HCR 55 Text

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.

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