SENATE CONCURRENT RESOLUTION 67

(By Senators Trump, Weld, Azinger, Beach, Clements, Cline, Ferns, Jeffries, Karnes, Maynard, Miller, Ojeda, Romano, Rucker, Smith, Swope and Woelfel)

[Originating in the Committee on the Judiciary;
Reported on April 7, 2017]

Requesting the Joint Committee on Government and Finance study the feasibility, benefits and costs of establishing a West Virginia Sentencing Guidelines Commission.

Whereas, In 1984 the Congress of the United States of America, recognizing the need to reduce federal sentencing disparities and promote transparency and proportionality in sentencing, created the bipartisan, independent United States Sentencing Commission; and

Whereas, There is similarly a growing sense in the State of West Virginia that the state’s sentencing system needs to be overhauled with a view towards promoting fair and uniform sentencing, establishing priorities with regard to the severity of different criminal offenses, and effectuating the most efficient use of limited correctional resources while serving the goals of criminal sentencing, including punishment, rehabilitation, and the protection of the public; and

Whereas, A West Virginia Sentencing Guidelines Commission should therefore be established whose purpose will be to pursue the following objectives: (1) Promoting sentencing that more accurately reflects the time that an offender will actually be incarcerated; (2) reducing unwarranted disparity in sentences for offenders who have committed similar offenses and have similar criminal histories; preserving meaningful judicial discretion in the imposition of sentences and sufficient flexibility to permit individualized sentences; (4) ensuring that sentencing judges in every jurisdiction in the state are able to impose the most appropriate criminal penalties including correctional options programs for appropriate nonviolent offenders; and (5) determining whether the state needs to set out all criminal offenses in terms of priority in order of severity and harm to society and to provide alternatives to incarceration for certain offenses; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance study the feasibility, benefits and costs of establishing a West Virginia Sentencing Guidelines Commission; and, be it

Further Resolved, That the Joint Committee on Government and Finance enlist the assistance of the Council of State Governments in conducting the study; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2018, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations from the Joint Committee on Government and Finance.