West Virginia 2025 Regular Session

West Virginia House Bill HB3491

Introduced
3/18/25  

Caption

Relating to per diem jail costs

Impact

The proposed changes in HB 3491 would directly affect the financial landscape of regional jails and the responsibilities of local governments. By limiting the duration for which counties must cover the costs associated with housing inmates awaiting state transfer, the bill is intended to alleviate the financial burden on local jurisdictions. Additionally, the bill establishes specific operational protocols for the allocation and usage of funds within the corrections system, aiming for a more efficient and transparent fiscal structure.

Summary

House Bill 3491 aims to amend the provisions of West Virginia law regarding the funding and operation of jails. Specifically, it limits county responsibility for certain jail costs to a maximum of 30 days from the date of incarceration when an inmate, facing a felony conviction, is awaiting transportation to a state correctional facility for a required 60-day evaluation. This change is significant as it seeks to clarify and streamline the cost responsibilities of counties regarding the housing of inmates, particularly in light of the expenditures incurred during the period before the state takes over custody.

Sentiment

Sentiment surrounding HB 3491 appears to be mixed among legislators and stakeholders in the corrections and judicial systems. Proponents argue that the bill is a necessary reform to ensure that financial responsibilities are clearly delineated, thus preventing unforeseen fiscal strain on counties. However, opponents may express concerns that the limitation of funding could further complicate the conditions under which inmates are incarcerated and potentially affect the quality of care and rehabilitation efforts during the evaluation period.

Contention

A noteworthy point of contention involves the balance between state and county responsibilities in the incarceration process. Critics may highlight that while the bill aims to simplify fiscal obligations, it could inadvertently leave counties vulnerable to financial challenges, especially in cases where the transfer to state facilities may experience delays. Furthermore, the implications for the treatment and processing of inmates could spark debate about whether this approach adequately addresses the needs of the justice system and the rehabilitation of offenders.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3552

Relating to per diem jail costs

WV SB17

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

WV SB1007

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

WV HB107

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

WV HB3120

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

WV HB4790

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

WV HB5071

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

WV SB44

Requiring certain municipalities pay for incarceration of inmates

WV SB202

Requiring certain municipalities pay for incarceration of inmates

WV SB596

Modifying payment for housing and maintenance of inmates

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 S3660

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

NJ A4906

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 A5524

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