ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 122
(Senators Plymale, Jones, Helmick, Brackenrich,
Yoder, Walker, Wagner and Boley, original sponsors)
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[Passed April 10, 1993; in effect ninety days from passage.]
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AN ACT to amend and reenact sections nine and ten, article
twenty, chapter thirty-one of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the purpose, powers and duties of the jail and correctional
facility standards commission and to the collection of
revenues by the regional jail and correctional facilities
development fund; requiring the commission to prescribe
standards for the maintenance and operation of correctional
facilities, county and regional jails; providing that the
standards serve as guidelines only for certain jail
facilities; requiring the commission to promulgate
implementing rules; requiring the commission to develop a
review process for facility standards; requiring periodic
reports; requiring the commission to maintain county jails
after a regional jail becomes available; setting guidelines
for the charge and collection of revenues by the regional
jail and correctional facilities development fund; directing
the commission to permit and implement double bunking of
inmates; and limiting charges assessed a county to one day
per each twenty-four-hour period of inmate incarceration.
Be it enacted by the Legislature of West Virginia:
That sections nine and ten, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
§31-20-9. Purpose, powers and duties.
(a) The purpose of the commission is to assure that proper
minimum standards and procedures are developed for jail, work
farm and correctional facility operation, maintenance and
management of inmates for correctional facilities, regional jails
and local jail facilities used as temporary holding facilities.
In order to accomplish this purpose, the commission shall:
(1) Prescribe standards for the maintenance and operation of
correctional facilities and county and regional jails. The
standards shall include, but not be limited to, requirements
assuring adequate space, lighting and ventilation; fire
protection equipment and procedures; provision of specific
personal hygiene articles; bedding, furnishings and clothing;food services; appropriate staffing and training; sanitation,
safety and hygiene; isolation and suicide prevention; appropriate
medical, dental and other health services; indoor and outdoor
exercise; appropriate vocational and educational opportunities;
classification; inmate rules and discipline; inmate money and
property; religious services; inmate work programs; library
services; visitation, mail and telephone privileges; and other
standards necessary to assure proper operation:
Provided, That
the standards as developed for the construction, operation and
maintenance of jails shall only apply to facilities completed
after the fifth day of April, one thousand nine hundred
eighty-eight, and that the standards shall serve only as
guidelines for any jail facility in operation prior to that date:
Provided, however, That the commission shall establish standards
and procedures permitting and implementing in such facilities the
double bunking of inmates in all appropriate cases to the extent
that such a practice does not violate federal law.
(2) Promulgate the rules pursuant to the provisions of
chapter twenty-nine-a of this code as are necessary to implement
the provisions of this article, including, without limitation,
minimum jail, work farm and correctional facility standards which
shall be promulgated on or before the first day of July, one
thousand nine hundred eighty-six.
(3) Develop a process for reviewing and updating the jail,
work farm and correctional facility standards pursuant to the
provisions of chapter twenty-nine-a of this code as may be
necessary to assure that they conform to current law.
(4) Report periodically to the authority to advise and
recommend actions to be taken by the authority to implement
proper minimum jail, work farm and correctional facility
standards.
(b) Notwithstanding any other provision of this code to the
contrary, any county commission providing and maintaining a jail
on the effective date of this article shall not be required to
provide and maintain a jail after a regional jail becomes
available pursuant to the provisions of article twenty, chapter
thirty-one of this code, unless the county commission determines
that such a facility is necessary:
Provided, That the county
commission may provide and maintain a holding facility which
complies with the standards set forth for such holding facilities
in legislative rules promulgated by the jail and correctional
facility standards commission or its predecessor, the jail and
prison standards commission.
§31-20-10. Regional jail and correctional facility development
fund.
(a) The regional jail and correctional facility development
fund is hereby created and shall be a special account in the
state treasury. The fund shall operate as a revolving fund
whereby all appropriations and payments thereto may be applied
and reapplied by the authority for the purposes of this article.
Separate accounts may be established within the special account
for the purpose of identification of various revenue resources
and payment of specific obligations.
