SB 760 Text

ENROLLED

Senate Bill No. 760
(By Senators Kessler, Browning, Foster, Jenkins, Laird, Minard, Oliverio, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Caruth, Deem and Hall )
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[ Passed April 7, 2009; in effect ninety days from passage. ]
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AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-28, relating to authorizing the Supreme Court of Appeals to establish up to five pretrial release programs throughout the state utilizing existing probation offices and day-report centers to reduce jail population while ensuring public safety.

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 §62-12-28, to read as follows:
ARTICLE 12. PROBATION AND PAROLE.
§62-12-28. AUTHORIZING SUPREME COURT TO DEVELOP PILOT PRETRIAL RELEASE PROGRAMS.
(a) The West Virginia Supreme Court of Appeals is hereby authorized to develop pilot pretrial release programs in up to five circuits with the aim of reducing regional jail populations of short-term detainees while ensuring the safety of law-abiding citizens.
(b) The programs authorized by subsection (a) of this section shall be available only to persons charged with misdemeanors and nonviolent felonies.
(c) Any program developed pursuant to this section shall require input from arresting officers and shall allow for telephone authorization by magistrates of a charged person's participation.
(d) In developing the pilot programs in the state for examples of successful practices authorized by this section the Court is requested to review any existing programs.
(e) The provisions of this section shall be in effect for three years from the effective date of this section.
(f) The Supreme Court of Appeals is hereby requested to provide annual reports to the President of the Senate and the Speaker of the House of Delegates as to the efficacy of the programs.

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