COMMITTEE SUBSTITUTE

FOR

H. B. 2075

(By Delegate Love)


(Originating in the House Committee on the Judiciary)


[February 23, 1993]


A BILL to amend and reenact section sixteen, article fourteen-b, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section nine, article ten, chapter sixty-two of said code, all relating to correctional officers generally; defining the qualifications and duties of correctional officers; reducing the retraining requirements of correctional officers; and prescribing the power and authority of correctional officers to execute warrants when the person named in the warrant surrenders to the correctional officer.

Be it enacted by the Legislature of West Virginia:
That section sixteen, article fourteen-b, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section nine, article ten, chapter sixty-two of said code be amended and reenacted, all to read as follows:
ARTICLE 14B. CIVIL SERVICE FOR CORRECTIONAL OFFICERS.

§7-14B-16. Training and retraining programs for all correctional
officers required.
(a) The civil service commission of any such county shall establish or prescribe a training program which every correctional officer first appointed a correctional officer of such county on or after the effective date of this article, must satisfactorily complete during his probationary period.
(b) The civil service commission of any such county shall also establish or prescribe annual retraining programs of at least forty eight hours which every correctional officer, whether first appointed such correctional officer was first appointed before or after the effective date of this article, must satisfactorily complete from time to time annually after the effective date of this article, in order to continue as a correctional officer of such county or to be eligible for promotion.
(c) On a quarterly basis, the civil service commission of each county shall submit an information-only report containing the names of each correctional officer completing training, and the hours of training each such officer received, to the Governor's committee on crime, delinquency and corrections, which committee was established pursuant to the provisions of section one, article nine, chapter fifteen of this code.
ARTICLE 10. PREVENTION OF CRIME.

§62-10-9. Power and authority of sheriffs and deputy sheriffs to make arrests.

Sheriffs and each of their deputies are hereby authorized and empowered within their respective counties to make arrests for any crime for which a warrant has been issued in violation ofany laws of the United States or of this state, and to make arrests without warrant for all violations of any of the criminal laws of the United States, or of this state, when committed in their presence. A county correctional officer may execute a warrant, issued for the arrest of a person, only when the person named in the warrant voluntarily surrenders to the correctional officer at the county jail at which the correctional officer is employed.