Prison overcrowding bill has new momentum

Gov. Earl Ray Tomblin’s prison overcrowding bill cleared two major committees in the House of Delegates Tuesday with a significant change from the bill the state Senate passed.

The House Judiciary and Finance committees gave unanimous approval Tuesday to the bill aimed at relieving overcrowding in the state’s prisons and regional jails and reducing the number of repeat offenders by offering new substance abuse programs.

The judiciary committee made a significant change to the bill that passed the Senate. House of Delegates Speaker Rick Thompson pushed for the change that would give the sentencing judge the authority to decide if the six-month early release of some non-violent offenders should occur.

“The judge may oppose as part of the sentence a six-month supervision period after release, which could result in some cost savings,” Thompson said. “They could be let out early but a judge would have to say that’s part of the sentence.”

Thompson says he was concerned about the Senate version of the bill because it left the early release decisions up to the Division of Corrections.

“I feel like the public is protected. That was my concern about the bill originally. My concern has been addressed,” Thompson said.

Del. Patrick Lane, R-Kanawha, was able to amend the bill further Tuesday to mandate all 55 counties have drug courts. The successful programs are currently in 30 counties. Lane says they are the best programs when it comes to addressing repeat offenders.

“The recidivism rate for this program is nine percent. Why don’t we want to expand that across the state?” Lane asked committee members. “And we can do it very simply.”

The finance committee said counties have until 2016 to get their drug courts in place.

The bill is projected to save the state as much as $200 million by not having to build new state prisons to handle the current overcrowding. Del. John Ellem, R-Wood, says lawmakers must take the steps.

“Understand the regional jails are in a crisis,” he said. “They are in such a condition that we are risking court intervention,” he said.

Del. Stephen Skinner, D-Jefferson, says the bill focuses on the real problem of people caught in the spiral of substance abuse and incarceration.

“In one bold stroke we address both substance abuse treatment and the high recidivism rate that drives up costs for taxpayers,” Skinner said.

The bill now heads to the floor of the House where Seaker Thompson predicts passage.

“I think it will have bipartisan support,” Thompson said