H. B. 2253
(By Delegates Caputo, Perdue, Tucker and Stalnaker)
[Introduced January 16, 2007; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §31-20-27 of the Code of West Virginia,
1931, as amended, relating to Regional Jail and Correctional
Facility Authority employees; and requiring classified service
designation for certain employees of the regional jails and
the Northern Regional Jail and Correctional Facility.
Be it enacted by the Legislature of West Virginia:
That section §31-20-27 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.
§31-20-27. Employees of Regional Jail Authority; priority of
hiring; civil service coverage.
(a) Notwithstanding any provision of this code to the
contrary, the authority, when employing correctional officers
hiring employees to complete the approved staffing plan of a regional jail completed after the effective date of this section,
shall employ any correctional officer applying for a position as a
correctional officer at a regional jail who was employed in good
standing at a county jail facility in the region at the time of its
closing or at a prison facility operated by the division of
corrections: Provided, That the regional jail is located within
the same region as the prison facility that was closed due to
relocation of the prison facility to a site outside the region.
Only those correctional officers, who are employees in good
standing at the time the prison facility is closed, are eligible
for transfer under the provisions of this subsection. Correctional
officers, employed under the provisions of this subsection, shall
be employed shall do so at a salary and with benefits consistent
with the approved plan of compensation of the division of
personnel, created under section five, article six, chapter
twenty-nine of this code. All correctional officers persons
employed under this subsection shall also be covered by
the
policies and procedures of the education and state employees
grievance board, created under section five, article six-a, chapter
twenty-nine of this code. and the classified-exempt service
protection policies of the division of personnel
(b) The authority shall, when employing correctional officers
to fill positions within the approved staffing plan of any regional
jail, employ any correctional officer applying for a position as a correctional officer at a regional jail who was previously employed
as a correctional officer in good standing at any local jail
facility: Provided, That the local jail facility is located within
the same region as the regional jail at the time of the local jail
facility's closing or reduction in size and was reduced in size or
closed prior to or due to the completion of the regional jail
within the region. Correctional officers Persons employed under
the provisions of this subsection, shall be employed at a salary
and with benefits consistent with the approved plan of compensation
of the division of personnel, created under section five, article
six, chapter twenty-nine of this code. Only those county
correctional officers who are employees in good standing at the
time the local jail facility is closed are eligible for transfer
under the provisions of this subsection. All correctional officers
All persons employed under this subsection shall also be covered by
the policies and procedures of the education and state employees
grievance board created under section five, article six-a, chapter
twenty-nine of this code. and the classified-exempt service
protection of the division of personnel
(c) Notwithstanding any other provision of this code to the
contrary, on and after the first day of July, two thousand eight,
any person then employed or to be employed by the Regional Jail and
Correctional Facility Authority, except the executive director
appointed pursuant to section four, article twenty, chapter thirty-one of this code, shall, within the limitations contained in
section two, article six, chapter twenty-nine of this code, be
placed in the civil service system as a covered employee.
NOTE: The purpose of this bill is to provide that, on and
after July 1, 2008, correctional officers employed by the Regional
Jail and Correctional Facility Authority and the Northern Regional
Jail and Correctional Facility be transferred into the civil
service system as covered employees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.