SCR 76 Text

SENATE CONCURRENT RESOLUTION NO. 76
(By Senators Jenkins, Kessler, Browning, Chafin, Foster, Laird, Minard, Palumbo, Snyder, Stollings, Williams, Yost, Barnes, Deem and Hall)
[Originating in the Committee on the Judiciary]

Requesting the Joint Committee on Government and Finance to undertake the study of Prison and Regional Jail Overcrowding, with an emphasis on developing alternative community-based and other supervised programs, services and facilities, and, where possible, to avoid the overwhelming cost of constructing additional secure jails and prisons.

Whereas, The Legislature has received the Report of The Governor's Commission on Overcrowding, submitted June 30, 2009, the Interim Recommendations by the Compliance Committee of the Supreme Court of Appeals of West Virginia on Prison Overcrowding, dated January 10, 2010 and The Report of the West Virginia Law Institute, dated January 11, 2010, each containing a variety of broad-based proposals for the reform of our current criminal justice system to relieve prison overcrowding; and
Whereas, This state has already reached the point of prison overcrowding, with over 6,300 offenders having been sentenced, and with over 1,300 of these offenders being held in regional jails until space becomes available in Division of Corrections facilities, thus imposing great strain upon our regional jail system; and
Whereas, This state has one of the highest increasing prison populations in the nation, which continues to grow at a rate of seven percent annually; and
Whereas, By the end of the year 2012, this state will need approximately 3,000 additional beds to accommodate the additional inmates entering our corrections facilities if the status quo of our criminal justice system remains unchanged; and
Whereas, By the end of the year 2017, it is anticipated that our current need for additional bed space will double, absent meaningful reform; and
Whereas, The Division of Corrections has already requested funding for two major construction projects, the total cost of which may exceed the sum of $400,000,000; and
Whereas, The Supreme Court of Appeals has forewarned the Legislative and Executive branches of the possibility of state or federal judicial intervention in the event prison overcrowding reaches the level of "unconstitutional deprivation"; and
Whereas, The Division of Corrections has specifically reported that three-quarters of prison admissions in this state are for non- violent, property and drug related crimes; and
Whereas, The Division of Corrections has further reported that approximately 85% of all inmates have some form addiction or substance abuse problem; and
Whereas, All three of the reports submitted to the Legislature agree on the aggressive pursuit and development of alternative sanctions, including expanded probation, early parole, the expansion of day-reporting and work-release centers, the acquisition of half-way houses, the expanded use of substance abuse treatment programs and facilities, shortened lengths of stay, and the acquisition of special facilities for the geriatric and mentally ill; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance direct that a Joint Committee on Prison Overcrowding & Alternative Sanctions be created, consisting of the Chairman of the Senate Judiciary, or his or her designee, the Chairman of the House Judiciary Committee, or his or her designee, The Chairman of the Senate Finance Committee, or his or her designee, and the Chairman of the House Finance Committee, or his or her designee; and be it
Further Resolved, That the Joint Committee direct the Division of Corrections and the Division of Health and Human Services to jointly participate in the development of specific programs, facilities, and funding requirements as outlined in the aforementioned reports, identifying the potential use of existing state buildings or properties and the availability of federal resources for these projects and future state funding requirements; and, be it
Further Resolved, That the Joint Committee shall 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 the expenses necessary to conduct this study, prepare a report and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

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