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Committee Substitute House Bill 2523 History

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HB2523 SUB
COMMITTEE SUBSTITUTE

FOR

H. B. 2523

(By Delegates Perry, Pino, Long, Tabb,

Hrutkay and Armstead)

( Originating in the Committee on the Judiciary)


[March 8, 2005]


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-9c, relating to making it a crime for released inmates to contact correctional employees and requiring that inmates be advised of such prohibition upon release.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-2-9c, to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9c. Unlawful contact with a Department of Corrections employee.

(a) Upon release from incarceration, any inmate at a jail or prison may not contact employees of the Department of Corrections without their written consent unless otherwise required by law, which consent shall be obtained through the Commissioner of Corrections. Any person violating this section is guilty of a misdemeanor and, upon conviction thereof, shall, for a first offense, be fined not more than five hundred dollars. Any person violating this section for a second offense shall be imprisoned not less than ten days nor more than ninety days, or both fined and imprisoned.
(b) Upon release from incarceration, an inmate is to be advised of the prohibition on contact with employees of the Department of Corrections provided in subsection (a) of this section and such inmate must sign an acknowledgment that he or she has been advised of the provisions of subsection (a).



NOTE: The purpose of this bill is to make it a misdemeanor for a former inmate to contact any employee of the Department of Corrections and to provide that they be advised of such prohibition upon release.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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