H. B. 2128
(By Delegates Perry, Pino, Leach and Michael)
[Introduced February 9, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §31-20-29, relating
to authorizing the Executive Director of the Regional Jail and
Correctional Facility Authority to establish an inmate
furlough program and providing civil immunity.
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 §31-20-29, to read as
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
§31-20-29. Furlough program.
(a) The Executive Director, or his or her designee, is
authorized to establish a furlough program to be made a part of the
Authority?s policies and procedures manual. The program may include, but is not limited to, granting furloughs or special
escorts for specified inmates under the Authority's control and
custody to attend funerals or make hospital visits to terminally
ill family members.
(b) The Executive Director shall establish criteria to be used
in determining which inmates are not likely to jeopardize public
safety and should be granted a furlough or a special escort through
this program. The Executive Director is authorized to establish
any other guidelines he or she considers necessary to administer
the program and to ensure public safety, including, but not limited
(1) Guidelines relating to eligibility for consideration,
restrictions, conditions and procedures; and
(2) The family relationship an inmate must have with the
deceased or terminally ill individual in order to qualify for
consideration for a furlough.
(c) (1) The Regional Jail and Correctional Facility Authority,
its members, Executive Director and employees of the Authority are
immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused or arising out
of any actual or alleged act of an inmate while on a furlough
granted under this section.
(2) The immunity from suit and liability provided in this subsection does not extend to liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton
misconduct of any person identified in subdivision (1) of this
NOTE: The purpose of this bill is to authorize the Executive
Director of the West Virginia Regional Jail and Correctional
Facility Authority to establish an inmate furlough program.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
This bill was recommended for introduction and passage during
the 2005 legislative session by the Legislative Oversight Committee
on the Regional Jail and Correctional Facility Authority.