West Virginia 2023 1st Special Session

West Virginia Senate Bill SB1010

Introduced
8/6/23  
Engrossed
8/6/23  
Enrolled
8/8/23  
Passed
8/14/23  

Caption

Authorizing Supreme Court to develop pretrial release programs in all circuits

Impact

The bill directs the Supreme Court to review existing successful practices and recommends the development of an electronic system to send reminders of court dates to defendants on pretrial release. This feature is expected to lower instances of failure to appear in court, thereby improving overall court attendance and efficiency. Additionally, the proposed community supervision committee will foster improved coordination in sharing offender information and addressing restitution matters, allowing a more integrated approach within the correctional system and contributing to successful post-release outcomes.

Summary

Senate Bill 1010 aims to amend sections of the West Virginia Code related to pretrial release programs. The bill authorizes the West Virginia Supreme Court of Appeals to develop and implement pretrial release programs across all state circuits specifically for individuals charged with non-violent misdemeanors. One of the pivotal goals of this legislation is to alleviate overcrowded regional jails by providing alternative options for non-violent offenders while ensuring public safety is maintained throughout the process. This initiative intends to facilitate a more effective and supportive justice system for those awaiting trial.

Sentiment

The sentiment surrounding SB1010 has been largely supportive, particularly from criminal justice reform advocates who see it as a necessary step towards reducing the number of low-level offenders in jails. By providing a structured program for non-violent misdemeanants, the hope is to both enhance public safety and rehabilitate individuals through more constructive means. However, concerns have been voiced regarding the implementation of such programs and the effectiveness of electronic reminders, which necessitate further monitoring and evaluation.

Contention

Despite the positive reception of the bill, some lawmakers express skepticism about the sufficiency of resources allocated for capacity-building within these programs. They question whether the Supreme Court and the community supervision committee will be able to adequately manage the expected influx of participants in the pretrial programs. Others have raised potential issues related to how these electronic reminders will affect those with limited access to technology, emphasizing that the proposal must ensure equitable access for all defendants.

Companion Bills

WV HB110

Similar To Authorizing the Supreme Court of Appeals to develop pretrial release programs in all circuits of the state and to develop an electronic court date reminder system as part of any such programs

Similar Bills

CA SB36

Pretrial release: risk assessment tools.

MI HB4657

Courts: state court administration; state pretrial services division; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 11 & 11a to ch. V.

CA AB42

Bail: pretrial release.

CA SB10

Pretrial release or detention: pretrial services.

IL SB1656

PRETRIAL RELEASE-REVOCATION

IL HB4621

PRETRIAL SERVICES

NJ A4521

Concerns provision of services to defendants on pretrial release.

NJ S2648

Concerns provision of services to defendants on pretrial release.