West Virginia To Pilot Pre-Trial Programs
A newly signed bill gives the West Virginia Supreme Court the ability to establish five pre-trial release pilot projects across the state. Reported by the West Virginia Record.
The law, which goes into effect July 7, was signed Wednesday by Gov. Joe Manchin, who said the new law will make West Virginia safer, save money on regional jail costs, and make the administration of justice more efficient … Supreme Court Administrator Steve Canterbury, who also is the former executive director of the state Regional Jail and Correctional Facility Authority, praised the idea. “This is the natural outgrowth of community corrections, proving that we were, and we still are, on the cutting edge,” Canterbury said. Canterbury said by starting the project in five areas, officials can monitor the programs and easier make changes if necessary.
The projects are based on a program that has been operating in Brooke County for several months. There, when a law enforcement officer arrests someone he or she believes is a good candidate for the program, the officer calls the magistrate on duty. That magistrate signs a release allowing the defendant to participate in the program rather than go to jail on bond while awaiting trial. The defendant must appear the next day to meet with a pre-trial officer who does a criminal background check and prepares a report to give to the prosecutor and a supervising magistrate or circuit judge.
Under the new law, only people charged with non-violent misdemeanors and felonies will be eligible for the pre-trial release pilot projects. While on pre-trial release, the defendant reports regularly to a pre-trial officer, wears a global positioning device, or is on home confinement, whichever is deemed most suitable by the supervising magistrate or circuit judge. The defendant must continue to work and pass regular urine checks.
Canterbury said it seems to have worked so far in Brooke County. “The jail population has dropped dramatically,” he said. He didn’t have the specific numbers available, but he said the decrease was from about 40 or so inmates a day to about 15. “That’s a significant drop,” he said. “And that is a lot of money saved, too.” Canterbury said Brooke County has been paying about $5 per day per inmate to help defray the cost of testing and supervision instead of $48 to place the inmate in jail …
The new law requires the pilot projects to be established in five circuits using existing community corrections resources, specifically pre-trial officers and day report centers. The location of the pilot projects has not been determined. Canterbury — who with Gaughan and Lee are considered by many the founders of community corrections in West Virginia — said the Supreme Court will file annual reports to the Legislature on the progress of the pilot projects.
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