Introduced Version
House Bill 2428 History
| 
Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2428
(By Delegate C. Miller)
[Introduced February 13, 2013; 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 section 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.
_____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 2010.
_____(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 2011.
_____(C) Any state expenditures that have been avoided by
reductions in the revocation rate as calculated in paragraph (A) of
this subsection.
_____(D) Any state expenditures that have been avoided by
reductions in the new felony offense conviction rate as calculated
in paragraph (B) of this subsection.
_____(E) The calculations in paragraph (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 2014, 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 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 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 2013,
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 2013, 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.
Webmaster | © 2024 West Virginia Legislature **