(b) Revenues deposited into the fund may be used to makepayments of interest and may be pledged as security for bonds,
security interests or notes issued by the authority pursuant to
this article.
(c) Whenever the authority determines that the balance in
the fund is in excess of the immediate requirements of this
article, it may request that such excess be invested until
needed. In such case such excess shall be invested in a manner
consistent with the investment of the temporary state funds.
Interest earned on any money invested pursuant to this section
shall be credited to the fund.
(d) If the authority determines that funds held in the fund
are in excess of the amount needed to carry out the purposes of
this article, it shall take such action as is necessary to
release such excess and transfer it to the general fund of the
state treasury.
(e) The fund shall consist of the following:
(1) Amounts raised by the authority by the sale of bonds or
other borrowing authorized by this article;
(2) Moneys collected and deposited in the state treasury
which are specifically designated by acts of the Legislature for
inclusion into the fund;
(3) Contributions, grants and gifts from any source, both
public and private, which may be used by the authority for any
project or projects;
(4) All sums paid by the counties pursuant to subsection (h)
of this section; and
(5) All interest earned on investments made by the statefrom moneys deposited in this fund.
(f) The amounts deposited in the fund shall be accounted for
and expended in the following manner:
(1) Amounts raised by the sale of bonds or other borrowing
authorized by this article shall be deposited in a separate
account within the fund and expended for the purpose of
construction and renovation of correctional facilities and
regional jails for which need has been determined by the
authority;
(2) Amounts deposited from all other sources shall be
pledged first to the debt service on any bonded indebtedness or
other obligation incurred by borrowing of the authority;
(3) After any requirements of debt service have been
satisfied, the authority shall requisition from the fund such
amounts as are necessary to provide for payment of the
administrative expenses of this article;
(4) The authority shall requisition from the fund after any
requirements of debt service have been satisfied such amounts as
are necessary for the maintenance and operation of the
correctional facilities or regional jails or both that are
constructed pursuant to the plan required by this article and
shall expend such amounts for such purpose. The fund shall make
an accounting of all amounts received from each county by virtue
of any filing fees, court costs or fines required by law to be
deposited in the fund and amounts from the jail improvement funds
of the various counties. After the expenses of administration
have been deducted, the amounts expended in the respectiveregions from such sources shall be in proportion to the
percentage the amount contributed to the fund by the counties in
each region bears to the total amount received by the fund from
such sources;
(5) Notwithstanding any other provisions of this article,
sums paid into the fund by each county pursuant to subsection (h)
of this section for each inmate shall be placed in a separate
account and shall be requisitioned from the fund to pay for the
costs specified in that subsection incurred at the regional jail
facility at which each such inmate was incarcerated; and
(6) Any amounts deposited in the fund from other sources
permitted by this article shall be expended in the respective
regions based on particular needs to be determined by the
authority.
(g) After a regional jail facility becomes available
pursuant to this article for the incarceration of inmates, each
county within the region shall incarcerate all persons whom the
county would have incarcerated in any jail prior to the
availability of the regional jail facility in the regional jail
facility except those whose incarceration in a local jail
facility used as a local holding facility is specified as
appropriate under the standards and procedures developed pursuant
to section nine of this article and who the sheriff or the
circuit court elects to incarcerate therein.
(h) When inmates are placed in a regional jail facility
pursuant to subsection (g) of this section, the county shall pay
into the regional jail and correctional facility development funda cost per day for each inmate so incarcerated to be determined
by the regional jail and correctional facility authority
according to criteria and by procedures established by
regulations pursuant to article three, chapter twenty-nine-a of
this code to cover the costs of operating the regional jail
facilities of this state to maintain each such inmate which costs
shall not include the cost of construction, acquisition or
renovation of said regional jail facilities:
Provided, That each
regional jail facility operating in this state shall keep a
record of the date and time of the incarceration of an inmate,
and a county may not be charged for a second day of incarceration
for an individual inmate until that inmate has remained
incarcerated for more than twenty-four hours. Thereafter, in
cases of continuous incarceration, subsequent per diem charges
shall be made upon a county only as subsequent intervals of
twenty-four hours pass from the original time of incarceration.