(By Delegates Perry, Pino, Long, Tabb,
Hrutkay and Armstead)
February 21, 2005
; referred to the
Committee on the Judiciary.]
Be it enacted by the Legislature of West Virginia:
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-9c, relating to
making it a crime for released inmates to contact correctional
employees and requiring that inmates be advised of such
prohibition upon release.
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-9c, to read as
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9c. Unlawful contact with a Department of Corrections
(a) Upon release from incarceration, any inmate at a jail or
prison may not contact employees of the Department of Corrections
without their written consent unless otherwise required by law.
Any person violating this section is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five hundred
dollars, or imprisoned in jail for not less than ten days nor more than ninety days, or both fined and imprisoned.
(b) Upon release from incarceration, an inmate is to be
advised of the prohibition on contact with employees of the
Department of Corrections provided in subsection (a) of this
section and such inmate must sign an acknowledgment that he or she
has been advised of the provisions of subsection (a).
NOTE: The purpose of this bill is to make it a misdemeanor for
a former inmate to contact any employee of the Department of
Corrections and to provide that they be advised of such prohibition
This section is new; therefore, strike-throughs and
underscoring have been omitted.