Douglas Smith - District 27 | ACLU West Virginia

Please provide some basic information about yourself.

Name Douglas Smith

Office Sought WV House of Delegates, District-27

City/Town Princeton, WV

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

Better reforms to improve accessibility for substance abuse and mental health treatment to enable better rehabilitation.

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 support the practice so long as the seizing agency proves that the property was used to commit a crime or the property was unlawfully obtained. Reforms could include, stricter reporting requirements on the seizing agency, property must be held and not used or sold until the case is closed. Look at changing laws to allow court appointed attorney to represent those who do not have the money to hire representation if they were not convicted or charges were not brought against them.

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?

The bail system forces accountability and should always be used for violent crime. First time non-violent offenses should be provided a reduced bail or released on their "own recognizance". Repeat offenders do not warrant this privilege.

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?

Adopt "Crossover Youth Practice Model" practices presented by the Center for Juvenile Justice Reform (Georgetown University McCourt School of Public Policy). These practices can focus on prevention and early intervention to reduce the need for out-of-home-placement.

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

Continue DMV voter enrollment. Improve online voter registration. Restore rights for formerly incarcerated, non repeat offenders after a set period of time .

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?

I believe in the separation of church and state when it relates to directed courses. However, I also believe that faith based drug prevention and religious study (Bible, Torah, or Quran) could be allowed as an extracurricular elective like a chess club or glee club.

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?

Oppose, a persons sexual orientation or choice of gender identity is a personal choice they are not inherent physiognomies like race, gender, age, etc. Additionally, when the word "Perceived" is used in these proposed laws it weakens the overall intent. Everyone "perceive's" things differently, such it is with everything in life. No one, regardless of inherent physiognomies, sexual orientation or gender identify should be discriminated against however having a law based on an individuals "perception" is not always based on fact. No two people perceive things the same.

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?

Support so long as they have been vetted and approved by appropriate federal agencies and have been granted legal entry into the U.S.

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?

I do not support abortion as a form of birth control at any time. Although I personally do not like it, I do support abortion when the life of the mother is at stake or in instances of rape or incest.