H. B. 4476
(By Delegates Warner, Pino,
Faircloth and Michael)
[Introduced February 13, 2004; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §31-20-10 of the code of West Virginia,
1931, as amended; and to amend said code by adding thereto a
new section, designated §31-20-10a, all relating to regional
jail and correctional facility authority funds; providing
statutory procedures for determining the cost per day for
inmates incarcerated in facilities operated by the authority;
and outlining the allocation of costs for housing inmates.
Be it enacted by the Legislature of West Virginia:
That §31-20-10 of the code of West Virginia, 1931, as amended,
be amended and reenacted; and that said code be further amended by
adding thereto a new section, designated §31-20-10a, all to read as
follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-10. Regional jail and correctional facility authority funds.
(a) The regional jail and correctional facility authority may
create special funds in the state treasury to identify various
revenue sources and payment of specific obligations. These funds
may be used for purposes that include, but are not limited to, the
construction, renovation or repair of specific facilities, cash
control, facility maintenance and the individual operations
accounts of facilities operated by the authority. The authority
may create other separate accounts within these funds that it
determines are necessary for the efficient operation of the
authority.
(b) Revenues deposited into these funds shall be used to make
payments of interest and shall be pledged as security for bonds,
security interests or notes issued or lease-purchase obligations
entered into with another state entity by the authority pursuant to
this article.
(c) Whenever the authority determines that the balance in
these funds is in excess of the immediate requirements of this
article, it may request that the excess be invested until needed.
In this case the excess shall be invested in a manner consistent
with the investment of temporary state funds. Interest earned on
any money invested pursuant to this section shall be credited to
these funds.
(d) If the authority determines that moneys held in these funds are in excess of the amount needed to carry out the purposes
of this article, it shall take any action that is necessary to
release the excess and transfer it to the general revenue fund of
the state treasury.
(e) These funds shall consist of the following:
(1) Amounts raised by the authority by the sale of bonds or
other borrowing authorized by this article;
(2) Moneys collected and deposited in the state treasury which
are specifically designated by acts of the Legislature for
inclusion in these funds;
(3) Contributions, grants and gifts from any source, both
public and private, which may be used by the authority for any
project or projects;
(4) All sums paid by the counties pursuant to subsection (h)
of this section; and
(5) All interest earned on investments made by the state from
moneys deposited in these funds.
(f) The amounts deposited in these funds shall be accounted
for and expended in the following manner:
(1) Amounts raised by the sale of bonds or other borrowing
authorized by this article shall be deposited in a separate account
within these funds and expended for the purpose of construction,
renovation and repair of correctional facilities, regional jails
and juvenile detention and correctional facilities for which need has been determined by the authority;
(2) Amounts deposited from all other sources shall be pledged
first to the debt service on any bonded indebtedness, including
lease-purchase obligations entered into by the authority with
another state entity or other obligation incurred by borrowing of
the authority;
(3) After any requirements of debt service have been
satisfied, the authority shall requisition from these funds the
amounts that are necessary to provide for payment of the
administrative expenses of this article;
(4) The authority shall requisition from these funds after any
requirements of debt service have been satisfied the amounts that
are necessary for the maintenance and operation of regional jails
that are constructed pursuant to the provisions of this article and
shall expend those amounts for that purpose. These funds shall
make an accounting of all amounts received from each county by
virtue of any filing fees, court costs or fines required by law to
be deposited in these funds and amounts from the jail improvement
funds of the various counties. After the expenses of
administration have been deducted, the amounts expended in the
respective regions from those sources shall be in proportion to the
percentage the amount contributed to these funds by the counties in
each region bears to the total amount received by these funds from
those sources;
(5) Notwithstanding any other provisions of this article, sums
paid into these funds by each county pursuant to subsection (h) of
this section for each inmate shall be placed in a separate account
and shall be requisitioned from these funds to pay for costs
incurred at the regional jail facility at which each inmate was
incarcerated; and
(6) Any amounts deposited in these funds from other sources
permitted by this article shall be expended in the respective
regions based on particular needs to be determined by the
authority.
(g) After a regional jail facility becomes available pursuant
to this article for the incarceration of inmates, each county
within the region shall incarcerate all persons whom the county
would have incarcerated in any jail prior to the availability of
the regional jail facility in the regional jail facility except
those whose incarceration in a local jail facility used as a local
holding facility is specified as appropriate under the standards
and procedures developed pursuant to section nine of this article
and who the sheriff or the circuit court elects to incarcerate
therein.
