Senate Bill 584 History
Senate Bill No. 584
(By Senators Cann, Green, Wells, Walters,
Palumbo, Laird, Miller,
Kessler (Mr. President), Kirkendoll, Stollings,
Cookman, Plymale and Fitzsimmons)
[Introduced March 20, 2013; referred to the Committee on the
A BILL to amend and reenact §62-11C-5 and §62-11C-7 of the Code of
West Virginia, 1931, as amended; and to amend said code by
adding thereto a new article, designated §62-11F-1, §62-11F-2,
§62-11F-3, §62-11F-4 and §62-11F-5, all relating to
authorizing community corrections programs to operate pretrial
release program; legislative findings; establishing
guidelines; and setting fees.
Be it enacted by the Legislature of West Virginia:
That §62-11C-5 and §62-11C-7 of the Code of West Virginia,
1931, as amended, be amended and reenacted; and that said code be
amended by adding thereto a new article, designated §62-11F-1, §62-
11F-2, §62-11F-3, §62-11F-4 and §62-11F-5, all to read as follows:
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§62-11C-5. Establishment of programs.
(a) Any county or combination of counties or a county or counties and a Class I or II municipality may establish and operate
community corrections programs, as provided
in this section, to
be used both prior to trial as a condition of bond in circuit and
magistrate court, as well as an alternative sentencing option for
those offenders sentenced within the jurisdiction of the county or
counties which establish and operate the program: Provided,
the chief judge must certify that the community corrections
facility is available for use in connection with the imposition of
pretrial bond conditions.
(b) Any county or combination of counties or a county or
counties and a Class I or II municipality that seek to establish
programs as authorized in this section shall submit plans and
specifications for the programs to be established, including
proposed budgets, for review and approval by the community
corrections subcommittee established in section three of this
(c) Any county or combination of counties or a county or
counties and a Class I or II municipality may establish and operate
an approved community corrections program to provide alternative
sanctioning options for an offender who is convicted of an offense
for which he or she may be sentenced to a period of incarceration
in a county or regional jail or a state correctional facility and
for which probation or home incarceration may be imposed as an
alternative to incarceration.
(d) Community corrections programs authorized by subsection
(a) of this section may provide, but are not limited to providing,
any of the following services:
(1) Probation supervision programs;
(2) Day fine programs;
(3) Community service restitution programs;
(4) Home incarceration programs;
(5) Substance abuse treatment programs;
(6) Sex offender containment programs;
(7) Licensed domestic violence offender treatment programs;
(8) Day reporting centers;
(9) Educational or counseling programs;
(10) Drug courts;
(11) Community beautification and reclamation programs for
state highways, municipal, county and state parks and recreation
areas, and community gardens; and
____(12) Pretrial release programs.
(e) A county or combination of counties or a county or
counties and a Class I or II municipality which establish and
operate community corrections programs as provided
section may contract with other counties to provide community
(f) For purposes of this section, the phrase "may be sentenced
to a period of incarceration" means that the statute defining the offense provides for a period of incarceration as a possible
(g) No provision of this article may be construed to allow a
person participating in or under the supervision of a community
corrections program to earn "good time" or any other reduction in
§62-11C-7. Supervision or participation fee.
(a) A circuit judge, magistrate, municipal court judge or
community criminal justice board may require the payment of a
supervision or participation fee from any person required to be
supervised by or participate in a community corrections program.
The circuit judge, magistrate, municipal court judge or community
criminal justice board shall consider the person's ability to pay
in determining the imposition and amount of the fee.
(b) All fees ordered by the circuit court, magistrate court,
municipal court or community criminal justice board pursuant to
this section are to be paid to the community criminal justice
board, who shall remit the fees monthly to the treasurer of the
county designated as the fiscal agent for the board pursuant to
section six of this article.
____(c) A circuit judge, magistrate or community criminal justice
board may require the payment of a supervision or participation fee
of $7 per offender per day of "pretrial" supervision from the
county commission wherein said offender is charged pursuant to a pretrial release program established pursuant to section five,
article eleven-c, chapter sixty-two of this code.
____(d) A circuit judge, magistrate or community criminal justice
board may also require payment of a supervision or participation
fee or $30 per month from an offender for "pretrial" supervision
pursuant to a pretrial release program established pursuant to
section five, article seven, chapter sixty-two and section seven,
article eleven-c, chapter sixty-two of this code.
