Introduced Version
Senate Concurrent Resolution 18 History
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Key: Green = existing Code. Red = new code to be enacted
SENATE CONCURRENT RESOLUTION NO. 18
(By Senators Chafin, Foster and Dempsey)
Requesting the Joint Committee on Government and Finance study the
possibility of eliminating incarceration for certain
misdemeanor convictions.
Whereas, The cost of operating regional jails continues to
escalate due, for the most part, to the increasing number of
inmates these jails must accommodate; and
Whereas, A contributing cause to this increasing burden to the
taxpayers of this state is the propensity of the Legislature to
provide for stiffer jail penalties while creating new misdemeanor
crimes; and
Whereas, Many nonviolent, harmless offenders are required to
serve jail time at taxpayers' expense when other alternatives, such
as community service, home confinement, criminal fines and
probation, would be more cost effective; and
Whereas, Factors involved in the ever-increasing cost to the
taxpayers for regional jails include: (1) The cost of
transportation; (2) the provision of medications and medical
treatment to inmates; (3) delays in providing appointed lawyers
access to their incarcerated clients which, incidentally, drive up
the cost to the state in fulfilling its nondiscretionary obligation
of providing competent legal assistance to indigent individuals; (4) the length of time, on average, inmates are held awaiting trial
or other resolution on the merits to their cases; (5) the average
length of sentences inmates convicted of misdemeanors are required
to serve; and (6) the uniquely burdensome costs of housing and
monitoring inmates with mental disabilities, such as mental illness
or mental retardation; and
Whereas, The Legislature should focus on methods and
procedures that best protect public safety without imposing jail
time; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the possibility of eliminating incarceration for
certain misdemeanor convictions; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, 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 be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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