H. B. 4671


(By Delegates Spencer, Douglas and Brown)
[Introduced March 2, 1994; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend and reenact section three, article four, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article five-b, chapter forty-nine of said code, all relating to requiring the commissioner of corrections and the department of health and human resources to develop and implement educational programs for youthful offenders using certain computer technologies.
Be it enacted by the Legislature of West Virginia:

That section three, article four, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section four, article five-b, chapter forty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.

 ARTICLE 4. CENTERS FOR HOUSING YOUTHFUL MALE LAW OFFENDERS.
§ 25 - 4 - 3. Authority of commissioner of public institutions.

The West Virginia commissioner of public institutions corrections is hereby given authority to acquire land and other property by purchase, grant, gift or otherwise in connection with the establishment of centers and to construct such buildings, fences and other facilities, and to acquire such personal property as is necessary for the maintenance and operation of such centers; to direct all needed improvements and repairs necessary for the proper upkeep of such centers, and to provide for the necessary food, medical treatment and safekeeping of persons confined therein; to employ personnel to operate the centers and to provide the necessary work and other programs for the offenders assigned to the centers.

In addition, the commissioner has the primary responsibility, in cooperation with the state superintendent of schools, local community colleges and community college components of four-year colleges, for developing and implementing a plan for the use of computer technology, including "Sat.-Net," to provide educational programs for juveniles and other eligible students under the jurisdiction and control of the commissioner. These educational education programs shall include vocational education, technical preparation courses, job training and higher education programs. These services shall be provided under general contract with community colleges and community college components of four-year colleges. Funding for these services shall be provided through existing resources of the department of education and through existing resources of the division of vocational rehabilitation under its programs and services for students with disabilities.
CHAPTER 49. CHILD WELFARE.

ARTICLE 5B. WEST VIRGINIA JUVENILE OFFENDER REHABILITATION ACT.

§ 49 - 5B - 4. Responsibilities of the department of health and human resources.

(a) The department of health and human resources is empowered to establish, and shall establish, subject to the limits of funds available or otherwise appropriated therefor, programs and services designed to prevent juvenile delinquency, to divert juveniles from the juvenile justice system, to provide community-based alternatives to juvenile detention and correctional facilities and to encourage a diversity of alternatives within the juvenile justice system. The development, maintenance and expansion of programs and services may include, but not be limited to, the following:

(1) Community-based programs and services for the prevention and treatment of juvenile delinquency through the development of foster-care and shelter-care homes, group homes, halfway houses, homemaker and home health services, twenty-four hour intake screening, volunteer and crisis home programs, day treatment and any other designated community-based diagnostic, treatment or rehabilitative service;
(2) Community-based programs and services to work with parents and other family members to maintain and strengthen the family unit so that the juvenile may be retained in his home;
(3) Youth service bureaus and other community-based programs to divert youth from the juvenile court or to support, counsel, or provide work and recreational opportunities for delinquents and other youth to help prevent delinquency;
(4) Projects designed to develop and implement programs stressing advocacy activities aimed at improving services for and protecting rights of youth impacted by the juvenile justice system;
(5) Educational programs or supportive services designed to keep delinquents, and to encourage other youth to remain, in elementary and secondary schools or in alternative learning situations;
(6) Expanded use of professional and paraprofessional personnel and volunteers to work effectively with youth;
(7) Youth initiated programs and outreach programs designed to assist youth who otherwise would not be reached by traditional youth assistance programs;
(8) A statewide program designed to reduce the number of commitments of juveniles to any form of juvenile facility as a percentage of the state juvenile population, to increase the use of nonsecure community-based facilities as a percentage of total commitments to juvenile facilities and to discourage the use of secure incarceration and detention; and
(9) In cooperation with the state superintendent of schools, local community colleges and community college components of four-year colleges, develop and implement a plan for the use of computer technology, including "Sat.-Net," to provide educational programs for juveniles and other eligible students under the jurisdiction and control of the department. These educational education programs shall include vocational education, technical preparation courses, job training and higher education programs. These services shall be provided under general contract with community colleges and community college components of four-year colleges. Funding for these services shall be provided through existing resources of the department of education and through existing resources of the division of vocational rehabilitation under its programs and services for students with disabilities.
(b) The department of health and human resources shall establish, within the funds available, an individualized program of rehabilitation for each accused juvenile offender referred to the department after being allowed an improvement period by the juvenile court, and for each adjudicated juvenile offender who, after adjudication, is referred to the department for investigation or treatment or whose custody is vested in the department. Such individualized program of rehabilitation shall take into account the programs and services to be provided by other public or private agencies or personnel which are available in the community to deal with the circumstances of the particular child. Such individualized program of rehabilitation shall be furnished to the juvenile court and shall be available to counsel for the child; it may be modified from time to time at the direction of the department or by order of the juvenile court. The department may develop an individualized program of rehabilitation for any child referred for noncustodial counseling under section five, article three of this chapter, for any child receiving counsel and advice under section three-a, article five of this chapter, or for any other child upon the request of a public or private agency.
(c) The department of health and human resources is authorized to enter into cooperative arrangements and agreements with private agencies or with agencies of the state and its political subdivisions to effectuate the purpose of this article.



NOTE: The purpose of this bill is to require the Commissioner of Corrections and the Department of Health and Human Resources to develop and implement educational programs for youthful offenders using certain computer technologies.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.