West Virginia 2024 Regular Session

West Virginia Senate Bill SB202

Introduced
1/11/24  

Caption

Requiring certain municipalities pay for incarceration of inmates

Impact

By enforcing this financial responsibility on municipalities, SB202 is poised to alter how local governments manage their law enforcement budgets and operational expenditures related to jailing. It aims to ensure that communities are held accountable for their law enforcement decisions, potentially leading to changes in how arrests are made and processed, especially concerning charges that could remain within municipal jurisdiction. The impact will likely ripple through the municipal budgeting process, compelling local governments to reassess their policing strategies and to find funds to cover these costs.

Summary

Senate Bill 202 aims to require certain municipalities in West Virginia to bear the costs associated with the incarceration of inmates arrested by their police forces. This bill amends existing legislation by establishing a framework where municipalities are accountable for a portion of the daily costs incurred when inmates are housed in regional jails. The bill specifically outlines that municipalities with police forces of specific classifications must pay for jailing costs for inmates whose charges are usually filed in municipal courts but are escalated to magistrate courts instead.

Sentiment

The sentiment surrounding SB202 appears to be mixed, with proponents arguing that municipal accountability for incarceration will lead to more responsible and judicious law enforcement practices. Supporters believe that this will ultimately discourage unnecessary arrests, promote better decision-making by police officials, and allow for a more equitable distribution of costs among municipalities. Conversely, opponents will likely express concern that this could place an undue financial burden on smaller municipalities, leading to potential over-policing or diversion of resources from other essential community services.

Contention

A point of contention in the discourse surrounding SB202 is the balance of responsibility between state and local governance. Critics of the bill may contend that it could unfairly punish municipalities with fewer resources for the actions of their police departments, potentially leading to an erosion of public safety in economically disadvantaged areas. Additionally, the methodology for calculating costs—determined by inmate days and respective proportions relative to the state population—could become a contentious point, as municipalities with higher arrest rates may face disproportionately higher financial responsibilities.

Companion Bills

No companion bills found.

Previously Filed As

WV SB44

Requiring certain municipalities pay for incarceration of inmates

WV HB107

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

WV SB1007

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

WV SB596

Modifying payment for housing and maintenance 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 HB2766

To clarify when inmates may receive “good time” or time served

WV HB2477

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

WV HB2142

Providing for the reintegration of inmates in correctional facilities

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 A4906

Limits use of restrictions on telephone calls as discipline measure during incarceration.

NJ S3660

Limits use of restrictions on telephone calls as discipline measure during incarceration.

CA SB875

Crimes: parole.

NJ S3934

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.