H. B. 3192
(By Mr. Speaker, Mr. Kiss, and Delegates Staton, Michael,
Manuel, Givens and Webster)
[Introduced March 30, 2001; referred to the
Committee on the Judiciary.]
A BILL to amend article twenty, chapter thirty-one of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five-d, all relating generally to the awarding of good time
credit in regional jails.
Be it enacted by the Legislature of West Virginia:
That article twenty, chapter thirty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five-
d, to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
§31-20-5d. Good time credit.
(a) All adult inmates now in the custody of the executive
director of the West Virginia regional jail and correctional
facility authority, or hereafter committed to the custody of the executive director, are to be granted commutation from their
sentences for good conduct in accordance with this section and
article fifteen, chapter seventeen of this code.
(b) Commutation of sentence or good time is to be deducted
from the fixed term of determinate sentences.
(c)
Each inmate committed to the custody of the executive
director for a term of confinement exceeding six months and
incarcerated in a regional jail facility pursuant to this
commitment is to be granted five days good time for each month he
or she is incarcerated, including any and all days in a county or
regional jail awaiting sentence credited by the sentencing court
to his or her sentence pursuant to section twenty-four, article
eleven, chapter sixty-one of this code or for any other reason
relating to his or her commitment. No inmate may be granted any
good time for time served either on parole or bond or in any
other status in which he or she is not physically incarcerated.
(d) Each inmate committed to the custody of the regional
jail authority and incarcerated in a regional jail facility is to
be granted ten days of good time for completion of the general
equivalency diploma or high school diploma.
(e) The executive director may, with the approval of the
governor, allow extra good time for inmates who perform
exceptional work or service.
(f) An inmate under two or more consecutive sentences shall
be allowed good time as if the several sentences, when the maximum terms thereof are added together, were all one sentence.
(g)
The authority shall promulgate separate disciplinary
rules for each regional jail facility in which inmates are
incarcerated, describing acts which inmates are prohibited from
committing, procedures for charging individual inmates for
violations of the rules and for determining the guilt or
innocence of inmates charged with the violations and the
sanctions which may be imposed for the violations. A copy of the
rules are to be given to each inmate. For each violation by an
inmate, any part or all of the good time which has been granted
to the inmate pursuant to this section may be forfeited and
revoked by the administrator of the regional jail facility in
which the violation occurred. The administrator, when
appropriate and with approval of the executive director, may
restore any good time forfeited for a violation of the rules of
the regional jail facility.
(h) Each inmate, within seventy-two hours of his or her
being sentenced and being received into the custody of the
executive director, is to be given a statement setting forth the
term or length of his or her sentence or sentences and the time
of his or her minimum discharge computed according to this
section.
(i)
Each inmate is to be given a revision of the statement
described in subsection (h) if and when any part or all of the
good time has been forfeited and revoked or restored pursuant to subsection (g) whereby the time of his or her earliest discharge
is changed.
NOTE: The purpose of this bill is to allow good time credit
for obtaining a GED or high school diploma in jail.
§31-20-5d is new; therefore, strike-throughs and
underscoring have been omitted.
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