ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4015
(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
[By Request of the Executive]
(Originating in the House Committee on the Judiciary)
[January 28, 1994]
A BILL to amend chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article six, relating to the establishment of a boot camp program by the commissioner of corrections; eligibility; parole supervision; and construction.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article six, to read as follows:
ARTICLE 6. BOOT CAMP.
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25-6-1. Purpose of article.
The purpose of this article is to establish a pilot program of boot camp that will alleviate crowding within the facilities operated by the division of corrections; that will encourage boot camp inmates to become responsible, productive citizens by providing academic education, accepting community responsibilities, accepting personal responsibilities, developing a positive work ethic, developing a positive self-esteem, courage to accept individual challenges, getting along with others, individual motivation, physical wellness, respect for authority, self-discipline, substance abuse treatment and employment readiness; that will create a more positive work environment for both inmates and correctional employees who operate the boot camp; and that will reduce recidivist rates of incarcerated felons.
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25-6-2. Authorization to establish boot camp program.
The commissioner of the division of corrections is hereby authorized to establish a pilot program of boot camp that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the division of corrections and who the division may permit to serve their sentence as a sentence to boot camp in accordance with this article.
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25-6-3. Definitions.
As used in this article, unless the context clearly requires a different meaning, the term:
(a) "Commissioner" means the commissioner of the division of corrections.
(b) "Division" means division of corrections.
(c) "Eligible offender" means eligible offender as defined in section four of this article.
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25-6-4. Eligibility.
(a) Appropriate inmates shall be chosen for the boot camp program in accordance with the following criteria:
(1) One who is not less than eighteen years of age nor more than thirty years of age;
(2) One who is medically, physically and psychologically fit to participate in the program;
(3) One who volunteers for the program;
(4) One who has been convicted of or pleaded guilty to a felony and has been sentenced to a correctional facility under the control and the authority of the division of corrections for not less than one year;
(5) One who did not, during the commission of the offense, cause physical harm to any person or make an actual threat of physical harm to any person with a deadly weapon;
(6) One who was not convicted of or did not plead guilty to an offense charging him or her with having a firearm on or about his or her person or under his or her control while committing that offense;
(7) One who was not convicted of or did not plead guilty to murder in the first degree;
(8) One who was not convicted of or did not plead guilty to murder in the second degree;
(9) One who was not convicted of or did not plead guilty to voluntary manslaughter;
(10) One who was not convicted of or did not plead guilty to malicious assault;
(11) One who was not convicted of or did not plead guilty to unlawful assault;
(12) One who was not convicted of or did not plead guilty to kidnapping;
(13) One who was not convicted of or did not plead guilty to first or second degree sexual assault, first or second degree sexual abuse, or sexual assault of a spouse;
(14) One who was not convicted of or did not plead guilty to first or second degree arson;
(15) One who was not convicted of or did not plead guilty to any offense pursuant to article eight-d, chapter sixty-one of this code;
(16) One who was not convicted of or did not plead guilty to incest;
(17) One who has not previously been convicted of or did not previously plead guilty to any felony;
(18) Such other criteria as the commissioner of the division of corrections may promulgate pursuant to chapter twenty-nine-a of this code.
(b) The sentencing judge may direct that a person be excluded from participation in the state boot camp program, which direction shall be binding on the division of corrections. The sentencing judge may recommend that a person be placed in the state boot camp program.
(c) Any placement in the boot camp shall be subject to the extent funding is available or appropriated and subject to the availability of space in the boot camp:
Provided,
That, nothing in this section shall give the court the power to hold the division of corrections or any officer or employee of the division in contempt of court for failure to adhere to that recommendation that a person be placed in the state boot camp program.
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25-6-5. Legislative rules.
(a)
The division of corrections shall promulgate rules pursuant to chapter twenty-nine-a of this code for the pilot program which shall require that the program be established at one site, which site shall then be under the control and authority of the division of corrections. The program shall consist of all of the following for each eligible offender whom the division permits to serve his or her sentence as a sentence to boot camp:
(1) A period of imprisonment at the boot camp of not more than twelve months which period of imprisonment shall consist of a military style combination of discipline, physical training and hard labor, and substance abuse education, employment skills training, social skills training, and psychological treatment. During incarceration, the division may permit an eligible offender to participate in a self-help program. Additionally, the commissioner shall establish an education program for those eligible offenders who are not recipients of a high school diploma or a certificate of high school equivalence.
(2) Upon successful completion of the boot camp program, and notwithstanding any other provisions for determining parole eligibility, an inmate shall be released on parole in accordance with this article. Except as otherwise provided in this article, a release on parole under this section shall require that the eligible offender be under intensive supervision by the adult parole authority for the remainder of his or her sentence, and may provide for supervision of the offender by the adult parole authority subsequent to the expiration of his or her sentence under any terms and for any period of time prescribed by the division of corrections in its rules promulgated pursuant to chapter twenty-nine-a of this code.