(h) When inmates are placed in a regional jail facility
pursuant to subsection (g) of this section, the county shall pay
into the regional jail and correctional facility authority fund a
cost per day for each incarcerated inmate to be determined by the regional jail and correctional facility authority according to
criteria and by procedures established by legislative rules
proposed for promulgation pursuant to article three, chapter
twenty-nine-a of this code and as established in section ten-a of
this article to cover the costs of operating the regional jail
facilities of this state to maintain each inmate. The per diem
costs for incarcerating inmates may not include the cost of
construction, acquisition or renovation of the regional jail
facilities: Provided, That each regional jail facility operating in
this state shall keep a record of the date and time that an inmate
is incarcerated, and a county may not be charged for a second day
of incarceration for an individual inmate until that inmate has
remained incarcerated for more than twenty-four hours. Thereafter
After that, in cases of continuous incarceration, subsequent per
diem charges shall be made upon a county only as subsequent
intervals of twenty-four hours pass from the original time of
incarceration.
§31-20-10a. Criteria and procedures for determining the cost per
day for inmates incarcerated in facilities operated
by the authority and allocating cost.
(a) This section applies to the regional jail and correctional
facility authority, counties, municipalities, the division of
corrections, the United States marshals service, the United
Services bureau of prisons and any other entity by whose authority inmates are incarcerated and maintained in facilities operated by
the authority.
(b)(1) The authority shall develop and approve a schedule of
anticipated operational expenditures for each regional jail. The
schedules shall include funds for personal services and fringe
benefits for personnel necessary to the operation of the facilities
as well as allocations of funds for food, clothing, utilities,
supplies, transportation and all other costs necessary to operate
and maintain the facilities. The operational expenditure schedule
shall include all costs, both direct and indirect, for operating
and maintaining the regional jail. The authority shall develop and
approve an operational expenditure schedule for each regional jail
on an annual basis, consistent with the state fiscal year.
(2) If the actual operational costs exceed the approved
schedule of operational expenditures by more than ten per cent in
a line item, the authority's executive director shall add a
temporary surcharge to the cost per inmate day in an amount
sufficient to cover the actual expenditures.
(c) The county is responsible for costs incurred by the
authority for housing and maintaining inmates in its facilities who
have not been committed to the custody of the commissioner of
corrections.
(d) The county is responsible for the costs incurred by the
authority for housing and maintaining inmates who, prior to sentencing, are awaiting transportation to a state correctional
facility for a sixty-day evaluation period as provided in section
seven, article twelve, chapter sixty-two of this code.
(e) The division of corrections is responsible for the costs
incurred by the authority for housing and maintaining inmates who
have been sentenced to the custody of the division of corrections
beginning the calendar day following the day the commitment order
was entered into the court record. The circuit clerk of the county
from which the commitment order has been entered shall immediately
transmit by facsimile machine an advance copy of the certified
commitment order to the division of corrections and to the regional
jail in which the inmate is confined.
(f) The division of corrections is responsible for the costs
incurred by the authority for housing and maintaining inmates who
have been held on a parole violation warrant.
(g) The division of corrections is responsible for the costs
incurred by the authority for housing and maintaining inmates who
have been returned to a regional jail under court order. Except,
that the county from which the inmate was charged is responsible
for the per diem costs in the event that a court of competent
jurisdiction sets aside or vacates the order of commitment to the
division of corrections, from the date of the order or the return
of the inmate to a regional jail, whichever is later.
(h) The costs incurred by the authority for housing and maintaining inmates who are being held as fugitives from justice
from another jurisdiction shall be billed to the fugitive's
demanding jurisdiction. Except, the costs incurred by the
authority for housing and maintaining any person who is arrested
and confined in one of the authority's facilities on the basis of
the commission of a new crime shall be billed to the arresting
county until the pending West Virginia charges have been properly
resolved.
(i) Any other entity or jurisdiction, unless otherwise
stipulated in this section, is responsible for any and all costs
associated with housing its inmates in a facility operated by the
authority.
NOTE: The purpose of this bill is to
codify provisions of
Title 94, Series 3 of the Code of State Rules, that provide
procedures for determining the cost per day for inmates
incarcerated in facilities operated by the Regional Jail and
Correctional Authority and that outline the allocation of costs for
housing the inmates.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§31-20-1a is new; therefore, strike-throughs and underscoring
have been omitted.
This bill was recommended for introduction and passage during
the 2004 legislative session by the Legislative Oversight Committee
on the Regional Jail and Correctional Facility Authority.
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