FISCAL
NOTE
WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new section, designated
§61-11-16a, relating to alternate sentencing for nonviolent felony offenders.
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 §61-11-16a, to read as follows:
ARTICLE
11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-16a. Alternate
sentencing for nonviolent felony offenders.
Notwithstanding any
provision of this code to the contrary, a sentencing judge, following a hearing
and with written findings issued, may order a nonviolent felony offender to
serve a minimum sentence of one year in a correctional facility or a term up to
one year in jail regardless of other specific minimum sentences which may be
available for the underlying offense.
NOTE: The purpose of this bill is
to allow certain alternate sentencing for nonviolent felony offenders.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.