HB 3304 — Authorizing the Division of Corrections and Rehabilitation to establish a Reentry and Transitional Housing Program

These would include business development for reentry and transitional service providers as well as opportunities in recovery counseling and peer support mechanisms as well as social work programs and positions for workers in these programs.

Expanded areas in education, vocational services as well as opportunities in recovery counseling and peer support mechanisms as well as social work programs and positions for workers in these programs.

Expanded areas in education, vocational services as well.

(d) This program would also involve the establishment of partnering with non-profit organization(s), i.e.

private contractor(s) that would work in conjunction and oversee the operations and execution of programs and centers as directed by the Division.

They would also be charged with job of establishing a network of community resources and other connections through collaborative community councils in designated areas of the state;

to conduct monthly meetings and arrange facility appointments to meet the needs of reentering offenders.

 §25-8-2.

Authorization to establish reentry and transitional services program.

The Commissioner of the Division of Corrections and Rehabilitation is hereby authorized to establish a program of reentry and transitional housing that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the commissioner and whom the commissioner, may permit to serve, at or near the end of the offender’s sentenced term, the remaining portion of said term in a designated reentry and transitional housing facility.

§25-8-3.

(a)(1) “Commissioner” means the commissioner of the Division of Corrections and Rehabilitation.Rehabilitation;

(b)(2) “Division” means the Division of Corrections and Rehabilitation;

and(3) (c)“Offender” “Eligiblemeans offender”a meansperson eligiblesentenced offenderto asthe definedcustody inof sectionthe fourCommissioner for service of thisa article.sentence of incarceration due to conviction of a felony or felonies.

§25-8-4.§15A-4A-3.

Eligibility.Expanded work release pilot program.           The Commissioner of the Division of Corrections and Rehabilitation is hereby authorized to establish a pilot program expanding available work release facilities to no more than a total of five locations be used for eligible offenders who are sentenced to serve a term of imprisonment in the custody of the commissioner and whom the commissioner  requires to serve the last portion of their sentences in a work release facility in accordance with this article.

 (a)§15A-4A-4. Offenders who have been sentenced to the custody of the Commissioner of the West Virginia Division of Corrections and Rehabilitation may participate in the Reentry and Transitional Housing Program they are in accordance with eligibility criteria established by the Commissioner.

           Eligibility; (b) Any placement in reentry and transitional housing shall be subject to the funds appropriated, and outlined in section eight of this article and subject to the availability of space in the reentry and transitional service:

Provided,Funding. That nothing in this section shall give any court the power to hold the Division or any officer or employee of the division in contempt of court for failure to adhere to a circuit court directive that a person be placed in the state reentry and transitional services program if space or funding is unavailable.

 §25-8-5. (a) LimitationsAn Onoffender Eligibilityis Foreligible Allto Reentryparticipate Andin Transitionalthe Serviceswork Referrals.release program if he or she:

 (a)            The(1) followingIs categories18 years of personsage shallor notolder; ordinarily participate in reentry and transitional services programs:

(1)(2) OffendersIs whophysically requireand inpatientpsychologically medical,able, psychological,as ordetermined psychiatricby treatment.the commissioner, to participate in the program:

(2)Provided, OffendersThat whooffenders refusewith tomedical participateconditions inor thedisabilities Offendershall  Financialbe Responsibilityeligible Program.for work release placement.

(3) OffendersIs withdirected unresolvedby pendingthe charges.Commissioner of Corrections to participate in the work release program;

and             (4) Ordinarily,Meets offendersother servingcriteria sentencesas the commissioner of sixthe monthsDivision orof less.Corrections and Rehabilitation may direct.

(5)   Offenders            who(b) refuseThe expansion of work release authorized by this article is subject to participatefunds inbeing appropriated by the InstitutionLegislature Releasetherefor Preparationor Program.appropriated funds being redirected thereto.

(6) §15A-4A-5. Offenders whose current offense or behavioral history poses a significant risk of harm to the community.

TheseLimitations couldon include,eligibility butfor arework notrelease necessarilyparticipation. limited to, an offender who has a history of repetitive violence, or escape from a secure facility using force, or association with violent or terrorist organizations.

