HB 2737 Text

H. B. 2737

          (By Delegates Gearheart, Householder, Howell, Ellington, Overington, Sumner, D. Evans and Ambler)

          [Introduced February 26, 2013; referred to the
          Committee on the Judiciary then Finance.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4, §62-11F-5, §62-11F-6 and §62-11F-7, all relating to creating a pilot work/incarceration prison; providing a short title; providing for offenders who are eligible to participate; establishing one work/incarceration prison; authorizing the Division of Corrections to propose rules for the operation and reporting of the work/incarceration prison; providing for a reduction in the sentence of an offender sentenced to the work/incarceration prison; providing that a serious violation of the rules result in an additional sentence; appropriations; providing for the admittance of offenders from other counties; and providing for the evaluation of the work/incarceration prison.
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 article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4, §62-11F-5, §62-11F-6 and §62-11F-7, all to read as follows:
ARTICLE 11F. WORK/INCARCERATION ACT (PILOT).
§62-11F-1. Short title.
_____This article may be cited as the "Work/Incarceration Act."
§62-11F-2. Application.
_____This article applies to adult offenders that have not been convicted of a crime of violence or sex related offense. The article also applies only to offenders sentenced to two years incarceration or less.
§62-11F-3. Limitations.
_____This article allows one county to receive approval to establish a work/incarceration prison. Those counties interested in establishing such a facility must develop a plan and submit the plan to the Division of Corrections for review and approval. The Division of Corrections shall propose rules of operation and reporting for this work/incarceration prison for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code.
§62-11F-4. Provisions.
_____(a) An offender may be any person meeting the application standards set forth in section two of this article, who is sentenced to the work/incarceration prison by a magistrate or a circuit judge. Offenders are eligible for a twenty percent reduction in their sentence for participation in the work/incarceration program, but must maintain complete adherence to rules of conduct as established by the Division of Corrections.
_____(b) An offender sentenced to the work/incarceration prison by a magistrate or circuit judge, who commits any serious violation of the rules of conduct as established by the Division of Corrections, shall be transferred to a correctional facility with an additional year added to that offender's original sentence.
_____(c) The work/incarceration prison superintendent may reject any offender from admittance and may remove any offender from the work/incarceration prison population for cause, as established by rules established by the Division of Corrections. If admittance is disallowed or if the offender is removed, alternative sentencing shall be provided by the proper judicial authority.
§62-11F-5. Appropriations.
_____The Legislature should appropriate $500,000 to the county establishing the initial work/incarceration prison for the initial expense of establishment of the work/incarceration prison. The plan submitted to the Division of Corrections for approval, as provided in section three of this article, should include means and methods of making the work/incarceration prison self-sustaining utilizing work product and service from the offenders in the work/incarceration prison.
§62-11F-6. Admittance of offenders from other counties.
_____The county establishing the work/incarceration prison may allow at its option offenders from other counties to be incarcerated and may charge a fee equal to fifty percent of that charged by the Regional Jail Authority to house prisoners.
§62-11F-7. Evaluation.
_____The Division of Corrections shall monitor and evaluate the work/incarceration prison to determine effectiveness, efficiency, and potential for expansion into other counties and report to the Legislature annually.

     NOTE: The purpose of this bill is to create a Work/Incarceration Prison pilot program. The bill establishes guidelines for what offenders may be sentenced to the program. The bill provides for the establishment of one work/incarceration prison. The bill further provides that the Division of Corrections shall propose rules of operation and reporting. The bill provides that an offender sentenced to the work/incarceration prison is eligible for a reduction in their sentence. The bill also provides that an offender who is sentenced to the work/incarceration prison but commits a serious violation of the rules shall be sent to a correctional facility and have an additional year added on to their original sentence. The bill provides for an appropriation from the Legislature for the establishment of the work/incarceration prison. The bill also allows for offenders from other counties to be accepted into the work/incarceration prison. The bill further provides for an annual evaluation of the work/incarceration prison to be submitted to the Legislature.

     This article is new; therefore, it has been completely underscored.

Print On Demand