West Virginia 2025 Regular Session

West Virginia House Bill HB3460

Introduced
3/17/25  

Caption

State of WV to pay for misdemeanor conviction from time of arrest

Impact

If passed, HB3460 would significantly impact the financing of local jails and their operations. Specifically, it would shift some financial responsibilities from local governments to the state, leading to a more equitable distribution of incarceration costs across the state. The bill aims to address the disparities that exist in how jails are funded based on the population of the jurisdictions involved. By doing so, HB3460 intends to create a more balanced approach to managing jail-related expenses, particularly in smaller municipalities that may struggle with these costs.

Summary

House Bill 3460 proposes that the state of West Virginia shall cover the expenses incurred from the incarceration of individuals convicted of misdemeanors. This bill seeks to establish a system where the state pays a percentage of jail costs based on the locality and the nature of the arrest—in some cases covering up to 100% of expenses. The intent behind this bill is to alleviate the financial burden on local governments that must pay these costs under the current law.

Sentiment

The reception of HB3460 appears to be mixed among lawmakers and stakeholders. Supporters argue that the bill represents a necessary shift in funding responsibilities that can enhance the effectiveness of local law enforcement without placing disproportionate financial stress on small communities. However, opponents express concerns regarding the long-term implications of such measures, fearing that a reliance on state funding may lead to inadequate local control over law enforcement practices. This sentiment promotes a broader debate about the allocation of resources in the criminal justice system.

Contention

Key points of contention include the bill's provisions regarding the percentage of jail costs to be borne by the state versus local municipalities, particularly regarding arrests made by state or county agencies. Critics worry that the proposed funding model may inadvertently encourage over-policing in areas where the costs are partially covered by the state, thus undermining efforts towards criminal justice reform. Furthermore, discussions around the 'pro rata' share based on population could lead to ongoing conflicts over adequacy and fairness in addressing the costs of local incarceration.

Companion Bills

No companion bills found.

Previously Filed As

WV HB5071

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

WV SB596

Modifying payment for housing and maintenance of inmates

WV SB835

Modifying payment for housing and maintenance of inmates

WV SB44

Requiring certain municipalities pay for incarceration of inmates

WV SB202

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 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 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

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.