Signed by Governor Earl Tomblin

Vote Smart's Synopsis:

Vote to pass a bill that amends the state prison system.

Highlights:

• Authorizes a circuit court judge to replace 180 days of a sentence of incarceration with a supervised treatment program for substance abuse under the following circumstances, applicable to offenses committed on or after July 1, 2013 (Chapter 28, Art. 5, Sec. 27):
• The offense committed was not a felony crime of violence against a person;
• The offense committed was not a felony offense where the victim was a minor child; or
• The offense committed was not a felony offense involving the use of a firearm.

• Requires an individual convicted of the following offenses to deduct 1 year of good time and undergo mandatory post-release supervision, applicable to offenses committed on or after July 1, 2013 (Chapter 28, Art. 5, Sec. 27):
• The offense committed was a felony crime of violence against a person;
• The offense committed was a felony offense where the victim was a minor child; or
• The offense committed was a felony offense involving the use of a firearm.

• Authorizes a circuit court judge to replace a sentence of incarceration with a supervised substance abuse treatment program under the following circumstances, effective January 1, 2014 (Chapter 62, Art. 15, Sec. 6a):
• The offense committed was not a felony crime of violence against a person;
• The offense committed was not a felony offense where the victim was a minor child; 
• The offense committed was not a felony offense involving the use of a firearm; and 
• The individual’s standard risk and assessment indicates the individual has a high risk of reoffending and a need for substance abuse treatment.

• Requires all circuit courts to participate in a drug court or regional drug court beginning July 1, 2016 (Chapter 62, Art. 15, Sec. 4). 

Full Bill Text