CHARLESTON — Tackling the entire package of reforms in West Virginia’s criminal code as a potential easing of crowded penal institutions just cannot be achieved in this legislative session, Senate Judiciary Chairman Jeffrey Kessler declared Monday.

Incrementally, however, some steps are moving through the Legislature as efforts to relieve the inmate congestion in state prisons and jails, Kessler said.

His observation came while amending HB4171 that inaugurates a policy of criminogenic risks associated with convicted felons.

The term was new to Majority Leader Truman Chafin, D-Mingo, so Kessler explained the theory is an attempt to identify certain factors to see if a criminal is likely to repeat the offense that produced a prison term, or get involved in another one.

“There are factors that can be employed and have been employed in other states successfully,” Kessler, D-Marshall, told the Senate.

Not only does the program seek to ascertain the likelihood of recidivism, but also to identify programs within an institution that would minimize repeat offenses.

“It seems to be a trend and it does seem to be working,” he told Chafin.

“I think we can help alleviate some of the overcrowding by identifying some of those folks who might benefit early on by appropriate programs within an institution.”

He assured Chafin that steps are in progress to reform the criminal code, as recommended by the West Virginia Law Institute.

“Frankly, that’s part of a larger project than we were able to undertake,” Kessler said.

Some of the ideas advanced by the Law Institute have surfaced in a number of bills, the judiciary chairman said.

“I think for the bigger thing, it’s probably going to take a little more time,” he said.

“We’re going to continue to work on that.”

The criminogenic bill is up for a vote today in the Senate, but another major proposal — the proposed business court division within the Supreme Court — was held over a day.

Senators passed two bills by 31-0 margins.

One updates the rabies vaccination code for dogs and cats, so that inoculations are required every three years, instead.  A booster is needed one year after the initial vaccination, and every two years thereafter.

Another House bill, similar to SB373, sets up a procedure in which a parent, by signing an affidavit, can appoint someone in charge of a minor’s health care when he or she is unavailable. Abortion would be an exception.

Up for a vote in today’s session is a House bill that requires insurance requiring firms paying black lung benefits to a miner’s widow to send out a notification of potential additional money beyond the customary 104 weeks, a notice the first week and again six months before the final one is drawn.

Senators also passed a resolution recognizing this as “National Problem Gambling Awareness Week in West Virginia.”

— E-mail: mannix@register-herald.com