The West Virginia Legislature, on Friday, March 5, passed House Bill 2257 by a vote of 68 to 29. The new bill allows for “Extended supervision for certain drug offenders; sentencing; conditions; supervision provisions,” and the imposition of a “supervision fee”.
According to the West Virginia Division of the American Civil Liberties Union (ACLU), “This bad bill is a major step backward for criminal law reform in West Virginia. It’s a relic from the ‘war on drugs-era’ and will only lead to more people locked up in cages.”
The bill specifically targets those convicted of a violation under West Virginia codes §60A-4-401(a)(i), (possession or manufacture of a controlled substance with intent to deliver), §60A-4-409(b)(1), (transport or cause to be transported in this state a controlled substance with the intent to deliver), §60A-4-411, (operating or attempting to operate a clandestine drug laboratory), and §60A-4-416, (drug delivery resulting in death; failure to render aid).
As explained in the approved-transcript of the bill, anyone convicted of violating any of the above-stated state codes, “May, as part of the sentence imposed at final disposition, be required to serve, in addition to any other penalty or condition imposed by the court, a period of supervised release of up to 10-years.”
The transcript further states that, “The period of supervised release [] shall begin upon the expiration of any period of probation, the expiration of any sentence of incarceration or the expiration of any period of parole supervision”, meaning that a possible 15-year sentence for a drug-related offense could, in effect, be extended for an additional 10-years, resulting in a 25-year penalty. Court’s would also be authorized to extend an offender’s period of supervised release if anything less than the maximum had been previously imposed. Offenders may also be charged as much as $50 per month as a “supervision fee”.
The bill, which was sponsored by Delegates Steve Westfall, Jonathan Pinson and Jeffrey Pack, was introduced to the House of Delegates on February 10, and presented to the House Judiciary Committee the same day. Delegate Barry Bruce, representing Greenbrier County, sits on the House Judiciary Committee. Due to legislative obligations, Bruce was not available for comment at the time of the West Virginia Daily News’ request. Bruce did, however, vote in favor of the bill.
Before the vote, Delegate Joey Garcia of Marion County, also a member of the House Judiciary Committee, addressed the House Floor to express his opposition to the bill.
“I heard a comment in the Judiciary Committee the other day, that we have to do something,” Garcia said. “And I’m sympathetic to that statement. The way drugs are ravaging our state, we have to do something. But I don’t believe that’s the case – we have to do the right thing. We’re talking about non-violent drug offenders. I’ve heard the word ‘dangerous’. I think a lot of people are using the label ‘these are the bad guys.’ But the bill, it captures those struggling with addiction. And it captures people who are feeding the habit. It may capture other people, too. But it captures those people.”
Garcia went on to say, “The road for drug offenders, it’s a long and winding road. [] I ask you to join me in opposing this bill.”
Garcia also took to social media on Friday to reiterate his argument, tweeting, “Rehabilitation after incarceration for a non-violent drug offender is like playing a game of Chutes and Ladders. On this long and winding road to recovery, we need more ladders and we need fewer chutes.”
Delegate Kayla Young of Kanawha County, who also voted against House Bill 2257, said, “Adding up to 10-years of parole or probation is so harmful for incarcerated folks who are trying to make a positive change.”
Delegates Westfall, Pinson and Pack did not immediately return the West Virginia Daily News’ request for comment.
However, Delegate Todd Longanacre of Monroe County told the West Virginia Daily News, “I heard the argument from both sides of the issue, and, in the end, I voted in support of the bill.”
Longanacre further stated, “It is my understanding that the intent (of HB 2257) is to keep criminal drug pushers, and by that I mean the hard drugs only, more closely controlled, so they’re not out on the streets pushing their poison within our communities.”
House Bill 2257 will now be debated and voted upon in the West Virginia State Senate. As the bill has just passed the House on Friday, neither Senator Jack David Woodrum, nor Senate Minority Leader Stephen Baldwin are, as of yet, familiar with the provisions it contains. However, both Senators have communicated that they will provide statements regarding the bill to the West Virginia Daily News in the coming days.
This page is available to subscribers. Click here to sign in or get access.