H. B. 4680


(By Delegate Tomblin and Dempsey)
[Introduced February 27, 1998; referred to the
Committee on the Judiciary.]




A BILL to amend chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article ten, relating to "The Cost of Doing Illegal Drug Business in West Virginia Act"; short title; findings and declarations; creation of drug motel and hotel facilities; drug motel and hotel facility option for convicted drug dealers; Legislature to appropriate funds for construction of facilities; court to offer option; physical requirements of facility; requirement of showing proof of financial worth; allowing offender to serve portion of sentence at motel or hotel facility; toll-free hotline to identify drug dealers; tax to be imposed for drug dealing; equitable remedies in aid of eradication of drug dealing in certain places; definitions; nuisance defined as place where illegal activity occurs involving illegal dissemination of controlled substances; imposition of tax; and, proceeds from tax to be distributed to local law-enforcement agencies and state police.

Be it enacted by the Legislature of West Virginia:
That chapter sixty-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article ten, to read as follows:
ARTICLE 10. THE COST OF DOING ILLEGAL DRUG BUSINESS IN WEST VIRGINIA ACT.

§60A-10-1. Short title.
This act shall be known as "The Cost of Doing Illegal Drug Business In West Virginia Act."
§60A-10-2. Findings and declarations.
The Legislature hereby finds and declares as follows:
(a) Drug dealing is an illegal profession in which vast amounts of money are reaped by participants, making the illegal activity vastly attractive and seductive to persons with questionable character and scruples.
(b) Drug dealers presently enjoy more rights than persons in legitimate businesses as the result of their clandestine activities which are conducted in total avoidance of the red tape and taxes imposed on legitimate businesses by governmental agencies.
(c) There is a compelling state interest in adopting and implementing innovative methods to tap into the vast supply of money existing as the result of illegal drug dealing, in view of the failure of existing laws providing for criminal and civil fines and forfeitures to fully tap into the vast money and assets that exist as the result of illegal drug dealing.
(d) Since drug dealers and their cronies are proficient at hiding the illegally gained wealth they have accrued through the heinous enterprise of drug dealing and since the current criminal penalties are designed in such a way that the drug dealers and their cronies receive an incentive to hide their illegally gotten wealth, new methods for innovative sentencing and penalty imposition need to be adopted and implemented. New incentives need to be created that are designed to cause drug dealers to pay large sums of their ill-gotten wealth to the state coffers as opposed to lining the pockets of lawyers, as the current approach to prosecuting drug dealing encourages.
§60A-10-3. Drug motel and hotel facility option for convicted drug dealers; court to offer option; physical requirements of facility; requirement of showing proof of financial worth; allowing offender to serve portion of sentence at motel or hotel facility.
(a) Upon any felony conviction for any offense involving a violation of any provision under this chapter involving any controlled substance or substances in which the offender is sentenced to a term in a regional jail or correctional facility, the sentencing court shall provide an option to the offender, in lieu of serving in such jail or correctional facility, of serving in a secure facility designed in substantial part to offer similar amenities as a motel or hotel, except that such facility shall be surrounded by a fence or other barrier that is secure and, that is a minimum of fifteen feet high, which shall be manned by armed guards. The armed guards, in combination, shall have vantage points allowing surveillance of all areas between the physical facility and the fence or other barrier: Provided, That the Legislature shall appropriate funds to construct and maintain the facilities as provided for in this article: Provided, however, That no maid service shall be offered, and each inmate will be responsible for vacuuming, mopping or otherwise cleaning his or her living quarters: Provided, however, That the facility shall provide a cafeteria, recreation facility, including a sauna, whirlpool bath to accommodate no less than eight persons at one time, pool table or tables, shuffle board courts and other recreational activities, to be designated by the commissioner of corrections. The facility shall contain rooms similar in design and size as the average motel or hotel, moderately priced. Each room shall contain a bathroom, with a fully functional toilet and combination bath shower and a sink. The bathroom shall be separate from the primary living quarters of such room and shall have a door that may be shut for privacy. Each room shall additionally have a vanity dresser, two twin beds, telephone and a television and television stand. The television shall offer, at a minimum, cable television: Provided, That the commissioner of corrections shall set a daily fee schedule that shall be imposed for the cost of each room. He or she shall also set a fee schedule for the singular provision of each item of recreation and the cost of any telephone or cable television program or programs that are provided. The fees so imposed shall be at a minimum, three times the cost as the cost for which the particular service is being provided by the commissioner: Provided, however, That in no event may the imposition of any fee be more than five times the actual cost involved in providing the service or item.
(b) In the event any convicted offender indicates a desire to exercise the option provided for under subsection (a) of this section, the court shall require proof of financial ability to meet projected costs of incarceration at the hotel or motel facility. Such proof shall be on a form to be prescribed by the commissioner of corrections which shall require verified and certified statements from any financial institution concerning the holdings of any such offender for whom the financial institution is acting as a depository of moneys, things of value or other assets. In the alternative, any third party may render good and sufficient bond or surety sufficient to meet the projected costs of incarceration of the offender at the secured facility provided for herein: Provided, That the commissioner may accommodate an offender who is unable to fully demonstrate adequate financial solvency or net worth to justify the costs of incarceration for an entire period for which sentence has been imposed by providing for the incarceration of the inmate for a portion of the sentence. In the event the offender is able to demonstrate financial ability for less than the full period of the imposed sentence, he or she shall be allowed to designate the exact portion of the sentence he or she desires to serve at the secure hotel or motel facility. Any fees imposed for the provision of cable television, telephone, or use of recreational facilities shall be collected in cash on the premises of the facility before the cable television, telephone, or recreational facility is used. Payment for room and board shall be prepaid on an annual basis. In the event any offender elects to serve only a portion of his or her actual sentence in a hotel or motel facility, or otherwise becomes financially unable to continue to serve his or her sentence in such facility, he or she shall be removed to a secure regional jail or correctional facility to serve the remainder of his or her sentence.
