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Introduced Version House Bill 2182 History

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H. B. 2182

 

         (By Delegate Manypenny)

         [Introduced January 12, 2011; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

 

A BILL to amend and reenact §62-11C-4 and §62-11C-5 of the Code of West Virginia, 1931, as amended, all relating to mandatory funding of community corrections programs; mandating that the crimes of shoplifting and petit larceny be to community corrections programs; and mandating that the crime of possession of marijuana, first offense, may be sentenced to a community corrections program.

Be it enacted by the Legislature of West Virginia:

    That §62-11C-4 and §62-11C-5 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.

§62-11C-4. Special revenue account.

    (a) There is hereby created in the State Treasury a special revenue account to be known as the West Virginia Community Corrections Fund. Expenditures from the fund are for the purposes set forth in subsection (e) of this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. The West Virginia Community Corrections Fund may receive any gifts, grants, contributions or other money from any source which is specifically designated for deposit in the fund.

    (b) In addition to the fee required in section nine, article twelve of this chapter, a fee not to exceed $35 $50 per month, unless modified by legislative rule as provided in section three of this article, is also to be collected from those persons on probation. This fee is to be based upon the person's ability to pay. The magistrate or circuit judge shall conduct a hearing prior to imposition of probation and make a determination on the record that the offender is able to pay the fee without undue hardship. The magistrate clerk, deputy magistrate clerk, magistrate assistant, circuit clerk or deputy circuit clerk shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the magistrate clerk or circuit clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.

    (c) In addition to the fee required in section five, article eleven-b of this chapter, a fee of $2.50 per day is to be collected from those persons on home incarceration. The circuit judge, magistrate or municipal court judge shall consider the person's ability to pay in determining the imposition of the fee. The circuit clerk, magistrate clerk, municipal court clerk or his or her designee shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the circuit clerk, magistrate clerk or municipal court clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.

    (d) In addition to the usual court costs in any criminal case taxed against any defendant convicted in a municipal, magistrate or circuit court, excluding municipal parking ordinances, a $10 $20 fee shall be added. The circuit clerk, magistrate clerk, municipal court clerk or his or her designee shall collect all fees imposed pursuant to this subsection and deposit them in a separate account. Within ten calendar days following the beginning of the calendar month, the circuit clerk, magistrate court clerk and the municipal court clerk shall forward the amount deposited to the State Treasurer to be credited to the West Virginia Community Corrections Fund.

    (e) The moneys of the West Virginia Community Corrections Fund are to be disbursed by the Governor's Committee on Crime, Delinquency and Correction, upon recommendation by the community corrections subcommittee, for the funding of community corrections programs and to pay expenses of the Governor's committee in administering the provisions of this article, which expenses may not in any fiscal year exceed ten percent of the funds deposited to the special revenue account during that fiscal year.

    (f) All moneys appropriated for the establishment and maintenance of community corrections programs in any county or combination of counties or a county or counties and a Class I or Class II municipality that wishes to establish such a program shall be disbursed by the Governor’s Committee on Crime, Delinquency and Correction. 

    (f)(g) Any disbursements from the West Virginia Community Corrections Fund allocated for community corrections programs by the Governor's committee may be made contingent upon local appropriations or gifts in money or in kind for the support of the programs. Any county commission of any county or the governing body of a municipality may appropriate and expend money for establishing and maintaining community corrections programs.

§62-11C-5. Establishment of programs.

    (a) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate community corrections programs, as provided for in this section, to be used both prior to trial as a condition of bond in circuit and magistrate court, as well as an alternative sentencing option for those offenders sentenced within the jurisdiction of the county or counties which establish and operate the program: Provided, That the chief judge must certify that the community corrections facility is available for use in connection with the imposition of pretrial bond conditions.

    (b) Any county or combination of counties or a county or counties and a Class I or II municipality that seek to establish programs as authorized in this section shall submit plans and specifications for the programs to be established, including proposed budgets, for review and approval by the community corrections subcommittee established in section three of this article.

    (c) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate an approved community corrections program to provide alternative sanctioning options for an offender who is convicted of an offense for which he or she may be sentenced to a period of incarceration in a county or regional jail or a state correctional facility and for which probation or home incarceration may be imposed as an alternative to incarceration: Provided, That an offender may only be sentenced to a community corrections program as an alternative to incarceration if a community corrections program is established in the jurisdiction in which the offense occurred.

    (1) An offender who is convicted of shoplifting, as provided in article three-a, chapter sixty-one of this code, or petit larceny, as provided in section thirteen, article three, chapter sixty-one of this code, shall be sentenced to a term in a community corrections program as an alternative to incarceration. The term shall be equal in length to the sentence provided for shoplifting in section three, article three-a, chapter sixty-one of this code, and for petit larceny in section thirteen, article three, chapter sixty-one of this code.

    (2) An offender who is convicted of possession of marijuana as provided in subsection (c), section four hundred one, article four, chapter sixty-a of this code, may be sentenced to a community corrections program for a term equal in length to the term of incarceration as set forth in said section as an alternative to incarceration, or as an alternative to a conditional discharge for first offense of possession of marijuana as provided in section four hundred seven, article four, chapter sixty-a of this code.

    (d) Community corrections programs authorized by subsection (a) of this section may provide, but are not limited to providing, any of the following services:

    (1) Probation supervision programs;

    (2) Day fine programs;

    (3) Community service restitution programs;

    (4) Home incarceration programs;

    (5) Substance abuse treatment programs;

    (6) Sex offender containment programs;

    (7) Licensed domestic violence offender treatment programs;

    (8) Day reporting centers;

    (9) Educational or counseling programs; or

    (10) Drug courts.

    (e) A county or combination of counties or a county or counties and a Class I or II municipality which establish and operate community corrections programs as provided for in this section may contract with other counties to provide community corrections services.

    (f) For purposes of this section, the phrase "may be sentenced to a period of incarceration" means that the statute defining the offense provides for a period of incarceration as a possible penalty.

    (g) No provision of this article may be construed to allow a person participating in or under the supervision of a community corrections program to earn "good time" or any other reduction in sentence.

 

 

 

    NOTE: The purpose of this bill is to expand the community corrections programs throughout the state by increasing the funding for such programs. It further provides that offenders convicted of the crimes of shoplifting and petit larceny be placed in community corrections programs, as well as offenders convicted of first offense possession of marijuana to be placed in community corrections programs.

 

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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