West Virginia 2023 1st Special Session

West Virginia Senate Bill SB1007

Introduced
8/6/23  
Report Pass
8/7/23  
Engrossed
8/7/23  
Enrolled
8/8/23  
Passed
8/14/23  

Caption

Requiring municipalities to reimburse responsible county regional jail per diem fees in certain cases

Impact

The passage of SB 1007 is expected to have a significant impact on the financial obligations of municipalities and counties. By requiring municipalities to reimburse counties for certain per diem costs, the bill incentivizes municipalities to handle cases within their jurisdiction, potentially reducing the number of cases processed in higher-cost regional jail facilities. This change ensures that municipalities who opt to pursue cases in magistrate courts, rather than municipal courts, contribute to the financial burden of housing those individuals, thereby promoting greater fiscal responsibility among local governments.

Summary

Senate Bill 1007 focuses on amending the existing laws related to the per diem fees charged to counties for the incarceration of individuals in regional jails. It establishes that municipalities must reimburse the responsible county for up to five days of these fees when they prosecute offenses that could have been handled in municipal courts. The bill aims to ensure municipalities are held accountable for the costs incurred when prosecution decisions lead to using regional jail facilities instead of local ones. This legislative change not only seeks to clarify payment responsibilities but also hopes to streamline the funding for jail operations by creating an accountable reimbursement mechanism.

Sentiment

The general sentiment surrounding SB 1007 appears to be supportive, particularly among lawmakers concerned with efficient management of jail costs and local governance. However, there may also be some opposition from municipalities worried about increased financial strain and the implications of potential new costs. The alignment of sentiment seems to be in favor of accountability and improved operational funding for jails, yet concerns about local budget impacts exist.

Contention

Key points of contention regarding SB 1007 may arise from discussions about local government autonomy versus state mandates. While supporters argue that the bill promotes fiscal accountability, opponents might contend that it could lead to inequitable burdens on municipalities, particularly those smaller in size or with limited budgets. The balance between ensuring municipalities are accountable for their prosecution choices and maintaining fair financial practices among local governments will likely remain a focus in discussions and debates surrounding the bill.

Companion Bills

WV HB107

Similar To Requiring certain municipalities to reimburse responsible county for up to five days of regional jail per diem fees

Previously Filed As

WV SB44

Requiring certain municipalities pay for incarceration of inmates

WV SB17

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

WV HB3552

Relating to per diem jail costs

WV HB3120

Split the jail bills among the cities, counties, and the state

WV HB3253

To provide sufficient funding to the Jail Operations Partial Reimbursement Fund if a general revenue surplus exists in a given fiscal year

WV SB596

Modifying payment for housing and maintenance of inmates

WV HB2477

Relating to the financial responsibility of inmates in relation to civil awards

WV SB677

Clarifying role and responsibilities of State Resiliency Officer

WV HB2298

Granting counties and municipalities a portion of the net terminal income from racetrack video lottery

WV SB735

Clarifying department responsible for administration of certain programs

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