H. B. 2319
(By Delegates Armstead, Anderson and Craig)
[Introduced January 13, 2010; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §4-10-8 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new article, designated §61-13-1, §61-13-2, §61-13-3 and
§61-13-4, all
relating to the creation of a Sentencing
Commission, providing for the appointment, terms and
qualifications of members; establishing objectives for the
commission; and setting forth certain powers and duties of the
commission.
Be it enacted by the Legislature of West Virginia:
That §4-10-8
of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be amended by adding
thereto a new article, designated §61-13-1, §61-13-2, §61-13-3 and
§61-13-4
, all to read as follows:
CHAPTER 4. THE LEGISLATURE.
ARTICLE 10. PERFORMANCE REVIEW ACT.
§4-10-8. Schedule of departments for agency review.
(a) Each department shall make a presentation pursuant to the provisions of this article, to the joint standing committee and the
committee during the first interim meeting after the regular
session of the year in which the department is to be reviewed
pursuant to the schedule set forth in subsection (b) of this
section.
(b) An agency review shall be performed on one or more
agencies under the purview of each department at least once every
six years, commencing as follows:
(1) 2008, the Department of Administration;
(2) 2009, the Department of Education and the Arts, and the
Department of Education, including the Higher Education Policy
Commission and the West Virginia Council for Community and
Technical College Education;
(3) 2010, the Department of Revenue and the Department of
Commerce;
(4) 2011, the Department of Environmental Protection and the
Department of Military Affairs and Public Safety and the Sentencing
Commission;
(5) 2012, the Department of Health and Human Resources,
including the Bureau of Senior Services; and
(6) 2013, the Department of Transportation.
CHAPTER 61.
CRIMES AND THEIR PUNISHMENT.
ARTICLE 13. WEST VIRGINIA SENTENCING COMMISSION.
§61-13-1. Creation of sentencing commission; how members are
appointed; no compensation for service of members;
terms of office for members; what constitutes quorum; how chairperson elected; Executive
Director.
(a) There is hereby created a West Virginia Sentencing
Commission.
(b) Such commission consists of the following members, who
shall serve without compensation:
(1) One member is the Chairperson of the Governor's Committee
on Crime and Delinquency, who shall serve as an ex officio member;
(2) Two members are from the West Virginia House of Delegates,
to be appointed by the Speaker of the House;
(3) Two members are members of the West Virginia Senate, to be
appointed by the President of the Senate;
(4) Seven members are current or retired circuit judges,
magistrates or municipal court judges, to be appointed to their
membership on this commission by the Governor;
(5) Two members are citizens of the State of West Virginia,
with no required prerequisite other than citizenship in this state,
to be appointed by the Governor;
(6) One member is the presiding Chief Justice of the West
Virginia Supreme Court of Appeals, who shall serve as an ex officio
member.
(c) Each member serves a two-year term, with the exception of
the ex officio members who shall serve as long as they shall hold
their respective offices.
(d) The chairperson of this commission shall be elected by the
other members of the commission.
(e) Eight members of the commission constitute a quorum.
(f) The Executive Director of the Governor's Committee on Crime
and Delinquency shall serve as the Executive Director of this
Sentencing Commission and will provide administrative services.
§61-13-2. Purpose of Sentencing Commission.
The Legislature hereby finds and declares that:
(a) There is a need for fair and uniform sentencing;
(b) There is a need for research on issues regarding sentencing
in order to promote a fuller understanding of the efficient, just
and fair operation of this state's criminal justice system;
(c) There is a need for establishing priorities with regard to
the severity of the criminal offenses and, in accordance with such
established priorities, to consider alternatives to incarceration
for nonviolent offenders;
(d) There is a need to utilize the limited correctional
resources in a manner best able to fulfill the goals of criminal
punishment and protect the public.
§61-13-3. Objectives of the commission.
The Sentencing Commission shall pursue the following
objectives:
(a) Promoting sentencing that more accurately reflects the time
that an offender will actually be incarcerated;
(b) Concentrating prison capacity on the incarceration of
violent and career offenders;
(c) Reducing unwarranted disparity in sentences for offenders
who have committed similar offenses and have similar criminal histories;
(d) Preserving meaningful judicial discretion in the imposition
of sentences and sufficient flexibility to permit individualized
sentences;
(e) Ensuring that sentencing judges in every jurisdiction in
the state are able to impose the most appropriate criminal
penalties including correctional options programs for appropriate
nonviolent offenders; and
(f) Determining whether the state needs to set out all criminal
offenses in terms of priority in order of severity and harm to
society and to provide alternatives to incarceration for certain
offenses.
§61-13-4. Powers and duties of the commission.
The Sentencing Commission established pursuant to this article
has the following powers and duties:
(a) The commission shall establish general policies and propose
rules for legislative approval in accordance with article three,
chapter twenty-nine-a of this code as are necessary to carry out
the purposes of this section;
(b) The commission may request such information, data and
reports from any officer or agency of the state government as the
commission may from time to time require and as may be produced
consistent with other law;
(c) The commission may issue invitations requesting the
attendance and testimony of witnesses and the production of any
evidence that relates directly to a matter with respect to which the commission or any member thereof is empowered to make a
determination under this article;
(d) The commission shall establish a research and development
program within the commission for the purpose of:
(1) Serving as a clearinghouse and information center for the
collection, preparation and dissemination of information on
sentencing practices;
(2) Assisting and serving in a consulting capacity to state
courts, departments and agencies in the development, maintenance
and coordination of sound sentencing practices;
(e) The commission shall collect systematically the data
obtained from studies, research and the empirical experience of
public and private agencies concerning the sentencing processes;
(f) The commission shall publish data concerning the sentencing
process;
(g) The commission shall collect systematically and disseminate
information concerning sentences actually imposed;
(h) The commission shall, collect systematically and
disseminate information regarding effectiveness of sentences
imposed;
(i) The commission shall make recommendations to the
Legislature concerning modification or enactment of sentencing and
correctional statutes which the commission finds to be necessary
and advisable to carry out an effective, humane and rational
sentencing policy;
(j) The commission shall establish a plan and timetable to collect and disseminate information relating to incapacitation,
recidivism, deterrence and overall effectiveness of sentences
imposed;
(k) The commission shall evaluate the state's sentencing and
correctional laws and policies and make recommendations to the
Governor and the Legislature on or before January 1, 2010, and at
its discretion thereafter, regarding the following issues:
(1) Whether the state should adopt guided discretion sentencing
guidelines and, if so, what type of guided discretion sentencing
guidelines should be adopted;
(2) Whether the state should retain parole as a correctional
option for all inmates or any particular category of inmates;
(3) Whether the state should determine the minimum portion of
a sentence that must be served by all inmates or any particular
category of inmates before becoming eligible for parole;
(4) Whether the state should alter the manner in which an
inmate may obtain credit for good time served or release on
mandatory supervision;
(5) Whether the state needs to take action to ensure that there
is a coordinated system of correctional options to incarceration at
the state and county levels and, if so, what action should be
taken; and
(6) Any other matters relating to state and local laws and
policies governing sentencing, parole, mandatory supervision and
correctional options programs.
NOTE: The purpose of this bill is to create a Sentencing
Commission and setting forth its membership, responsibilities,
powers and duties. The bill also requires that the commission
evaluate the state's sentencing and correctional laws and policies
and make recommendations to the Governor and the Legislature.
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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