H. B. 2680
(By Delegates Givens, Staton, Kominar, Mahan, Underwood, Riggs,
and Smirl)
(Originating in the Committee on the Judiciary)
[March 21, 1997]
A BILL to repeal section sixteen-b, article five, chapter forty- nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to repeal section six-a, article
five-a of said chapter; and to amend and reenact article
five-c of said chapter, relating to the creation of such
committees and forums as may be necessary to oversee matters
related to juvenile law, placement, housing, detention and
facilities.
Be it enacted by the Legislature of West Virginia:
That section sixteen-b, article five, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be repealed; that section six-a, article five-a of
said chapter be repealed; and that article five-c of said chapter
be amended and reenacted, to read as follows:
ARTICLE 5C. COMMITTEES ON JUVENILE LAW.
§49-5C-1. Creation of committees.
The Legislature shall create such committees and forums as
may be necessary to oversee matters related to juvenile law,
placement, housing, detention and correctional facilities. The Legislature shall delegate or contract such responsibilities and
duties to other governmental bodies as needed.
§49-5C-2. Powers and duties.
The powers and duties of the committees shall include, but
not be limited to, the following:
(a) Studying the status and effectiveness of the laws
relating to juvenile proceedings, the juvenile referee system,
and the West Virginia juvenile offender rehabilitation act, and
making recommendations as to any changes needed in the system and
the ways and means to effect such changes;
(b) Making further and more specific recommendations within
the scope of the study as to the detention of juvenile offenders,
considering both short and long term detention;
(c) Considering existing juvenile detention facilities and
making recommendations, with particular attention to financing,
as to the need for updating present facilities and/or creating
new facilities and the location of each;
(d) Filing a report to each regular session of the
legislature which will include drafts of legislation necessary to
effectuate any recommendations;
(e) Maintaining reference materials concerning juvenile
offenders including, without limitation, information as to laws
and systems in other states;
(f) Visiting, inspecting, and interviewing residents of
juvenile institutions, detention facilities, and places wherein
West Virginia juveniles may be held involuntarily and making
public reports of such reviews;
(g) Overseeing the maintenance and improvement of the system
of predispositional detention of juveniles.
§49-5C-3. Appointment of members.
The committees may include qualified members of the general
public as well as members of the Senate and the House of
Delegates. An effort shall be made to include representatives of
more than one political party on each committee.
§49-5C-4. Time and place of meetings.
The committees shall hold meetings at such times and places
as they may designate.
§49-5C-5. Assistance of other agencies.
The committees may request information from any state
officer or agency in order to assist in carrying out the terms
of this article, and such officer or agency is authorized and
directed to promptly furnish any data requested.
§49-5C-6. Expenses; reimbursement.
The members of the committees and their assistants shall be
reimbursed for all expenses actually and necessarily incurred in
the performance of their duties hereunder by the joint committee
on government and finance from the joint expenses fund.
NOTE: The purpose of this bill is to repeal section
sixteen-b, article five, chapter forty-nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended; to
repeal section six-a, article five-a of said chapter; and to
repeal article five-c of said chapter and to enact a new article
five-c of said chapter, providing for the creation of such
committees and forums as may be necessary to oversee matters
related to juvenile law, placement, housing, detention and facilities.
This article has been completely rewritten; therefore,
underscoring and strike-throughs have been omitted.