West Virginia 2024 Regular Session

West Virginia House Bill HB4790

Introduced
1/16/24  

Caption

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

Impact

The proposed changes in HB 4790 could significantly alter how jail operations are funded in West Virginia. By mandating a split in costs between the state, municipalities, and counties, local governments may have to reassess their budgets and funding strategies to accommodate these new obligations. The bill stipulates conditions under which the state would cover costs in scenarios where counties face outstanding balances or when municipalities are responsible for expenses stemming from charges that could have been addressed at the municipal court level. This shift aims to create a more sustainable financial model for managing inmate care across various jurisdictional lines.

Summary

House Bill 4790 is designed to address the funding for the operations of jails in West Virginia by requiring the Commissioner of the Division of Corrections to create a report on the feasibility of splitting the per diem costs of inmate incarceration among municipalities, counties, and the state. The bill proposes that as of January 1, 2025, municipalities will be held accountable for their share of per diem costs based on the classification and population of the municipality, while counties will be tasked with the costs attributed to their respective jail facilities. The fundamental goal of the bill is to reduce the financial burden on counties by ensuring that costs are equitably shared based on the source of incarceration.

Sentiment

Discussions surrounding HB 4790 have produced mixed sentiments. Supporters argue that by diversifying the responsibility for inmate costs, the bill could promote accountability amongst municipalities and lead to more efficient resource allocation. Critics, however, express concerns that the bill places undue financial pressure on smaller municipalities, potentially leading to disparities in jail funding and quality of care. This divide reflects the ever-present tension between ensuring adequate public safety funding and managing fiscal constraints within local governments.

Contention

Notable points of contention include the potential for inequitable impacts on smaller municipalities that may struggle to meet the financial obligations set forth by this bill. Furthermore, the bill generates debate regarding the appropriateness of shifting financial responsibilities from one level of government to another, raising questions about the balance between state oversight and local autonomy. Additional concerns have been raised about the implications of the proposed reimbursement provisions and how they might affect cooperation between counties and municipalities in managing incarceration costs effectively.

Companion Bills

No companion bills found.

Previously Filed As

WV HB3120

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

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 SB596

Modifying payment for housing and maintenance of inmates

WV SB44

Requiring certain municipalities pay for incarceration of inmates

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 SB150

Budget Bill

WV HB2024

Budget Bill, making appropriations of public money out of the treasury in accordance with section fifty-one, article six of the Constitution

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.

CA SB875

Crimes: 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.

NJ A5524

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