COMMITTEE SUBSTITUTE
FOR
H. B. 2419
(By Delegates Perry, Boggs, Morgan, Ellem and Webster)
(Originating in the House Committee on the Judiciary)
[February 18, 2009]
A BILL to amend and reenact §31-20-5d of the Code of West Virginia,
1931, as amended, relating to providing certain inmates a
reduction in sentence for successful completion of education
and rehabilitation programs.
Be it enacted by the Legislature of West Virginia:
That §31-20-5d of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-5d. Good time credit.
(a) Any person convicted of a criminal offense and sentenced
to confinement in a
county or regional jail is to be granted
commutation from reduction of his or her sentence for good conduct
in accordance with this section.
(b) The
commutation reduction of sentence or good time is to
be deducted from the fixed term of determinate sentences. An inmate under two or more consecutive sentences is allowed good time
as if the several sentences, when the maximum terms thereof are
added together, were all one sentence.
(c) Every inmate sentenced to a regional jail for a term of
confinement exceeding six months who, in the judgment of the
administrator of the regional jail facility, faithfully complies
with all rules
and regulations of the regional jail during his or
her term of confinement is entitled to a deduction of five days
from each month of his or her sentence. No inmate may be granted
any good time under the provisions of this section for time spent
on bond or for time served on parole or in any other status in
which he or she is not physically incarcerated.
(d) Each inmate sentenced to a term of confinement in a
county
or regional jail facility who participates in a general equivalency
diploma program is to be granted three days of good time for the
completion of each educational literacy level, as demonstrated by
achieving a passing score on standardized tests required by the
Department of Education, and ten days of good time for completion
of the requirements for a general equivalency diploma or high
school diploma.
(e) Each inmate sentenced to a term of confinement in a
regional jail in excess of six months shall be granted one day of
good time for successful completion of each of the following
rehabilitation programs: Domestic violence, parenting, substance
abuse, life skills, and anger management or any special
rehabilitation or educational program designated by the executive director. A maximum of five days good time shall be granted for
successful completion of five programs.
(e) (f) The
sheriff or administrator of a regional jail
facility may, with the approval of the Governor, allow extra good
time for inmates who perform exceptional work or service.
(f) (g) The Regional Jail and Correctional Facility Authority
shall promulgate disciplinary rules for the regional jail
facilities. The rules are to describe prohibited acts, procedures
for charging individual inmates for violations of the rules and for
determining the guilt or innocence of inmates charged with the
violations, and sanctions that may be imposed for the violations.
Each sheriff who is responsible for operating a county jail may
adopt the rules promulgated by the Regional Jail and Correctional
Facility Authority. For each violation by an inmate, any part or
all of the good time that has been granted to the inmate may be
forfeited and revoked by the
sheriff or administrator of the
regional jail facility. The administrator, when appropriate and
with approval of the executive director
or the sheriff may restore
any good time forfeited for a violation of the rules promulgated or
adopted pursuant to this subsection.
(g) (h) Each inmate sentenced to a term of confinement in a
county or regional jail in excess of six months shall, within
seventy-two hours of being received into a
county or regional jail,
be given a copy of the disciplinary rules, a statement setting
forth the term or length of his or her sentence or sentences, and
the time of his or her minimum discharge.
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