Senate Bill 408 Focuses on Streamlining Process to Help Reduce State’s Rising Prison Population

During last year’s regular session, the Legislature passed Senate Bill 371, which focused on reforming aspects of the state’s criminal justice system to improve public safety and to also address the growing prison overcrowding and substance abuse problems in West Virginia.

At last November’s Regional Jail and Correctional Facility Authority interim meeting, committee members heard from General Counsel for the Governor’s Office discuss the impact Senate Bill 371 has already had on the prison population numbers.

The Governor’s office had been looking at two types of statistics to analyze the effects Senate Bill 371 has had on the prison population numbers; the total number of inmates in the custody of the Division of Corrections (DOC) and of that number, those that are being held at regional jails. The figures show the total inmate population had dropped by 253 and the backlog of inmates being housed in the state’s regional jails was down by 554. It was projected that the prison population would grow past 7,500 by the end of 2014. Instead, the state’s inmate population dropped.

As a continuing response to reducing the prison population in the state, the Senate has placed on the calendar Senate Bill 408, which makes some changes to the current parole board hearing process. Current law requires DOC inmates detained in a non-DOC facility who are eligible for a parole hearing to make a written request. Committee substitute for SB 408 treats DOC inmates housed in non-DOC facilities the same as those inmates already housed in DOC facilities.

Senate Bill 408 would make two changes to the parole process to ensure that DOC inmates are provided with a timely parole board hearing. It removes the three month good conduct requirement prior to parole release as a condition to have a hearing. However, the Parole Board will maintain authority to grant or deny parole. Second, the bill adds language stating that the Division of Correction inmates being held in non-DOC facilities who become parole eligible are entitled to a prompt hearing.

As of Friday, January 31, the bill was placed on first reading on the Senate’s calendar where it is expected to come up for a vote before the full Senate next week.

Many states around the nation including Ohio, New York, New Jersey, and Connecticut have taken initiative to raise their minimum wage above the national requirement and West Virginia might be following the trend.

The House of Delegates has introduced legislation that will increase the minimum wage a total of one dollar in the next two years. There is much debate statewide and nationwide on if raising the minimum wage will positively effect those living in poverty and on the overall economy.

Advocates for raising the minimum wage believe that it will benefit hardworking citizens who work 60 or more hours a week but are still unable to afford life’s basic necessities. According to a study at U.C. Berkeley, roughly half of those that would be affected by a minimum wage increase are in families making $40,000 a year or less. In addition, many supporters of the increase believe that raising the minimum wage would boost the economy because low-income families would have extra money that they would spend in local communities.

“Studies show that a reasonable raise in the minimum wage will help the economy because it’s going to give a little money back to the people who we know are going to spend it,” said Stephen Skinner, D-Jefferson, a cosponsor on House Bill 4283, the House’s minimum wage bill.

Christina Romer, a U.C. Berkeley economics professor and former chair of President Obama’s Council of Economics, says that some evidence suggests that a raise in the minimum wage could result in lower turnover rates which raises productivity and labor demand.

Conversely, however, many are concerned that raising the minimum wage will negatively effect businesses and will result in a lower number of jobs. Some believe that businesses will be forced to cut down their number of employees as a result of a minimum wage increase; therefore, those who work minimum wage jobs would have a harder time finding jobs and potentially keeping their current job.

Additionally, economists who are opposed to raising the minimum wage argue that raising it would simply inflate the prices of goods and services which would put minimum wage workers back in the same position they started in. Contrary to Romer, some are concerned that raising the minimum wage will lower work ethic in employees and discourage young adults from seeking higher education if they’re able to make a living working a minimum wage job.

“The real solution is to create more jobs so that more people are working,” said Delegate John Overington (R-Berkeley), who was one of two delegates to vote against HB 4283. “Employers will offer more than the minimum wage because there’s a lot competition for employers looking for people.”

Many legislators are supporting the bill because of the positive effect they believe it will have on the economy. Delegate Jason Barrett (D-Berkeley), the lead sponsor of the bill, believes that raising the minimum wage will reduce the amount of government aid required to help people who need the extra assistance.

“When someone is making minimum wage, they are going to spend every cent they have and there’s not going to be any money left at the end of the month,” said Barrett. “All the additional money that these people will earn with this minimum wage increase will be spent back into our economy.”

The legislation has a provision that will exempt business owners with fewer than six employees and has support from the State Chamber of Commerce.

The bill has passed through the Industry and Labor Committee and will now be considered by the Finance Committee before making its way to the House floor for a vote. to get opinions and recommendations from water experts.