West Virginia House Bill 4123 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 7-2)
Status: Introduced on January 18 2012 - 25% progression, died in committee
Action: 2012-01-18 - To House Judiciary
Pending: House Judiciary Committee
Text: Latest bill text (Introduced) [HTML]

The purpose of this bill is to enact the Public Safety and Offender Accountability Act. The bill requires completion of a Corrections Impact Statement to determine the fiscal impact for any bill that proposes to increase, decrease or otherwise impact incarceration. The bill establishes baselines for performance and comparisons to national averages to measure and document possible cost savings from the Public Safety and Offender Accountability Act. The bill reinvestment and distribution of savings. The bill identifies the primary objective for both the Division of Corrections and sentencing policy as maintaining public safety, holding offenders accountable and maintaining the lowest possible recidivism rate. The bill requires the Division of Corrections administer validated risk and needs assessments for inmates eligible for parole. The bill creates of an intensive secured substance abuse recovery program. The bill requires evidence-based practice to be used in treatment and intervention programs. The bill requiring the Division of Corrections to make an annual report to Governor and Legislature. The bill provides additional good time credit for successful completion of education or treatment programs. The bill provides additional good time credit for exceptionally meritorious service. The bill requires the Regional Jail and Correctional Facility Authority to make an annual report to the Governor and Legislature. The bill requires the Supreme Court of Appeals to make an annual report to Governor and Legislature. The bill amends the Uniform Controlled Substances Act. The bill requires the Supreme Court of Appeals to develop an online system that provides courts, attorneys, probation and parole officers, and victims with information about sentencing. The bill distinguishes between serious drug trafficking by maintaining severe penalties for serious drug traffickers. The bill establishes a proportionate scale of penalties and reduces sentence for small quantities of certain controlled substances for a first offense. The bill permits deferred prosecution or a presumptive probation sentence for first and second time possession offenders. The bill requires a law-enforcement officer to issue a citation instead of making an arrest for many misdemeanor offenses with certain exceptions, such as when the offender poses a risk of danger to himself or others. The bill prohibits bail amounts for misdemeanors to exceed the fines and fees of the offenses charged. The bill requires courts and corrections authorities incorporate risk and needs assessment information into the decision-making process. The bill requires state expenditures on supervision and intervention programs for pretrial defendants, inmates and those on parole and probation to be spent on programs that are evidence-based. The bill requires offenders to be supervised using practices proven to reduce or otherwise maintain low recidivism rates. The bill requires parole board to hear cases at least sixty days prior to the offenders parole eligibility date allows parole. The bill requires the use of administrative caseloads for low-risk offenders. The bill authorizes compliance credits for parolees and early termination for probationers who successfully comply with supervision conditions. The bill requires six months of supervision for offenders who would otherwise be discharged without supervision at the end of their sentences. The bill authorizes the Division of Corrections to allow offenders to complete required programming in the community and be monitored. The bill increases accountability for probation and parole violations by authorizing imposition of administrative, graduated sanctions for parole and probation violators. The bill creates two pilot projects that require frequent drug testing with immediate sanctions for positive drug tests or other violations and referral to treatment if necessary. The bill creates an intermediate punishment program that provides substance abuse treatment for offenders sentenced to a state correctional facility. §4-1-24, §15-9-6, §15-9-7, §25-1-23, §25-1-24, §25-1-25, §31-20-33, §51-1-22, §51-1-23 and §51-1-24, §60A-1-102, §60A-4-414, §60A-4-415, §62-11C-3a, §62-12-1a, §62-12-5a, §62-12-29, §62-12-30, §62-12-31, §62-12-32, §62-12-33, §62-12-34, §62-12-35, §62-12-36, §62-12-37, §62-12-38, §62-12-39, §62-12-40, §62-12-41, §62-13-1, §62-16-1, §62-16-2, §62-16-3, §62-16-4, §62-16-5, §62-16-6, §62-16-7, §62-16-8 and §62-16-9 are new; therefore, it has been completely underscored.

Relating to the Public Safety and Offender Accountability Act

Del. Larry Barker [D]	Del. John Ellem [R]	Del. John Frazier [D]	Del. Patrick Lane [R]
Del. Michael Manypenny [D]	Del. Harold Michael [D]	Del. Tim Miley [D]	Del. Clif Moore [D]
Del. Doug Skaff [D]

Date	Chamber	Action
2012-01-18		To House Judiciary
2012-01-18		Introduced in House
2012-01-18		To Judiciary then Finance
2012-01-18		Filed for introduction

SB342 (Same As) 2012-03-10 - On 3rd reading with restricted right to amend, House Calendar

Chapter	Article	Section	Citation Type	Statute Text
15	9	6	New Code	See Bill Text
15	9	7	New Code	See Bill Text
25	1	15	Amended Code	Citation Text
25	1	1a	Amended Code	Citation Text
25	1	23	New Code	See Bill Text
25	1	24	New Code	See Bill Text
25	1	25	New Code	See Bill Text
28	5	27	Amended Code	Citation Text
31	20	33	New Code	See Bill Text
4	1	24	New Code	See Bill Text
51	1	22	New Code	See Bill Text
51	1	23	New Code	See Bill Text
51	1	24	New Code	See Bill Text
60A	1	101	Amended Code	Citation Text
60A	1	102	New Code	See Bill Text
60A	4	401	Amended Code	Citation Text
60A	4	407	Amended Code	Citation Text
60A	4	414	New Code	See Bill Text
60A	4	415	New Code	See Bill Text
62	1	5a	Amended Code	Citation Text
62	11C	3a	New Code	See Bill Text
62	12	13	Amended Code	Citation Text
62	12	18	Amended Code	Citation Text
62	12	1a	New Code	See Bill Text
62	12	29	New Code	See Bill Text
62	12	30	New Code	See Bill Text
62	12	31	New Code	See Bill Text
62	12	32	New Code	See Bill Text
62	12	33	New Code	See Bill Text
62	12	34	New Code	See Bill Text
62	12	35	New Code	See Bill Text
62	12	36	New Code	See Bill Text
62	12	37	New Code	See Bill Text
62	12	38	New Code	See Bill Text
62	12	39	New Code	See Bill Text
62	12	40	New Code	See Bill Text
62	12	41	New Code	See Bill Text
62	12	5a	New Code	See Bill Text
62	13	1	New Code	See Bill Text
62	16	1	New Code	See Bill Text
62	16	2	New Code	See Bill Text
62	16	3	New Code	See Bill Text
62	16	4	New Code	See Bill Text
62	16	5	New Code	See Bill Text
62	16	6	New Code	See Bill Text
62	16	7	New Code	See Bill Text
62	16	8	New Code	See Bill Text
62	16	9	New Code	See Bill Text
62	1C	3	Amended Code	Citation Text

Type	Source
Summary	http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=4123&year=2012&sessiontype=RS&btype=bill
Text	http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hb4123%20intr.htm&yr=2012&sesstype=RS&i=4123