
Resolved further, That in accordance with the provisions of
article 11, chapter 3 of the code of West Virginia, 1931, as
amended, the proposed amendment is hereby numbered "Amendment No.
1" and designated the "Out-of-state Correctional Facility
Sentencing Amendment" and the purpose of the proposed amendment is
summarized as follows: "The purpose of this amendment is to save
the State of West Virginia millions of dollars by permitting the
sentencing and transportation of convicted prisoners to
correctional facilities out-of-state, instead of having to build
new prisons within the State."
NOTE: The purpose of this Joint Resolution is to amend the
Constitution to permit sentencing and transportation of a convicted
prisoner to a correctional facility in another state if there is no
space available to the Division of Corrections in West Virginia.
This would hopefully, allow the State to avoid building new prisons
and consequently save it millions of dollars.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.
This joint resolution was recommended for introduction and
passage during the 2004 legislative session by the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority.
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