H. B. 2638
(By Delegates Rodighiero, Barker, Staggers,
Fleischauer, and Eldridge)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §31-20-31 of the Code of West Virginia,
1931, as amended, relating to allowing the Executive Director
of the West Virginia Regional Jail and Correctional Facility
Authority to establish a work program only for qualified
inmates sentenced to a regional jail facility and not
awaiting transfer to a state correctional facility; and
specifying minimum requirements for the program.
Be it enacted by the Legislature of West Virginia:
That §31-20-31 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.
§31-20-31. Work program.
(a) The Executive Director
of the West Virginia Regional Jail
and Correctional Facility Authority is authorized to propose rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to establish
at
each regional jail facility a work program for qualified inmates
sentenced to a regional jail facility and not awaiting transfer to
a state correctional facility, and to establish at each regional
jail facility under his or her jurisdiction an inmate trustee
account. The authority shall establish guidelines and
qualifications to allow
inmates sentenced to a regional jail
facility a qualified inmate to be gainfully employed with local
businesses and governmental entities,
as part of a job program:
including county commissions or other qualified city or county
government agencies, with the consent of the inmate. Provided,
That with regard to an inmate sentenced to the Division of
Corrections that is domiciled at a regional jail facility under the
supervision of the authority, the Commissioner of the Division of
Corrections or designee shall first determine the eligibility of
such inmate for participation in the work program authorized by
this section and consent to such inmate's participation therein A
qualified inmate does not include an inmate convicted of a sexual
offense or a violent felony,
or otherwise known to be a danger to
the general public.
Inmates participating in a work release program pursuant to
this section may be granted up to sixty days of good time and may
be released from incarceration up to sixty days immediately prior to the scheduled completion of their respective sentence or period
of incarceration.
(b) The administrator or designee of each regional jail
facility shall receive and take charge of the money of all inmates
in his or her regional jail and all money sent to the inmates or
earned by the inmates as compensation for work performed under this
section. The administrator or designee shall credit the money and
earnings to the inmate entitled to it and shall keep an accurate
account of all the money so received, which account is subject to
examination by the executive director or designee. The
administrator or designee shall deposit the moneys in one or more
responsible banks in accounts to be designated inmate trustee
account.
(c) For each inmate sentenced to the Division of Corrections
participating in a work program authorized by this section, the
administrator or designee of the regional jail facility shall keep
in an account at least ten percent of all money earned during the
inmate's incarceration and pay the money to the inmate at the time
of the inmate's release. The administrator may authorize the
inmate to withdraw money from his or her mandatory savings for the
purpose of preparing the inmate for reentry into society.
(d) An inmate who works in work programs established under
this section shall make reimbursement to the authority toward the
cost of his or her incarceration to be credited to the agency billed for that incarceration.
Provided, That Prior to directing
a qualified inmate to make reimbursement under this section, the
executive director or designee shall consider the following:
(1) The inmate's ability to pay;
(2) The nature and extent of the inmate's responsibilities to
his or her dependents, if any;
(3) The length of probable incarceration under the court's
sentence; and
(4) The effect, if any, that reimbursement might have on the
inmate's rehabilitation.
(e)(1) The administrator shall deduct from the earnings of
each qualified inmate legitimate court-ordered financial
obligations including, but not limited to, child support payments,
liens and any other court-ordered financial obligation. The
executive director shall develop a policy that outlines the formula
for the distribution of the qualified inmate's income and the
formula shall include a percentage deduction, not to exceed forty
percent in the aggregate, for any court ordered victim restitution,
court fees and child support obligations owed under a support
order, including an administrative fee not to exceed one dollar,
consistent with the provisions of subsection (c), section four,
article fourteen, chapter forty-eight, to support the authority's
administration of this financial service.
(2) In the event that the qualified inmate's income is subject to garnishment for child support enforcement deductions, it shall
be calculated on the net wages after taxes, legal financial
obligations and garnishment.
Provided, That However, nothing in
this section limits the authority of the Bureau for Child Support
Enforcement of the Department of Health and Human Resources from
taking collection action against an inmate's moneys, assets or
property.
(f) The administrator or designee of a regional jail facility,
upon request of an inmate to release funds, on behalf of the family
of the inmate, may authorize the release of funds up to one half of
the money earned by the inmate participating in a work program as
authorized by this section
Provided, That if the court-ordered
financial obligations provided in subsection (e) of this section
and other fees owed by the inmate including, but not limited to,
the costs of incarceration and any restitution for facility rule
infractions, have been paid. The remainder of the money earned,
after deducting amounts expended as authorized, shall be
accumulated to the credit of the inmate and be paid to the inmate
at times as may be prescribed by rules. The funds so accumulated
on behalf of inmates shall be held by the administrator or designee
of each institution under a bond approved by the Attorney General.
(g) The administrator or designee shall deliver to the inmate
at the time he or she leaves the regional jail facility, or as soon
as practicable after departure, moneys and earnings then credited to the inmate.
Provided, That However, if an inmate is transferred
to the physical custody of the Commissioner of the Division of
Corrections, as defined in section two of this article, at the time
he or she leaves the regional jail facility, the administrator or
designee shall deliver moneys and earnings then credited to the
inmate to the Commissioner of the Division of Corrections for
administration in accordance with the provisions of section
three-a, article one, chapter twenty-five. In case of the death of
the inmate before authorized release from the regional jail
facility, the administrator or designee shall deliver the property
to the inmate's lawful representative. In case a conservator is
appointed for the inmate while he or she is domiciled at the
regional jail facility, the administrator shall deliver to the
conservator, upon proper demand, all moneys and personal property
belonging to the inmate
that are in the custody of the
administrator.
(h) The executive director shall propose rules for legislative
approval in accordance with article three, chapter twenty-nine-a of
this code to administer and establish the work programs authorized
by this section.
(i) Notwithstanding any provision of this code to the
contrary, the county commission, its members and agents, the
Executive Director of the West Virginia Regional Jail and
Correctional Facility Authority or designee its members or agents, the sheriff, his or her deputies, correctional officers and agents
shall be immune from all liability of any kind except for accident,
injury or death resulting directly from gross negligence or
malfeasance.
NOTE: The purpose of this bill is to allow the Executive
Director of the West Virginia Regional Jail and Correctional
Facility Authority to establish a work program for qualified
inmates sentenced to a regional jail facility. It includes
provisions specifying minimum requirements for the program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.