(c) The commissioner shall, additionally, devise a buy out option which shall be available to any applicable offender after the offender has served, at a minimum, one quarter of the actual period of incarceration to which he or she was sentenced. The buy-out option shall afford the offender the option of paying a sum, three and one-half times greater than the entire cost of incarceration remaining and which he or she would otherwise be required to serve, as projected by the commissioner pursuant to his or her duty to do so in determining the eligibility of an offender to exercise the option provided for under this section. In the event the offender exercises the option to buy out his or her sentence but later is reincarcerated as the result of a violation of parole, he or she shall be reincarcerated under the remainder of the original sentence, and shall forfeit any amount previously paid as a buy-out to the commissioner.
§60A-10-4. Toll-free hotline to identify drug dealers.
The commissioner of corrections is hereby directed to set up a toll-free hotline which shall be available to receive calls from the general public in order to receive information about illegal activity involving the dissemination of controlled substances. The toll-free hotline shall be an eight hundred number which shall be printed prominently on the inside jacket of each telephone directory disseminated in this state, beginning with the printed directory which is published in one thousand nine hundred ninety-nine. The commissioner shall allow any caller to remain anonymous, but shall propose legislative rules designed to implement rewards and incentives for callers to identify themselves. Any reward offered to a caller shall be contingent upon the conviction of an identified drug dealer and upon the monetary income derived by the apprehension and conviction of the offender.
§60A-10-5. Tax to be imposed for drug dealing; equitable remedies in aid of eradication of drug dealing in certain places.
(a) Definitions. -- For the purposes of this article the terms "place," "person," "nuisance" are defined as follows: "Place" includes any building, structure, erection or place, or any separate part or portion thereof, or the ground itself; "person" shall include any individual, corporation, association, partnership, trustee, lessee, agent or assignee; "nuisance" shall mean any place as above defined in or upon which the illegal sale of controlled substances is conducted, permitted, continued or exists, and the personal property and contents used in conducting or maintaining any such place for any such purpose.
(b) Notice to collect tax. -- When a nuisance has been found to exist by a court of competent jurisdiction, a tax equal to thirty-one percent of the value of the sales of any controlled substances, if ascertainable, shall be imposed against the person served or appearing and against the applicable property as set forth herein. In the event the value of the sales is not ascertainable but contraband in the form of controlled substances intended for illegal sale are seized on the premises, the commissioner of corrections shall, with the assistance of any drug enforcement agency, ascertain the wholesale value of such contraband, and a tax of thirty-one percent of the full wholesale value as ascertained by the commissioner shall be imposed. But no such tax shall be certified to the assessor or enforced against the property, unless the record owner has appeared in the proceeding or has been served with the summons or other notice of the nature of the proceedings, and the provisions of existing laws regarding the service of process shall be applied to service in proceedings under this article. The person in whose name the real estate affected by the action exists on the land books of the county for purposes of taxation is presumed to be the owner of the property, and in case of unknown persons having or claiming any ownership, right, title, or interest in property affected by the action, the unknown persons may be made parties to the action by designating them in the summons and complaint as "all other persons unknown claiming any ownership, right, title, or interest in the property affected by the action," and service on them is perfected by publishing the summons in the same manner prescribed by law.
(c) Distributions of tax proceeds. -- Any moneys or other things of value collected under the provisions of this section shall be evenly distributed between local law-enforcement agencies in the county in which the illegal dissemination of controlled substances occurred and the state police. The proceeds shall be used exclusively to hire additional law- enforcement officers or to increase salaries or employment benefits of existing police officers.



NOTE: The purpose of this bill is to create the "The Cost of Doing Illegal Drug Business in West Virginia Act of 1998." The proposed legislation contains and provides for the following: A short title; findings and declarations; creation of drug motel and hotel facilities; drug motel and hotel facility option for convicted drug dealers; court to offer option; Legislature to appropriate funds for constructions of facilities; physical requirements of facility; requirement of showing proof of financial worth; allowing offender to serve portion of sentence at motel or hotel facility; toll-free hotline to identify drug dealers; tax to be imposed for drug dealing; equitable remedies in aid of eradication of drug dealing in certain places; definitions; nuisance defined as place where illegal activity occurs involving illegal dissemination of controlled substances; imposition of tax; and, proceeds from tax to be distributed to local law-enforcement agencies and state police.

This article is new; therefore, strike-throughs and underscoring have been omitted.