House Bill 3491, introduced in the West Virginia State Legislature on March 18, 2025, aims to reform the management and financial responsibilities associated with the incarceration of individuals in county and municipal jails. The bill seeks to address the growing concerns over the costs incurred by counties for housing inmates, particularly those awaiting trial or convicted of misdemeanors.

Key provisions of House Bill 3491 include the authorization for circuit and magistrate courts to detain individuals arrested or charged with a crime for up to 96 hours and to commit convicted individuals for a maximum of 14 days in local jails. The bill stipulates that counties and municipalities will be responsible for daily costs associated with inmate housing, which are set at a base rate of $54.48 per day, subject to annual adjustments based on operational costs. Notably, the bill outlines a tiered payment structure where counties will pay varying rates depending on their share of total billed inmate days.

The legislation has sparked debates among lawmakers and local officials regarding the financial implications for counties, particularly those with limited budgets. Critics argue that the bill may place an undue financial burden on smaller counties, while supporters contend that it provides a necessary framework for managing jail costs more effectively. Amendments proposed during discussions have focused on adjusting the per diem rates and clarifying the responsibilities of counties in relation to pretrial and convicted inmates.

The economic implications of House Bill 3491 are significant, as it could lead to increased costs for counties that exceed their pro rata share of inmate days. This could strain local budgets and potentially lead to cuts in other essential services. Socially, the bill aims to streamline the incarceration process, which may improve conditions for inmates awaiting trial and reduce overcrowding in jails.

As the bill progresses through the legislative process, its future remains uncertain. Experts suggest that if passed, it could set a precedent for how inmate housing costs are managed in West Virginia, potentially influencing similar legislation in other states. The ongoing discussions will likely shape the final version of the bill, as lawmakers seek to balance fiscal responsibility with the need for effective criminal justice reform.