HOUSE CONCURRENT RESOLUTION NO. 83.
(By Delegates Caputo, Manchin, Fleischauer, Poore, Lynch, Perdue, Longstreth, Manypenny, Diserio, Jones and Swartzmiller)
Requesting the Joint Committee on Government and Finance study viable alternatives to placing children in maximum security environments.
Whereas, The Legislature desires, after reading the details of the lawsuit filed by Mountain State Justice regarding the inappropriate living and treatment conditions at the West Virginia Industrial Home for Youth, to study the viable alternatives to placing children in maximum security environments; and
Whereas, When children are removed from the West Virginia Industrial Home for Youth they may be sent to maximum security detention centers replete with cells, bars and correctional officers that offer little, if any, difference in environment for those children; and
Whereas, Private providers of behavioral health services for children may be able to treat security residents in a residential setting so as to provide an appropriate environment for treatment; and
Whereas, There may be many potential benefits to transitioning children currently incarcerated in maximum security settings to private behavioral health centers; and
Whereas, Transitioning children away from maximum security facilities to private residential facilities, could make further capacity available for the overcrowded adult inmate population and capacity for the most severe juvenile offenders would remain within its current system; and
Whereas, There may be less liability to the state by eliminating the risk of construction of new buildings and the inherent risks with being responsible for the well-being of staff; and
Whereas, Private residential facilities with behavior health licenses allow Medicaid providers to bill for services rendered; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study viable alternatives to placing children in maximum security environments; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2014, 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.