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Introduced Version House Bill 3213 History

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H. B. 3213

 

         (By Delegate C. Miller)

         [Introduced January 11

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, 2012; referred to the

         Committee on the Judiciary then Finance.]

 

 

 

 

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-12-29, relating to the Community Corrections Performance Incentive; intent; providing definitions; calculation of state prison savings by the West Virginia Supreme Court of Appeals; providing for performance incentive funding; use of funds; and reports to be provided.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended and reenacted by adding thereto a new section, designated §62-12-29, to read as follows:

ARTICLE 12. PROBATION AND PAROLE.

§62-12-29. Community Corrections Performance Incentive.

    (a) Intent. -- The provisions of this act are intended to reduce crimes committed by probationers and the number of probationers revoked to prison by giving probation departments a share of the savings to the state in reduced incarceration costs when they reduce both new offenses by probationers and revocations to prison. By linking funding to performance, this legislation creates a positive incentive for probation departments to improve their supervision practices to enhance public safety and reduce costs to taxpayers.

    (b) Definitions. –- As used in this section, unless the context clearly requires a different meaning:

    (1) "Evidence-based practices" means supervision policies, procedures, programs and practices that scientific research demonstrates reduce recidivism among people on probation, parole, or post-release supervision.

    (2) "Supervised individual" means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail.

    (3) "Conditions of supervision" means conditions of probation, parole or other form of post-prison supervision.

    (c) Calculation of State Prison Savings.

    (1) The West Virginia Supreme Court shall annually calculate:

    (A) The percentage of supervised individuals who are revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment in the State Division of Corrections. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to subsection (f). The baseline revocation rate shall be the revocation rate in fiscal year 2008.

    (B) The percentage of supervised individuals who are convicted of a new felony offense and sentenced to a term of imprisonment in the State Division of Corrections. This calculation shall be based on the fiscal year prior to the fiscal year in which the report is required pursuant to subsection (f). The baseline new offense conviction rate shall be the conviction rate in fiscal year 2009.

    (C) Any state expenditures that have been avoided by reductions in the revocation rate as calculated in subdivision (A) of this subsection.

    (D) Any state expenditures that have been avoided by reductions in the new felony offense conviction rate as calculated in subdivision (B) of this subsection.

    (E) The calculations in subdivision (A) of this subsection shall be made separately for supervised individuals under the supervision of probation agencies and under the supervision of parole or other post-prison supervision agencies, and shall be made separately by individual state and local agencies.

    (d)Performance Incentive Funding.

    (1) Beginning in fiscal year 2012, the Legislature shall annually appropriate up to forty-five percent of any state expenditures that are avoided as calculated in subsection (c). Such averted expenditures shall be appropriated to the Division of Probation Services responsible for those savings.

    (2) The appropriations in subdivision(1) of this subsection are subject to the following provisions:

    (A) None of the calculated savings shall be appropriated annually to the Division of Probation Services if there is an increase in the percentage of individuals supervised by Division of Probation Services who are convicted of a new felony offense as calculated in paragraph (B), subdivision (1), subsection (c) of this section.

    (B) Of the state expenditures that have been avoided by a reduction in the revocation rate, as calculated in paragraph (A), subdivision (1), subsection (c) of this section: (i) Thirty percent of the total savings shall be appropriated to the Division of Probation Services; (ii) an additional five percent of the total savings shall be appropriated to the Division of Probation Services if there is an increase in the percentage of people who are supervised by the Division of Probation Services and who are employed in a full-time job or employed part-time for at least twenty-five hours per week, provided that the Division of Probation Services has submitted data to the Supreme Court showing such increases, and the Supreme Court includes this information in the report required pursuant to subsection (f); (iii) an additional five percent of the total savings shall be appropriated to the Division of Probation Services if there is an increase in the percentage of people who are supervised by the Division of Probation Services who are current in their payments of victim restitution, provided that the Division of Probation Services has submitted data to the Supreme Court showing such increases and the Supreme Court includes this information in the report required pursuant to subsection (f); and (iv) an additional five percent of the total savings shall be appropriated to the Division of Probation Services if there is a decrease in the percentage of people who are supervised by that Division of Probation Services and who test positive for controlled substances, provided that the Division of Probation Services has submitted data to the Supreme Court showing such decreases and the Supreme Court includes this information in the report required pursuant to subsection (f).

    (C) Of the state expenditures that have been avoided by a reduction in the new felony offense conviction rate as calculated in paragraph (B), subdivision (1), subsection (c) of this section: (i) Thirty percent of the total savings shall be appropriated to the state or local agency or agencies; (ii) an additional five percent of the total savings shall be appropriated to the Division of Probation Services if there is an increase in the percentage of people who are supervised by Division of Probation Services and who are employed in a full-time job or employed part-time for at least twenty five hours per week, provided that the agency has submitted data to the Supreme Court showing such increases, and the Supreme Court includes this information in the report required pursuant to subsection (f); (iii) an additional five per cent of the total savings shall be appropriated to the Division of Probation Services if there is an increase in the percentage of people who are supervised by that Division of Probation Services who are current in their payments of victim restitution, provided that the Division of Probation Services has submitted data to the Supreme Court showing such increases and the Supreme Court includes this information in the report required pursuant to subsection (f); and (iv) an additional five percent of the total savings shall be appropriated to the Division of Probation Services if there is a decrease in the percentage of people who are supervised by Division of Probation Services and who test positive for controlled substances.

    (D) The moneys appropriated pursuant to this section shall be used to supplement, not supplant, any other state or county appropriations for probation, parole or other post-prison supervision services.

    (e) Use of Funds.

    Moneys received through appropriations pursuant to this title shall be used for the following purposes:

    (A) Implementation of evidence-based practices;

    (B) Increasing the availability of risk reduction programs and interventions, including substance abuse treatment programs, for supervised individuals;

    (C) Grants to nonprofit victim services organizations to partner with the community corrections agencies and courts to assist victims and increase the amount of restitution collected from probationers.

    (f) Reports.

    (1) On or before October 1 of each year, beginning in 2011, the counties and the Division of Corrections shall jointly report to the Supreme Court the data necessary for the Division of Probation Services to perform the calculations required by subsection (c). The report shall provide separate figures for probation and parole or other form of post-prison supervision and include for the prior fiscal year:

    (A) The number of supervised individuals, by agency;

    (B) The number and percentage of supervised individuals, by agency, who were revoked for violations of their conditions of supervision and ordered to serve a term of imprisonment in the Division of Corrections; and

    (C) The number and percentage of supervised individuals, by agency, who were convicted of a new felony offense and sentenced to a term of imprisonment in the Division of Corrections.

    (2) On or before December 1 of each year, beginning in 2011, the Supreme Court shall report each year on the implementation of this section to the President of the Senate, the Speaker of the House of Delegates, the Chief Justice of the West Virginia Supreme Court, and the Governor. The report shall include the calculations made pursuant to this subsection (c) and the resulting performance incentive funding, if any, to be appropriated.

    (3) The Supreme Court shall make its full report and an executive summary available to the general public on its website.




    NOTE: The purpose of this bill is to provide incentives for good performance in community corrections policy.


    This section is new; therefore, it has been completely underscored.

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