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Introduced Version House Bill 2497 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2497


(By Delegates Coleman, Stemple and Cann)

[Introduced February 23, 2001; referred to the

Committee on the Judiciary.]





A BILL to amend and reenact sections one and twelve, article five, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections three and four, article fifteen of said chapter, all relating to making the state convict road force mandatory; how it is to be used; work that may be performed by convicts other than on state road force; and county convict forces.

Be it enacted by the Legislature of West Virginia:
That sections one and twelve, article five, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that sections three and four, article fifteen of said chapter be amended and reenacted, all to read as follows:
ARTICLE 5. STATE CONVICT ROAD FORCE.

§17-5-1. State convict road force; how used.

All male or female persons convicted of felony and sentenced to imprisonment or confinement in the penitentiary state correctional facility by any court, or who may hereafter be sentenced for a felony, whether actually sentenced to labor or not, or so many thereof as may be required by the state road commissioner, shall, as incident to such the sentence or confinement, constitute the state convict road force and as such may shall be employed under the supervision of the state road commissioner in building, surfacing and maintaining roads under the supervision of the state road commissioner, including all roads in the state road system, and in and about any quarries, gravel pits, sandbanks, crushers, brick kilns or other plants and places operated by the state road commission for the manufacture and acquisition of materials for use in the construction, maintenance and repair of such the roads.
§17-5-12. Work which may be performed by convicts other than on state road force.

Convicts of either sex not employed in the state convict road force as provided by article five, chapter seventeen, may shall be employed by the warden under the directions of the state commissioner of public institutions in work for the state penitentiary correctional facility or any farm now or hereafter under control of the state and in work for any public, nonprofit enterprise or program sponsored by the state or any of its governmental subdivisions, but such convicts actually confined within the penitentiary state correctional facility and not available for outside work shall as far as possible, be used in the making of articles required by the state departments and institutions. The warden may charge the various state departments and institutions for such convict-made supplies the actual costs of the materials used in the manufacture of the articles furnished them and, in addition thereto, an amount sufficient to defray the maintenance cost of the prisoners employed in such this manufacture and to keep in repair with suitable replacements the machinery, tools and appliances used in the manufacture of such these articles, to the extent of the fair market price thereof, the amount of which shall be stated by the state commissioner of public institutions. Any articles and supplies so manufactured and not required by the state departments and institutions may be sold by the warden to municipalities and counties and the agencies thereof, or to federal agencies, upon the same terms and conditions, but in no event shall such may these articles be sold to private persons, firms or corporations, or be sold or consumed otherwise than by public departments and institutions of government.
This article shall does not impair any contracts now existing between the state commissioner of public institutions and any person, firm or corporation for the use of convict labor for manufacturing within the walls of the penitentiary state correctional facility, nor prevent the hiring of convicts either within or without the walls as otherwise provided by this article.
ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§17-15-3. County commission to provide for working of prisoners; methods of discipline, etc.; working prisoners outside county.

The county court may commission shall provide for the working of prisoners, and shall provide for their safekeeping while working, and to this end the border lines of the county shall constitute and be considered the walls of the jail, and the representative of the county court commission having such this work in charge is authorized to shall adopt safe and humane methods of discipline and protection to enforce the provisions of this article and to prevent the escape of the prisoners.
A county court shall commission may not employ prisoners outside the county where they are convicted or imprisoned except on the same terms and conditions and under the same rules and regulations as govern their employment within the county in which they were convicted.
§17-15-4. Work by prisoners; relief of sheriffs and others from liability for injuries, etc.

(a) Any person convicted of a criminal offense and sentenced to confinement in a county or regional jail, shall as incident to such a sentence of confinement, be is required to perform labor within the jail, as a trustee or otherwise, or in and upon the buildings, grounds, institutions, roads, bridges, streams or other public works of the county or the area within which the regional jail is located if he or she meets the following criteria:
(1) Such person Is at least eighteen years of age;
(2) Such person Is physically and mentally sound and has not been exempted for medical reasons from such work by a licensed physician or other medical professional; and
(3) Such person Is deemed considered by the county commission, the sheriff or the regional jail commission not to pose a threat to the community if released for work purposes.
(b) The work described in the subsection (a) of this section shall be performed under the supervision, care and custody of the county commission, the regional jail commission, the sheriff, his or her deputies, correctional officers or other person charged with inmate supervision to perform maintenance or control litter in this state.
(c) In order to effectuate the provisions of this section the county commission, the sheriff or the regional jail commission shall promulgate rules and regulations for the safe and useful employment of inmate labor.
(d) Notwithstanding any provision of this code to the contrary, the county commission, its members and agents, the regional jail commission, its members or agents, the sheriff, his or her deputies, correctional officers and agents shall be are immune from liability of any kind for accidents, injuries or death to such an inmate except for accident, injury or death resulting directly from gross negligence or malfeasance.
(e) The sheriff of the county in which the work is to be performed, with the approval of the county commission, or the regional jail commission may hire or appoint any personnel necessary for the supervision of inmate labor.
(f) Nothing in this section shall may be construed to allow the use of inmate labor for private projects or as contract employees of for profit businesses.
(g) Any inmate who performs work pursuant to the provisions of this section shall receive as sole and full compensation therefor, a reduction in his or her term of incarceration of not more than twenty-five percent of the original sentence excluding any other statutorily granted "good time." Each eight-hour period of approved work shall entitle entitles an inmate to one day's sentence reduction. Provided, That Any "good time" earned pursuant to the provisions of this section shall be is in addition to any other reduction of sentence the inmate may accumulate.
(h) Any person being held as a detainee or for contempt may voluntarily participate in such the labor as provided for in this section under the terms and conditions hereinbefore set forth.

NOTE: The purpose of this bill is to make the state convict road force mandatory. It also pertains to other work that must be performed by the convict road force, together with work required by prisoners in county or regional jails.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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