(7)The Offendersfollowing whosepersons admissionmay andnot releaseparticipate statusin arethe pretrialwork orrelease holdover.program:

§25-8-6.(1) An offender who requires inpatient psychological or psychiatric treatment;

(2) An offender who refuses to participate in the Offender Financial Responsibility Program;

(3) An offender who refuses to participate in the Institution Release Preparation Program;

and (4) An offender determined by the commissioner, in his  or her sole discretion, to pose a threat  to the safety of another or to the community or to be an otherwise inappropriate candidate for participation  in the program.

§15A-4A-6.

(a) The Divisioncommissioner shall develop operational procedures and policies for the programwork whichrelease shallprogram.  requireThe thatprocedures theand programpolicies partnermay, withpursuant andto establish§15A-3-12 externalof contractingthis procedurescode, withallow externalthe division to partner with contractors to be established at multiple sites, which sites shall then subject to the control and authority of the Division.commissioner.

(b) The programprocedures shalland consistpolicies ofshall theinclude following opportunities as deemed appropriate for each eligible offender whom the divisionfollowing: permits to serve his or her sentence as a sentence to reentry and transitional housing.

 (1)(1) A period of Imprisonment atin awork reentryrelease and transitional house of no more less than 180 days or 6 months prior to release ofon sentenceparole or discharge which period of Imprisonment shouldmay consistinclude of but not be limited to substance abuse educationeducation, ormandatory programming,employment employment,or employment skills trainingtraining, as available and as deemed necessary, social skills training, and psychological evaluation and treatment.

Additionally, the state Board of Education and State Superintendent of Schools, pursuant to section five, article twenty, chapter eighteen of this code, respectively, may, as funds are available, establish an education program for those eligible offenders who are not recipients of a high school diploma or a certificate of high school equivalence.equivalency.

(b)(2) OffendersPolicies withand medicalprocedures conditionsidentifying orthe disabilitiesfacilities maysubject alsoto the control and authority of the commissioner that will be consideredused for reentryoffenders andserving transitionala servicessentence placement.in a work release program;

Offenders(3) arePolicies requiredand toprocedures assumeestablishing financialadditional responsibilitycriteria forthe theircommissioner healthdeems carenecessary orand beappropriate eligibleto fordetermine Medicaideligibility whileand assignedof offenders to reentryserve andthe transitionallast servicesportion programs.of his or her sentence in a work release program;

Such(4) offendersPolicies mustand provideprocedures sufficientto evidenceeffectuate notification to institutiona staffsentencing court of theirthe abilityperformance toof payan foreligible healthoffender careserving whilepart atof ahis reentryor andher transitionalsentence servicesin priora towork therelease referralfacility; being made.

Whenand an(5) offenderAny isother unablepolicies orand unwillingprocedures tothat bearare the cost of necessary healthfor care, the offenderproper shalloperation beof deniedthe placement.program.

(c) Upon successful completion of the reentrywork andrelease transitional services program, and notwithstanding any other provisions for determining parole eligibility, an offender shall be released on parole or discharged in accordance with this article.

(d) TheAn policiesoffender andwho proceduresdoes fornot thesatisfactorily reentrycomplete andthe transitionalwork housingrelease program also shall include,be butremoved arefrom notthe limitedprogram to,and allreturned to serve the remainder of his or her sentence in a facility designated by the following:commissioner.

(1)§15A-4A-7. Policies and procedures identifying the facilities subject to the control and authority of the Division that will be used for offenders serving a sentence to reentry and transitional services.

(2) Policies and procedures establishing criteria the commissioner deems necessary to determine the eligibility of offenders to serve the remainder of their sentences as a sentence to reentry and transitional housing.

(3) Any other policies and procedures that are necessary for the proper operation of the program.

 (e) An eligible offender who does not satisfactorily complete the entire period of the reentry and transitional housing portion of his or her imprisonment, shall be removed from the program of reentry and transitional housing and shall be required to serve the remainder of the original sentence of imprisonment at a facility to be designated by the Division of Corrections and Rehabilitation.

§25-8-7.

Reporting requirements;

performance audit.

The reentry and transitional housing program shall be subject to a performance audit thereon, pursuant to the provisions of article ten, chapter four of this code, five years after the effective date of the creation thereof, together with allowance for subsequent periods applicable to the winding up of the affairs of such reentry and transitional services program.

 (a) A summary of the program as initially established, a summary of all changes in the program made during the period covered by the audit and the reasons for the changes, and a summary of the program as it exists on the date of the preparation of the audit.

 (b) A summary of the effectiveness of the program.

