HOUSE CONCURRENT RESOLUTION NO. 55
(By Delegates Frazier, Wooton and Ellem)
Requesting the Joint Committee on Government and Finance to study
the efficiency and effectiveness of forensic services of West
Virginia and to determine what options may be available to
provide accurate and impartial forensic evidence support
services through entities in addition to, or in lieu of, those
services currently provided by the West Virginia State Police
Forensic Laboratories.
Whereas, The efficient, accurate and impartial examination of
forensic evidence in accordance with the highest standards of
professionalism is deemed to be an indispensable element within our
criminal justice system; and
Whereas, There currently exists within the State of West
Virginia increased concerns about overcrowding in regional jails,
the effects of which may in part be attributed to pretrial delays
resulting from the backlog, delay or other inefficiencies in the
processing of forensic evidence by the West Virginia State Police
Forensic Laboratory; and
Whereas, In 2009, the National Research Council of the National
Academy of Sciences completed a research report entitled
"Strengthening Forensic Science in the United States: A Path Forward" and that a portion of the report included a
recommendation, among others, that to improve the scientific basis
of forensic science examinations and to maximize independence from
or autonomy within the law-enforcement community, state and local
jurisdictions should remove all public forensic laboratories and
facilities from the administrative control of law-enforcement
agencies or prosecutors' office; and
Whereas, There may be some basis for concern about the current
capability of the West Virginia State Police Forensic Laboratory to
continue to employ and retain well qualified professionals
responsible for the processing and testing of forensic evidence at
their current laboratory facility; and
Whereas, In more recent years there has been substantial
development and expansion of forensic science programs at certain
academic institutions of higher education within the State of West
Virginia who may now be capable of providing or assisting in the
delivery of forensic science support services to law-enforcement
agencies throughout the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the delivery of forensic laboratory services for
law-enforcement agencies throughout the State of West Virginia for
purposes of determining what options may be available to improve
the efficiency and effectiveness of these essential support
services; and, be it
Further Resolved, That scope of this study shall include, but
not be limited to, the examination of certain performance
indicators related to the time lines of the processing of evidence
items by the various sections within the West Virginia State Police
Forensic Laboratory, the impact of any backlog in the processing of
evidence on the timely adjudication and trial of criminal
defendants by the courts and overcrowding in regional jails, and
such other areas related to an assessment of the implications of
the efficiencies in the processing of evidence by the State Police
Forensic Laboratory as may be deemed relevant and appropriate; and,
be it
Further Resolved, That an assessment be made of the current
forensic laboratory capabilities existing at Marshall University,
West Virginia University or any other institute of higher education
within the State of West Virginia having an accredited forensic
science program for purposes of determining whether any such
institution of higher education has the current or future
capabilities to assume, in whole or in part, any of the forensic
science testing services now being exclusively preformed by the
West Virginia State Police Forensic Testing Laboratory; and, be it
Further Resolved, That a final report be prepared to include
specific recommendations concerning the improved delivery of
forensic science services in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.