Senate Bill No. 192
(By Senators Love, Hunter, White, McKenzie and Plymale)
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[Introduced January 24, 2007; referred to the Committee on the
Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §62-8-8, relating to
authorizing the Commissioner of the Division of Corrections to
issue warrants for the arrest, apprehension, extradition or
reincarceration of certain inmates who are no longer in the
physical custody of the division; requiring law-enforcement
officers to honor and enforce the warrants; and authorizing
the commissioner to enter the warrants into all criminal
reporting databases and other computerized systems for the
reporting and apprehension of criminals and fugitives.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §62-8-8, to read as
follows:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.
§62-8-8. Warrants for arrest of inmates.
(a) The Commissioner of the Division of Corrections has
authority to issue warrants for the arrest, apprehension,
extradition or reincarceration of an inmate:
(1) Who has escaped from a facility or who has absconded from
a furlough or temporary release; or
(2) Released from the custody of the Division of Corrections
by virtue of clerical error, mistake or failure of a sentencing
court to timely transmit an order of commitment prior to the
release of the inmate.
(b) All law-enforcement officers shall honor and enforce
warrants issued by the commissioner under this section. The
commissioner may enter the warrants into all criminal reporting
databases and other computerized systems for the reporting and
apprehension of criminals and fugitives.
NOTE: The purpose of this bill is to
authorize the
Commissioner of the Division of Corrections to issue warrants for
the arrest, apprehension, extradition or reincarceration of inmates
who have escaped from a facility or absconded from a furlough or
temporary release, or who were released from the custody of the
Division of Corrections by virtue of clerical error, mistake or
failure of a sentencing court to timely transmit an order of
commitment prior to the release of the person.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
This bill is recommended for introduction and passage during
the 2007 Regular Session of the Legislature by the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority.