Bill Text: WV SCR57 | 2018 | Regular Session | Introduced
Bill Title: Requesting study of potential creation of WV Sentencing Commission
Spectrum: Slight Partisan Bill (Republican 11-6)
Status: (Introduced - Dead) 2018-03-08 - Referred to Rules [SCR57 Detail]
Download: West_Virginia-2018-SCR57-Introduced.html
SENATE CONCURRENT RESOLUTION 57
(By Senators Trump, Weld, Beach, Maynard, Romano, Azinger, Rucker, Ojeda, Karnes, Cline, Jeffries, Smith, Swope, Baldwin, Clements, Woelfel, and Ferns)
[Originating in the Committee on the Judiciary; Reported on March 8, 2018]
Requesting the Joint Committee on the Judiciary study the modification of criminal proceedings as it pertains to bail requirements and the potential creation of the West Virginia Sentencing Commission.
Whereas, The national government and several states have created criminal sentencing commissions; and
Whereas, Potential powers and duties of a sentencing commission need to be more thoroughly explored; and
Whereas, Adjusting bail requirements could prove to be beneficial to West Virginia’s criminal justice system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is requested to study the modification of criminal proceedings as it pertains to bail requirements and the potential creation of the West Virginia Sentencing Commission; and, be it
Further Resolved, That the potential powers and duties of such a commission should be explored thoroughly during this endeavor. The study should examine sentencing commissions established in other states, as well as the national sentencing commission, in order to replicate such measures. Additionally, the study should investigate potential benefits and effects of modifying bail requirements so that a court or magistrate shall release a person charged with a misdemeanor offense on his or her own recognizance unless that person is charged with a misdemeanor offense of actual violence or threat of violence against a person, a misdemeanor offense where the victim was a minor, a misdemeanor offense involving the use of a deadly weapon, a misdemeanor offense of the Uniform Controlled Substances Act, or a serious misdemeanor driving offense; and, be it
Further Resolved, That the Joint Committee on the Judiciary enlist the assistance of the Governor’s Committee on Crime, Delinquency and Correction in conducting the study; and, be it
Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2019, on its findings, conclusions, and other recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.
