Derrick Love - District 12 | ACLU West Virginia

Please provide some basic information about yourself.

Name Derrick W. Love

Office Sought State Senate 12th district

City/Town Horner

From 1980 to 2016 the West Virginia state prison population has increased by 470%. What, if anything, would you change to reverse this trend?

Prison population is out of control. The state has turned to locking its citizens up as a means of state funding. Prison should be the last stop not the first step. Addiction is a health issue not criminal justice issue. The entire state system must be revised. It’s clearly not productive for our society currently .

Civil asset forfeiture is a process where police can seize any property "related" to criminal activity and later can file a civil case to forfeit the property to either be used or auctioned for money which is shared between the police department and local prosecutor. This can happen regardless of whether there is a criminal conviction or even criminal charges brought against a person.Proponents say this is a useful tool for taking ill-gotten gains from criminals and funding police work, and that legal protections adequately prevent abuse of the system.Critics say the system amounts to theft, that many people cannot afford the legal costs to challenge a forfeiture action, and that it creates a perverse incentive for police.Do you support or oppose the practice of civil asset forfeiture? What, if any, reforms would you make to the practice?

I oppose civil asset forfeiture. The state should not enrich its self by these means.

More than half the population of West Virginia's regional jails are pre-trial. That means they haven't been found guilty of any crime yet. Most are there because they could not afford bail, though some are there because they were denied a chance to post bail. What changes, if any would you make to our pretrial and/or bail system to balance concerns about safety and court efficiency with ensuring we are not incarcerating people without due process?

Currently the state has total disregard for due process and time served is meaningless in the state’s calculations. The bail system should be abolished its injustices to the economically vulnerable are indefinite.

In 2015 West Virginia passed significant reforms to the juvenile justice system. Despite these reforms, the State still utilizes out of home placement at a high rate for system-involved youth. What, if anything, should West Virginia do to reduce out-of-home placements for system-involved juveniles?

The juvenile justice system requires a complete overhaul. It’s reflective of social health issues not criminal justice.

West Virginia has a very low voter participation rate. What changes, if any, would you make to increase voter participation?

Vote by mail. Ballots sent to every registered voter will result in higher participation.

Over the past few years, there has been legislation aimed at requiring the Bible to be taught in public schools, allowing a Bible-based elective, or faith-based drug prevention electives. What is your stance on incorporating religion into the public schools?

100% oppose religion in public schools

At least 20 states have passed laws prohibiting discrimination in housing, employment, and public accommodations on the basis of sexual orientation and gender identity. 13 West Virginia municipalities have similar protections. Do you support or oppose a statewide law prohibiting discrimination on the basis of sexual orientation and gender identity in West Virginia? Why?

I support and will offer legislation to prohibit discrimination on the basis of sexual orientation and gender identity. As a gay man I have personally experienced discrimination it’s unacceptable and West Virginia deserves better.

In December 2019, Governor Justice announced that West Virginia would continue accepting refugees. Do you support or oppose accepting refugees in West Virginia? Under what conditions? Why?

Absolutely support refugees in West Virginia our state should be a safe haven.

Q10

Over the past few years, some states have continued to erode protections and access to abortion care. Other states have done the opposite and codified abortion rights that had previously been defined by courts. Do you favor further restrictions to abortion, expanding or codifying abortion rights, or taking no action on abortion?

No action