H. B. 2991
(By Delegates Perry, Leach, Miley, Pino,
Roberts and Michael)
[Introduced
March 11, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-5-8 of the Code of West Virginia,
1931, as amended, relating to adults and juveniles in custody
or confinement; providing criminal penalties for aiding
escape; specifying items that are unlawful to deliver to or be
possessed by individuals in custody or confinement; providing
criminal penalties for
possession of certain items
by adults
or juveniles in custody or confinement
in a jail, state
correctional facility, juvenile facility or juvenile detention
center
; providing criminal penalties for
transporting certain
items
onto the grounds of a jail, state correctional facility,
juvenile facility or juvenile detention center
; and providing
definitions.
Be it enacted by the Legislature of West Virginia:
That §61-5-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-8. Aiding escape and other offenses relating to adults and
juveniles in custody or confinement; penalties.
(a) Where any adult or juvenile is lawfully detained in
custody or confinement in any
county or regional jail, state
correctional facility, juvenile facility or juvenile detention
center, if any other person
shall deliver delivers anything into
the place of custody or confinement of the adult or juvenile with
the intent to aid or facilitate the adult's or juvenile's escape or
attempted escape therefrom, or if the other person
shall forcibly
rescue or attempt forcibly rescues or attempts to rescue an adult
or a juvenile therefrom, the other person is guilty of a felony
and, upon conviction thereof, shall be confined in a state
correctional facility not less than one nor more than ten years.
(b) Where any adult or juvenile is lawfully detained in
custody or confinement in any
county or regional jail, a state
correctional facility or a juvenile facility or juvenile detention
center, if any other person
shall deliver delivers any money or
other thing of value, any written or printed matter, any article of
merchandise, food or clothing, any medicine,
telecommunication
device, utensil or instrument of any kind to
such the adult or
juvenile without the express authority and permission of the
supervising officer and with knowledge that
such the adult or
juvenile is lawfully detained,
such the other person is guilty of
a misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars and confined
in
the county or regional jail not less than three nor more than
twelve months:
Provided,
That the provisions of this section do
not prohibit an attorney or his or her employees from supplying any written or printed material to an adult or juvenile which pertains
to that attorney's representation of the adult or juvenile.
(c) If any person transports any alcoholic liquor,
nonintoxicating beer, poison, explosive, firearm or other
implement
of escape,
dangerous material, or deadly weapon or any controlled
substance as defined by chapter sixty-a of this code onto the
grounds of any county or regional jail, state correctional
facility, juvenile facility or juvenile detention center within
this state and is unauthorized by law to do so, or is unauthorized
by the persons supervising the facility, such the person is guilty
of a felony and, upon conviction thereof, shall be fined not less
than one thousand nor more than five thousand dollars or confined
in a state correctional facility not less than two years nor more
than ten years, or both, or, in the discretion of the court, be
confined in the county or regional jail not more than one year and
fined not more than five hundred dollars.
(d) If any person delivers any alcoholic liquor,
nonintoxicating beer, poison, explosive, firearm or other
implement
of escape,
dangerous material, or deadly weapon or any controlled
substance as defined by chapter sixty-a of this code to an adult or
juvenile in custody or confinement in any county or regional jail,
state correctional facility, juvenile facility or juvenile
detention center within this state and is unauthorized by law to do
so, or is unauthorized by the persons supervising the facility,
such the person is guilty of a felony and, upon conviction thereof,
shall be fined not less than one thousand nor more than five thousand dollars or confined in a state correctional facility not
less than one year nor more than five years, or both.
(e) Whoever purchases, accepts as a gift, or secures by
barter, trade or in any other manner, any article or articles
manufactured at or belonging to any county or regional jail, state
correctional facility, juvenile facility or juvenile detention
center from any adult or juvenile detained therein is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars and confined
in the county or regional jail not less than three nor more than
twelve months: Provided,
That the provisions of this subsection do
not apply to articles specially manufactured in any facility under
the authorization of the persons supervising the facility and which
are offered for sale within or outside of the facility.
(f) Whoever persuades, induces or entices or attempts to
persuade, induce or entice any person who is in custody or confined
in any county or regional jail, state correctional facility,
juvenile facility or juvenile detention center to escape therefrom
or to engage or aid in any insubordination to the persons
supervising the facility is guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than fifty dollars nor
more than five hundred dollars and confined in the county or
regional jail not less than three nor more than twelve months.
(g)(1) An inmate of a jail, state correctional facility,
juvenile facility or juvenile detention center having in his or her
possession any alcoholic liquor, nonintoxicating beer, poison, implement of escape, dangerous material, weapon or any controlled
substance as defined by chapter sixty-a of this code
is guilty of
a felony and, upon conviction thereof, shall be fined not less than
one thousand nor more than five thousand dollars or confined in a
state correctional facility not less than two years nor more than
ten years, or both, or, in the discretion of the court, be confined
in jail not more than one year and fined not more than five hundred
dollars.
(2) An inmate of a jail, state correctional facility, juvenile
facility or juvenile detention center having in his or her
possession money or other thing of value, any written or printed
matter, any article of merchandise, food or clothing, any medicine,
telecommunication device, utensil or instrument of any kind without
the express authority and permission of the supervising officer is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than five hundred
dollars and confined in jail not less than three nor more than
twelve months.
(h) As used in this section:
"Dangerous material" means any incendiary material or device,
highly flammable or caustic liquid, explosive, bullet or other
material readily capable of causing death or serious bodily injury.
"Delivers" means to transfer an item to an adult or juvenile
who is detained in custody or confinement in any jail, correctional
facility, juvenile facility or juvenile detention center, or a
building appurtenant to those places. The term includes bringing the item into a jail, correctional facility, juvenile facility or
juvenile detention center or a building appurtenant to those
places. The term includes putting an item in a place where it may
be obtained by an inmate.
"Inmate" means an adult or juvenile who is detained in
custody or confinement in any jail, correctional facility, juvenile
facility or juvenile detention center, regardless of whether the
individual is temporarily absent due to medical treatment,
transportation, court appearance or other reason for a temporary
absence.
"Implement of escape" means a tool, implement, device,
equipment or other item that can facilitate, aid or conceal an
escape or attempted escape by an inmate.
"Telecommunication device" means any type of instrument,
device, machine or equipment which is capable of transmitting
telephonic, electronic, digital, cellular or radio communications
or any part of an instrument, device, machine or equipment which is
capable of facilitating the transmission of telephonic, electronic,
digital, cellular or radio communications. The term includes, but
is not limited to, cellular phones, digital phones and modem
equipment devices.
"Weapon" means an implement readily capable of lethal use and
includes any firearm, knife, dagger, razor, other cutting or
stabbing implement or club. The term includes any item which has
been modified or adapted so that it can be used as a firearm,
knife, dagger, razor, other cutting or stabbing implement or club. For purposes of this definition, the term "firearm" includes an
unloaded firearm or the unassembled components of a firearm.
NOTE: The purpose of this bill is to specify items that are
unlawful to deliver to or be possessed by individuals in custody or
confinement
in a jail, state correctional facility, juvenile
facility or juvenile detention center
. It also provides criminal
penalties for
transporting certain items
onto the grounds of a
jail, state correctional facility, juvenile facility or juvenile
detention center. It
provides definitions and criminal penalties
for aiding escape.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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.