HOUSE CONCURRENT RESOLUTION NO. 112
(
By Delegates Miley, Hunt, Barker, Brown, Caputo, Ferro,
Fleischauer, Frazier, Hutchins, Longstreth, Michael, Moore, Ross,
Shook, Skaff, Susman, Wells, Wooton, Ellem, Hamilton, Lane,
Overington, Schadler, Schoen and Sobonya
)
(Originating in the Committee on the Judiciary)
[March 10, 2010]
Requesting the Joint Committee on Government and Finance to
undertake the study of Prison and Regional Jail Overcrowding,
with an emphasis on developing alternative community-based and
other supervised programs, services and facilities, where
possible, to avoid constructing additional jails and
prisons.
WHEREAS, West Virginia has one of the highest increasing rates
of prison growth in the nation, at nearly seven percent annually;
and
WHEREAS, In response to the escalating jail and prison
population, the Governor of the State of West Virginia established
the Governor's Commission on Prison Overcrowding by executive order
1-09; the West Virginia Legislature created the West Virginia Law
Institute; and the Supreme Court appointed a "Compliance Committee"
to monitor compliance with the Court's directives regarding
overcrowding within correctional facilities, and
WHEREAS, The Legislature has received the Report of The Governor's Commission on Overcrowding, submitted June 30, 2009,
and, the Interim Recommendations by the Compliance Committee of the
Supreme Court of Appeals of West Virginia on Prison Overcrowding,
dated January 10, 2010, and The Report of the West Virginia Law
Institute, dated January 11, 2010, each containing a variety of
broad-based proposals for the reform of our current criminal
justice system to relieve prison overcrowding; and,
WHEREAS, approximately 6,300 offenders have been sentenced to
the Division of Corrections facilities; and of those excess
offenders sentenced, 1, 300 are being held in regional jails until
space is available in Division of Corrections facilities. The
number of felony offenders sentenced to the custody of the Division
of Corrections grows by approximately three each day, causing
severe overcrowding in the regional jail system; and
WHEREAS, West Virginia ranks number 50 among all states in the
use of community corrections as an alternative to prison. Given
that 90 percent of all prison inmates will eventually return to the
community, the state should have a responsibility to provide the
offender with programs that will aid in their rehabilitation and
return to society; and
WHEREAS, the Division of Criminal Justice Services'
Statistical Analysis Center finds that by the end of 2012 West
Virginia will need space for 8,530 offenders and by 2017 that
number will increase to 10,304, more than doubling the demand for
prison bed space; and
WHEREAS, All three of the reports submitted to the Legislature agree on the aggressive pursuit and development of alternative
sanctions, including expanded probation, early parole, the
expansion of day-reporting and work-release centers, the
acquisition of half-way houses, the expanded use of substance abuse
treatment programs and facilities, shortened lengths of stay, and
the acquisition of special facilities for the geriatric and
mentally ill; further study shall be conducted on this issue;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study and identify further recommendations in order to
address this issue of prison overcrowding; and be it
Further Resolved, that the Joint committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions, and recommendations; and be it
Further Resolved, that the expenses necessary to fund this
study, prepare a report, and draft necessary legislation be paid
from legislative appropriations to the Joint Committee on
Government and Finance.