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West Virginia Bill SB 975 exempts counties from daily jail costs for inmates found incompetent to stand trial

Original title: Excluding county reimbursement for any inmate declared incompetent to stand trial

Last action · February 17, 2026: To Government OrganizationSponsor: Rupie Phillips

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Senate Bill 975 eliminates the daily jail reimbursement requirement for counties when an incarcerated inmate has been declared incompetent to stand trial. The measure amends West Virginia Code §15A-3-16 to adjust financial obligations between county governments and the state correctional system.

Why it matters

Changes financial liabilities for county governments by removing housing cost obligations for specific inmate classifications, directly altering local government expenditures for regional jail facilities.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

County commissions

County commissions are relieved of paying daily per diem costs for inmates declared incompetent to stand trial.

Directly affected

Division of Corrections and Rehabilitations

The division administers special revenue funds and oversees regional jail facilities where inmate costs and exemptions are applied.

Key Facts

  • Counties and municipalities placing an inmate in a jail facility under the commissioner's jurisdiction are exempted from paying the daily per diem rate for any inmate found to lack the requisite competency to stand trial pursuant to §27-6A-1 et seq.
  • Special revenue funds administered by the Regional Jail and Correctional Facility Authority are continued under the administration of the commissioner and restricted to jail operational functions and debt service.
  • The base per day, per inmate rate is set at $54.48 as of July 1, 2023, subject to annual adjustment by the State Budget Office based on a three-year cost average.
  • Each county pays an annual per diem jail cost scaled against a pro rata share calculated using population data and tiered rate multipliers of 80 percent, 100 percent, or 120 percent.
Show all 7 facts
  • Jail facilities must keep a record of incarceration dates and times, prohibiting a second day of incarceration billing until an individual has remained incarcerated for more than 24 hours.
  • Counties are responsible for costs incurred by the division for housing and maintaining pretrial inmates and convicted misdemeanants, while the division bears housing costs for felony convictions beginning the calendar day following conviction.
  • Circuit and magistrate courts are authorized to detain arrested persons in a county or municipal jail for up to 96 hours or commit convicted persons for up to 14 days.

Frequently Asked Questions

Do counties have to pay daily jail costs for inmates who cannot stand trial?
No. Under SB 975, counties and municipalities are not required to pay the daily cost for any inmate who has been found to lack the requisite .
How is the daily inmate cost calculated for counties?
The base per day rate is $54.48 and is adjusted annually by the State Budget Office using the most recent three fiscal years of operating costs. Counties pay tiered rates based on their pro rata share of inmate days.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in Senate committee.

Procedural history

4 actions
  1. Feb 17, 2026SenateCommittee
    To Government Organization
  2. Feb 17, 2026SenateIntroduced
    Introduced in Senate
  3. Feb 17, 2026SenateCommittee
    To Government Organization then Finance
  4. Feb 17, 2026SenateIntroduced
    Filed for introduction

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Connected Entities

Regional Jail and Correctional Facility Authority, State Budget Office, Division of Corrections and Rehabilitations and 1 more
OrganizationRegional Jail and Correctional Facility Authority“Facility authority previously administering special revenue funds”Map →
OrganizationState Budget Office“Office tasked with examining operating costs for jail facilities”Map →
OrganizationDivision of Corrections and Rehabilitations“Division operating regional jail facilities and maintaining webpage notices”Map →
PersonRupie Phillips“Senator sponsoring Senate Bill 975”Map →

Sources

Open source document

www.wvlegislature.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 60)
  • Controversy20
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz15
    Current news / social attention level

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