(b) The rules for the pilot program also shall include, but are not limited to, all of the following:
(1) Rules identifying the facilities under the control and authority of the division of corrections designated by the commissioner of corrections that will be used for prisoners serving a sentence to boot camp;
(2) Rules establishing specific schedules of discipline, physical training and hard labor for eligible offenders serving a sentence to boot camp based upon the offender's physical conditions and needs;
(3) Rules establishing standards and criteria for the division of corrections to use in determining which eligible offenders who are sentenced to serve a term of imprisonment under the custody of the division and who the division may permit to serve their sentence as a sentence to boot camp the division will permit to serve their sentence of imprisonment as a sentence to boot camp;
(4) Rules establishing a method of intensive supervision for an eligible offender who is released on parole of the type described in this section for the remainder of his or her parole sentence, and rules governing the supervision of the offender subsequent to the expiration of his or her parole sentence;
(5) The division of corrections shall notify sentencing courts of the performance of eligible offenders serving their sentence of imprisonment as a sentence to boot camp;
(6) Any other rules that are necessary for the proper conduct of the pilot program.
(c) If an eligible offender is sentenced to a term of imprisonment under the custody of the division of corrections, the division may permit the eligible offender to serve his or her sentence as a sentence to boot camp, in accordance with this article and the rules adopted under this article.
If the division permits an eligible offender to serve his or her sentence of imprisonment as a sentence to boot camp and the eligible offender does not satisfactorily complete the entire period of imprisonment described in this article, the offender shall be removed from the pilot program of boot camp and shall be required to serve the remainder of his or her sentence of imprisonment imposed by the sentencing court as a regular term of imprisonment. If the division permits an eligible offender to serve his or her sentence of imprisonment as a sentence to boot camp, the eligible offender commences a period of parole of the type described in this article, and if the eligible offender violates the conditions of that parole, the eligible offender shall be declared a parole violator and shall be subject to the terms and conditions in conjunction with a parole violation.
(d) The commissioner shall keep sentencing courts informed of the performance of eligible offenders serving their sentences of imprisonment as a sentence to boot camp, including, but not limited to, notice of eligible offenders who fail to satisfactorily complete their entire sentence to boot camp or who satisfactorily complete their entire sentence to boot camp.
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25-6-6. Reporting requirements.
The boot camp program shall be subject to termination and sunset, after conduct of performance audit thereon, pursuant to the provisions of article ten, chapter four of this code, three years after the effective date of the creation thereof, together with allowance for subsequent periods applicable to the winding up of the affairs of such boot camp program. The performance audit shall be filed with the president and the minority leader of the Senate, the speaker and minority leader of the House of Delegates, the members of the Senate who are members of the Committee on the Judiciary and the members of the House of Delegates who are members of the Committee on the Judiciary. The performance audit required by this section shall contain all of the following:
(1) A summary of the pilot program as initially established, a summary of all changes in the pilot program made during the period covered by the audit and the reasons for the changes, and a summary of the pilot program as it exists on the date of the preparation of the audit;
(2) A summary of the effectiveness of the pilot program;
(3) An analysis of the total cost of the pilot program, of its cost per inmate who was permitted to serve a sentence to boot camp and who served the entire sentence to boot camp, and of its cost per inmate who was permitted to serve a sentence to boot camp;
(4) A summary of the standards and criteria used by the division of corrections in determining which eligible offenders were permitted to serve their sentence of imprisonment as a sentence to boot camp;
(5) A summary of the characteristics of the eligible offenders who were permitted to serve their sentence of imprisonment as a sentence to boot camp, which summary shall include, but not be limited to, a listing of every offense of which any such eligible offender was convicted or to which any such eligible offender pleaded guilty and in relation to which he or she served a sentence to boot camp, and the total number of such eligible offenders who were convicted of or pleaded guilty to each such offense;
(6) A listing of the number of eligible offenders who were permitted to serve a sentence to boot camp and who did not serve the entire sentence to boot camp, and, to the extent possible, a summary of the length of the terms of imprisonment served by such eligible offenders after they were removed from the pilot program;
(7) A summary of the effect of the pilot program on overcrowding at correctional facilities under the control and authority of the division of corrections;
(8) To the extent possible, an analysis of the rate of the recidivism of eligible offenders who were permitted to serve a sentence to boot camp and who served the entire sentence to boot camp;
(9) Recommendations as to legislative changes to the pilot program that would assist in its operation or that could further alleviate overcrowding at correctional facilities, and recommendations as to whether the pilot program should be expanded.
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25-6-7. Construction and applicability of other acts.
This article shall be liberally construed to accomplish the intent and purposes of the Legislature in adopting it and shall be the sole authority required for the accomplishment of the purposes set forth in this article.