West Virginia 2023 Regular Session

West Virginia Senate Bill SB596

Introduced
2/9/23  
Refer
2/9/23  
Engrossed
2/21/23  
Refer
2/23/23  

Caption

Modifying payment for housing and maintenance of inmates

Impact

The passage of SB 596 is expected to significantly affect state laws governing the financial obligations of counties related to inmate housing. By instituting a regularized payment structure, it encourages transparency and accountability in how costs for housing inmates are managed. Additionally, the bill mandates that counties will shoulder the burden of the expenses associated with their inmates unless specific exemptions apply. This could place an increased financial strain on local governments, which may lead to budget reallocations and discussions about the sustainability of current incarceration practices within the state.

Summary

Senate Bill 596 aims to amend the Code of West Virginia by modifying the provisions related to payment for the housing and maintenance of inmates. The bill establishes a base rate per day that counties must pay for each incarcerated inmate, which is set at $54.48 effective July 1, 2023. It also outlines a mechanism for calculating these fees based on historical operational costs, ensuring that counties have a clear understanding of their fiscal responsibilities regarding inmate housing in regional jails. Moreover, the bill specifies reduced and enhanced rates depending on specific circumstances, thus introducing flexibility into the fee structure.

Sentiment

The general sentiment surrounding SB 596 appears to be mixed. Supporters argue that the bill introduces necessary reforms to ensure that costs incurred by counties are fair and reflective of actual operating expenses. Conversely, there are concerns among some stakeholders regarding the potential for increased financial strain on local governments, especially smaller counties that may struggle to absorb these additional costs. Overall, the discussions have highlighted the need for a balanced approach that both addresses inmate housing needs and protects the financial stability of county budgets.

Contention

A notable point of contention in the discussions around SB 596 is the potential increased liability for county commissioners outlined in the bill. The legislation implies that county officials may face both official and personal liability for the payment of the established fees if they fail to comply with their financial obligations. This provision has raised eyebrows, with some arguing that it could create an undue burden on local officials and impact their decision-making processes regarding public safety and resources. Additionally, the ability for counties to negotiate payment agreements for housing arrears may either alleviate or exacerbate tensions, depending on how these agreements are structured in practice.

Companion Bills

No companion bills found.

Previously Filed As

WV SB835

Modifying payment for housing and maintenance of inmates

WV SB75

Requiring certain municipalities pay for incarceration of inmates

WV HB2563

Requiring certain municipalities to pay for the incarceration of inmates

WV SB44

Requiring certain municipalities pay for incarceration of inmates

WV SB202

Requiring certain municipalities pay for incarceration of inmates

WV HB4490

Extending the expiration date of the freeze of the per diem cost for incarcerated inmates in regional jails

WV SB557

Extending current cap on per diem rate paid by counties and municipalities to house inmates

WV SB17

Extending expiration date of current cap on per diem cost for incarcerated inmates in regional jail

WV HB5071

State to reimburse county for inmate costs when conviction results in credit for time served

WV HB2540

State to reimburse county for inmate costs when conviction results in credit for time served

Similar Bills

NJ A4694

Establishes "Female Incarcerated Person's Rights Protection Act."

NJ S3530

Establishes "Incarcerated Women's Protection Act" and concerns correctional facility board of trustees.

CA SB1450

Parole.

NJ S3934

Requires certain correctional facilities to allow service and companion animals to assist inmates with disability; makes appropriation.

NJ A5524

Requires certain correctional facilities to allow service and companion animals to assist inmates with disability; makes appropriation.

NJ S310

Requires certain correctional facilities to allow service and companion animals to assist inmates with disability; makes appropriation.

NJ A1691

Requires certain correctional facilities to allow service and companion animals to assist inmates with disability; makes appropriation.

CA SB875

Crimes: parole.