H. B. 2691


(By Delegates Brown and Douglas)
[Introduced March 24, 1993; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section six-a, article five-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section seven, article five-b, of said chapter, all relating to maintaining a unified state system of predispositional detention for juveniles; including the juvenile justice committee, the state board of education, detention center personnel, juvenile probation officers in those groups giving input for the plan; requiring the development of policy and program goals for secure licensed facilities; requiring identification of operational problems of secure detention centers, establishment of policies regarding overcrowding, security, violence, health needs, educational needs, transportation problems, staff problems and time limitations; requiring inclusion of statement of policies and goals regarding licensing, placement criteria, alternative placement, allocation of fiscal resources, information and referral services and educational
regulations; requiring oversight by the legislative commission on juvenile law or their subcommittee and periodic review and updating of the plan; requiring the department of health and human resources to make a descriptive catalogue of its juvenile programs and services available to local communities; and requiring periodic updating of the catalogue.
Be it enacted by the Legislature of West Virginia:
That section six-a, article five-a, chapter forty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section seven, article five-b, of said chapter be amended and reenacted, all to read as follows:
ARTICLE 5A. JUVENILE REFEREE SYSTEM.

§49-5A-6a. State plan for predisposition detention of juveniles.

(a) The commissioner secretary of the department of human services department of health and human resources and the legislative commission on juvenile law shall develop a comprehensive plan to establish maintain and improve a unified state system of predispositional detention for juveniles. to be submitted to the West Virginia Legislature no later than the first day of January, one thousand nine hundred eighty-five The plan shall be developed with input from the department division of corrections, the governor's task force committee on crime, delinquency and correction, the juvenile justice committee, the state board of education, detention center personnel, juvenile probation officers of the department of health and humanresources and judicial and law-enforcement officials from throughout the state.
The plan shall include, but not be limited to, the following:
(1) The development of a coordinated plan The principal purpose of the plan shall be, through statements of policy and program goals, to provide for the effective and efficient use of juvenile detention facilities licensed or operated by local units of government and the state, including those operated regionally by the department of human services department of health and human resources. Standards and criteria shall be established for the use of detention. Priorities for the utilization of available space and transportation of juveniles to and from detention facilities shall also be established.
(2) Recommendations on the use of regional detention centers for detention hearings.
(3) Recommendations regarding the use of emergency home shelters and foster homes for temporary detention.
(4) Recommendations regarding the use of regional detention facilities and charges to counties for such services.
(5) An evaluation of the personnel needs and cost of maintaining all facilities and services recommended in the plan.
(b) Until the development and implementation of the plan set forth in subsection (a) of this section, the commissioner of the department of human services shall do the following:
(1) Identify and coordinate all programs currently available in local communities for children in need of detention. These programs shall be listed in a central resource directoryavailable for local authorities. This directory shall identify which juveniles are acceptable to each program and the cost of each program. Any program listed which is operated by a county or community must conform to guidelines established by the department of human services.
(2) Develop additional emergency shelters in those communities where no such facilities are now in existence, and where there is a demonstrable need for them.
(3) Coordinate a transportation assistance program for counties which have significant difficulty transporting youth to detention facilities. Grants will be made on the basis of proposals submitted to the department by local government units demonstrating special needs based on travel distance, youth detention need and lack of local resources despite good faith attempts to establish or utilize local programs. Reimbursement grants will not exceed forty thousand dollars for fiscal year one thousand nine hundred eighty-two.
(b) The plan shall identify operational problems of secure detention centers. The plan shall establish policies which will generate the means to deal with overcrowding, security and violence within centers, difficulties in moving juveniles through the centers within required time periods, health needs, educational needs, transportation problems, staff turnover and morale and other perceived problem areas.
(c) The plan shall include, but not be limited to, statements of policies and goals in the following areas:
(1) Licensing of secure detention centers;
(2) Criteria for placing juveniles in detention;
(3) Alternatives to secure detention;
(4) Allocation of fiscal resources to the costs of secure detention facilities;
(5) Information and referral services; and
(6) Educational regulations developed and approved by the West Virginia board of education.
(d) The legislative commission on juvenile law, or a designated subcommittee or task force thereof, shall act in a continuing capacity as an oversight committee, and shall assist the secretary of the department of health and human resources in the periodic review and update of the state plan for the predisposition detention of juveniles.
ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.

§49-5B-7. Reporting requirements; cataloguing of services.

(a) The department of welfare health and human resources shall from time to time, but not less often than annually, review its programs and services and submit a report to the governor, the Legislature and the supreme court of appeals, analyzing and evaluating the effectiveness of the programs and services being carried out by the department. Such report shall include, but not be limited to, an analysis and evaluation of programs and services continued, established and discontinued during the period covered by the report, and shall further describe programs and services which should be implemented to further the purposes of this article. Such report shall also include, but not be limited to, relevant information concerning the number of children comprising the population of any rehabilitative facility during the period covered by the report, the length of residence,the nature of the problems of each child, the child's response to programs and services and such other information as will enable a user of the report to ascertain the effectiveness of the facility as a rehabilitative facility.
(b) The department of welfare health and human resources shall on or before the first day of August, one thousand nine hundred seventy-nine, and from time to time thereafter, but not less often than annually prepare a descriptive catalogue of its juvenile programs and services available in local communities throughout this state and shall distribute copies of the same to every juvenile court in the state and, at the direction of the juvenile court, such catalogue shall be distributed to attorneys practicing before such court. Such catalogue shall also be made available to members of the general public upon request. The catalogue shall contain sufficient information as to the persons or agencies responsible for particular programs and services so as to enable a user of the catalogue to make inquiries and referrals. The catalogue shall be constructed so as to meaningfully identify and describe programs and services rather than simply listing specific agencies or the individuals in charge of programs at a given time. The catalogue shall be updated and republished or supplemented from time to time as may be required to maintain its usefulness as a resource manual.

NOTE: The purpose of this bill is to redesign the state plan for predisposition detention of juveniles and the descriptive catalogue of juvenile programs and services.