Randy Swartzmiller - District 1 | ACLU West Virginia

Please provide some basic information about yourself.

Name Randy Swartzmiller

Office Sought State Senate First District

City/Town Chester

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

Review low crime offenders records for early release. Also quit throwing everyone in jail for low crime offenses.

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?

Support on some levels but it needs to be on larger cases and there needs to be a conviction.

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?

There could be a bracelet program until trail comes up.

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?

We should strive to keep as many as our citizens in state as possible. This can be achieved by increasing facility beds in the state.

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

Mail in ballots may help

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 have supported it but it needs to be basic in nature

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 it, no one should be discriminated against

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?

As long as we have decent facilities/placement for them, many of these people are displaced at no fault of their own we should be trying to help.

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