H. B. 4711
(By Delegates Ellem, Proudfoot, Kessler, Hrutkay, Guthrie,
Moore, Sobonya, Burdiss, Miley, Tabb, Pino)
(Originating in the Committee on the Judiciary)
[February 24, 2008]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §51-1-22, relating to
general findings and background regarding jail population and
costs; requesting
the Supreme Court of Appeals to study the
feasibility, establishment, administration and effect of
implementing state or region wide video magistrate arraignment
upon county jail incarceration and jail costs; the effect of
full time magistrate availability upon jail incarceration and
jail costs; the creation and employment of quasi-judicial
officers to serve as pre-trial presentation and bond officers
in lieu of magistrates; the feasibility and effect of
alternative sentencing upon incarceration rates and costs;
identify best management practices for law enforcement and
county administrators which effectively reduce incarceration
rates and costs; and
that the
Supreme Court of Appeals
report
to the regular session of the Legislature, 2009, as to findings and any recommendations
.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §51-1-22, to read as
follows:
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-22. Jail population and costs study.
(a) The Legislature finds that:
(1) Jail population and related costs, whether at the level of
regional or correctional facilities, is growing at an alarming
rate.
(2) The costs of running an incarceration system and
management of jail populations are two very important public
issues.
(3) Recognized public institutions familiar with these issues,
such as the National Institute of Corrections, recommend a co-
ordinated council to bring all the critical involved parties to the
table in order to facilitate the mission of effective and efficient
management of jail population and costs.
(4) Agencies of the West Virginia executive branch, the county
commissions, law enforcement and municipal leaders have expressed
a desire, interest and need to maintain a cost effective and
efficient regional jail system that maintains public and
institutional safety.
(5) In that vein, during calendar year 2007, the Regional Jail Cost Containment & Fee Assessment/Collection Committee (Committee)
met as a multi-disciplinary coordinating criminal justice project
team to identify strategies to most effectively and efficiently
manage jail population, crowding and costs and still provide a
balanced systematic approach for institutional and public safety.
Participants in this process included county commissioners, county
managers, municipal leaders, the regional jail authority,
magistrate and county clerks, and members of respective legislative
staffs, among others.
(6) The Committee identified and accessed information on
several issues which may favorably affect the rate and cost of
incarceration in West Virginia, but also realized that input and
information was required from several other members of the public
community.
(7) Likewise, in the Seventy-ninth Legislature of West
Virginia, a number of bills were introduced to address the burden
of the cost of incarceration for state, county, local and municipal
organizations.
(8) These proposed pieces of legislation reflect a perception
and recognition that the cost of incarceration for political
subdivisions in West Virginia is a growing financial burden and
concern, with a growing need to address, understand and better
share the costs of incarceration.
(9) Rising costs of incarceration threaten the economic
stability and viability of respective political subdivisions who currently bear the cost of incarceration, often diverting public
funds from other necessary governmental functions and obligations,
causing debt and onerous financial strain which the political
subdivisions of West Virginia often find difficult to bear.
(10) All interested parties recognize that proper, appropriate
and economically viable facilities of incarceration are an
essential aspect of government at every level, and paying for the
cost of incarceration for political subdivisions is a necessary and
proper governmental function.
(11) The costs of incarceration should bear an equitable
relationship to use and facility, which equity many political
subdivisions in West Virginia feel is not balanced.
(12) Despite the efforts of the Seventy-ninth Legislature in
the year two-thousand and eight, it is apparent that additional
information about and understanding of the operations related to
incarceration rates and costs is needed so reasonable and effective
solutions can be identified and enacted.
(b) Therefore, it is hereby requested that the Supreme Court
of Appeals establish a commission, comprised of members of the
public community familiar with the issues and information related
to the general issues of growing incarceration rates and costs,
including by way of example: the regional jail authority; the
division of corrections; magistrate and circuit judges; members of
the law enforcement community; members of the social services,
mental health, alcohol and substance abuse community; the public defenders office; county commissions and managers; prosecutors;
municipal authorities; appropriate legislative oversight and
standing committees; and others as seen fit and necessary to fully
meet the task and mandate of the commission.
(c) Said commission shall:
(1) Develop and recommend policies for preventing prison and
jail overcrowding and reducing incarceration costs;
(2) Examine the impact of current statutory provisions, rules
and administrative policies on prison and jail overcrowding and
incarceration costs, including, but not by way of limitation,
magistrate hours and availability for pre-trial arraignment; the
feasability and cost effectiveness of a system of state-wide or
regional video arraignment by magistrates; increasing effective
collection of court costs and fees; the cost effectiveness of
substance abuse, alcohol and treatment programs upon incarceration
rates and recidivism; alternative sentencing programs; and best
management practices to limit and control initial short-term
incarceration, as well as long-term pre-trial incarceration;
(3) Research and gather relevant data and other information
concerning prison and jail overcrowding and incarceration costs;
(4) Develop and recommend policies and procedures for a more
cohesive and effective state criminal justice and juvenile system,
including but not limited to, an overview and study of criminal
sentencing guidelines, as those systems may affect prison and jail
overcrowding and incarceration costs; and
(5) Report their findings and recommendations, including
proposed legislation, to the Joint Committee on Government and
Finance no later than the beginning of the 2009 regular session of
the legislature.
NOTE: The purpose of this bill is to request the Supreme Court
of Appeals to establish a multi-disciplinary commission to study,
make findings and recommendations regarding incarceration
population and costs.
This bill proposes a new section of the code and therefor, no
strike-throughs or underscoring is necessary.