 (c) An analysis of the total cost of the program, of its cost per offender who was permitted to serve a sentence to reentry and transitional services and who served the entire sentence to reentry and transitional services, and of its cost per offender who was permitted to serve a sentence to reentry and transitional services.

 (d) A summary of the standards and criteria used by the division in determining which eligible offenders were permitted to serve their sentence of imprisonment as a sentence to reentry and transitional services.

 (e) A summary of the characteristics of the eligible offenders who were permitted to serve their sentence of imprisonment as a sentence to reentry and transitional services, which summary shall include, but not be limited to, a listing of every offense of which any such eligible offender was convicted or to which any such eligible offender pleaded guilty and in relation to which he or she served a sentence to reentry and transitional services, and the total number of such eligible offenders who were convicted of or pleaded guilty to each such offense;

 (f) A listing of the number of eligible offenders who were permitted to serve a sentence to reentry and transitional services and who did not serve the entire sentence to reentry and transitional services, and, to the extent possible, a summary of the length of the terms of imprisonment served by such eligible offenders after they were removed from the program.

 (g) A summary of the effect of the program on overcrowding at correctional facilities under the control and authority of the division of corrections.

 (h) To the extent possible, an analysis of the rate of the recidivism of eligible offenders who were permitted to serve a sentence to reentry and transitional services and who served the entire sentence to reentry and transitional services.

(i) Recommendations as to legislative changes to the program that would assist in its operation or that could further alleviate overcrowding at correctional facilities, and recommendations as to whether the program should be expanded.

§25-8-8.

TheFunding funding for the reentryexpanded andwork transitionalrelease housingpilot shallprogram may be derived from the state’s general revenue fund or the budget assigned annually to the Division.division.

DistributionThe amountsJoint areCommittee noton toEnrolled exceedBills 75%hereby ofcertifies costthat ofthe dailyforegoing incarcerationbill rateis percorrectly individualenrolled. offender.

During  their  stay,............................................................... offenders will be required to pay a subsistence charge to help defray the cost of their confinement;

this        chargeChairman, isHouse 25%Committee of  their  net                     income................................................................

Failure                             toChairman, makeSenate subsistenceCommittee payments                                    may                result  Originating in disciplinarythe action.House.

§25-8-9.  In effect from passage.

Community-Based  Programs.  ...............................................................

 (a)                  ReentryClerk andof Transitionalthe ServiceHouse Centersof (RTSCs)Delegates are  commonly  referred                     to............................................................... as “halfway houses,” and provide suitable residence, structured programs, job placement, and counseling, while the offenders’ activities are closely monitored.

All                                                   RTSCsClerk offerof drugthe testingSenate and  counseling  for                        alcohol            and............................................................... drug-related problems.

These                                            facilities,Speaker wouldof bethe locatedHouse throughoutof WestDelegates Virginia  and  provide                                                two            program............................................................... components:

The                                                                           CommunityPresident Correctionsof Componentthe andSenate the  Prerelease  Component:__________             The within ...................................................

 (1)this Thethe........................................... Community Corrections Component is designed as the most restrictive option.

Except  forday employmentof and..........................................................................................................., other2021. structured program activities, an offender in this component is restricted to the RTSC.

An  offender  shall                                    ordinarily            be............................................................. placed in the Community Corrections Component upon arrival at the RTSC.

This            orientation                                                                        period            wouldGovernor normally  last  forBill twoStatus  |  weeksBill orTracking  |  untilLegacy theWV offenderCode  |  hasBulletin demonstratedBoard  |  toDistrict RTSCMaps  |  staffSenate theRoster  |  responsibilityHouse necessaryRoster  |  toLive  |  functionBlog  |  inJobs  |  Links  |  Home This Web site is maintained by the community.West Virginia Legislature's Office of Reference & Information.

Based on their professional judgment, RTSC staff shall determine when an offender is prepared to advance to the Prerelease Component.

(2) The Prerelease Component is designed to assist offenders making the transition from an institution setting to the community.

These offenders have more access to the community and family members.

In addition, a RTSC may also have an intensive treatment component consisting of substance abuse education and treatment, life skills training, mental health counseling, education, employment assistance, and mentoring.

    NOTE:

The purpose of this bill is to authorize the Commissioner of the Division of Corrections and Rehabilitation to establish a program of reentry and transitional services that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the Division of Corrections and Rehabilitation whom the Commissioner or the circuit court may permit to serve his or her sentence as a sentence to reentry and transitional services to cut the costs of confinement and promote transition of the offender  into society.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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