ARTICLE 11F. PRETRIAL RELEASE PROGRAMS
This article applies to adult defendants who have been charged
with either a misdemeanor or felony and, are incarcerated in a
regional jail prior to an adjudication of guilt or innocence.
§62-11F-2. Establishment of Pretrial Release Programs
(a) It is the purpose of Pretrial Release Programs to employ
recommendations from the Council of State Government's Justice
Center's Analyses and Policy Options to Reduce Spending on
Corrections and Reinvest in Strategies to Increase Public Safety,
by providing for uniform statewide risk assessment and monitoring
of those released prior to trial, facilitating a statewide response
to the problem of overcrowded regional jails and costs to county
(b) Any county, circuit, or combination thereof, which elects
or is required to establish a pretrial program pursuant to this article shall establish a local Community Pretrial Committee which
consists of a prosecutor; county commissioner; sheriff; executive
director of the community corrections program; chief probation
officer; and a member of the defense bar where available. The
committee shall meet, at a minimum, once per week to review and
recommend pretrial release of offenders to the Court.
(c) Pretrial Release Programs shall be funded by
appropriations made to the Supreme Court of Appeals for such
§62-11F-3. Pretrial Release Program Guidelines.
(a) The Supreme Court of Appeals of West Virginia shall have
complete oversight and authority over all pretrial services.
(b) The Supreme Court of Appeals of West Virginia shall
establish recommended guidelines for pretrial programs to use when
ordering pretrial release for defendants whose pretrial risk
assessment indicate that they are an appropriate candidate for
(c) The Community Corrections Subcommittee of the Governor's
Committee on Crime, Delinquency and Corrections, pursuant to
section two, article eleven c, chapter sixty-two, shall approve
policy and funding for the development, maintenance and evaluation
of pretrial release programs. Any county, circuit or combination
thereof that establishes a pretrial program intended to provide
pretrial release services shall submit a grant proposal to the Community Corrections Subcommittee of the Governor's Committee on
Crime, Delinquency and Corrections for review and approval.
§62-11F-4. Pretrial Release Assessment.
The Supreme Court of Appeals of West Virginia may adopt a
standardized pretrial risk assessment for use by Pretrial Release
Programs to aid in making pretrial decisions under article one-c of
§62-11F-5 Role of Pretrial Release Programs
(a) Any county, circuit or combination thereof, which elects
or is required to establish a pretrial program shall collect and
present the necessary information, present risk assessment, and
make release recommendations to the Court.
(b) Pretrial services shall also monitor, supervise, and
assist defendants released prior to trial and review the status and
release eligibility of detained defendants for the court on an
(c) Pretrial Release Programs shall:
(1) Present accurate information to the court relating to the
risk defendants may pose in failing to appear in court or of
threatening the safety of the community or any other person and,
consistent with court policy, develop release recommendations
responding to risk;
(2) Develop and provide appropriate and effective supervision
for all persons released pending adjudication who are assigned supervision as a condition of release;
(3) Monitor compliance of released defendants with the
requirements of assigned release conditions;
(4) Promptly inform the court of all apparent violations of
pretrial release conditions or arrests of persons released pending
trial, including those directly supervised by pretrial services as
well as those released under other forms of conditional release,
and recommended appropriate modifications of release conditions;
(5) Coordinate the services of other agencies, individuals or
organizations that may serve as custodians for released defendants,
and advise the court as to their appropriateness, availability,
reliability and capacity relating to pretrial release conditions;
(6) Review the status of detained defendants on ongoing basis
for any changes in eligibility for release options and facilitate
their release as soon as feasible and appropriate;
(7) Develop and operate an accurate information management
system to support prompt identification, information collections
and presentation, risk assessment, release conditions selection,
compliance monitoring and detention review functions essential to
an effective pretrial release program; and
(8) Remind persons released before trial of their court dates
to attempt to facilitate their court appearance.
NOTE: The purpose of this bill is authorize pretrial release programs to evaluate and supervise persons on pretrial release as
part of a community corrections program.
§62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4 and §62-11F-5 are
new; therefore, strike-throughs and underscoring have been omitted.
Strike throughs indicate language that would be stricken from
present code, and underscoring indicates new language that would be