COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 122
(By Senators Plymale, Jones, Helmick, Brackenrich,
Yoder, Walker, Wagner and Boley)
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[Originating in the Committee on the Judiciary;
reported March 30, 1993.]
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A BILL to amend and reenact section nine, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring
standards of jails or correctional facilities in this state
to be consistent with standards of federal department of
corrections; and exception for county jails.
Be it enacted by the Legislature of West Virginia:
That section nine, article twenty, chapter thirty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
§31-20-9. Purpose, powers and duties.
The purpose of the commission is to assure that proper
minimum standards and procedures are developed for jail, work
farm and correctional facility operation, maintenance and
management of inmates for correctional facilities, regional jails
and local jail facilities used as temporary holding facilities.
In order to accomplish this purpose, the commission shall:
(1) Prescribe standards for the maintenance and operation of
correctional facilities, county and regional jails. Such
standards shall include, but not be limited to, requirements
assuring adequate space, lighting and ventilation; fire
protection equipment and procedures; provision of specific
personal hygiene articles; bedding, furnishings and clothing;
food services; appropriate staffing and training; sanitation,
safety and hygiene; isolation and suicide prevention; appropriate
medical, dental and other health services; indoor and outdoor
exercise; appropriate vocational and educational opportunities;
classification; inmate rules and discipline; inmate money and
property; religious services; inmate work programs; library
services; visitation, mail and telephone privileges; and other
standards necessary to assure proper operation: Provided, That
the standards as developed for the construction, operation and
maintenance of jails shall only apply to facilities completed
after the fifth day of April, one thousand nine hundred
eighty-eight, and that said standards shall serve as guidelines
for any jail facility in operation prior to that date.
(2) Promulgate such rules pursuant to the provisions of
chapter twenty-nine-a of this code as are necessary to implement
the provisions of this article, including, without limitation,
minimum jail, work farm and correctional facility standards which
shall be promulgated on or before the first day of July, one
thousand nine hundred eighty-six.
(3) Develop a process for reviewing and updating the jail,
work farm and correctional facility standards pursuant to the
provisions of chapter twenty-nine-a of this code as may benecessary to assure that they conform to current law.
(4) Report periodically to the authority to advise and
recommend actions to be taken by the authority to implement
proper minimum jail, work farm and correctional facility
standards.
Notwithstanding any other provision of this code to the
contrary, any county commission providing and maintaining a jail
on the effective date of this article shall not be required to
provide and maintain a jail after a regional jail becomes
available pursuant to the provisions of article twenty, chapter
thirty-one of this code, unless the county commission determines
that such a facility is necessary: Provided, That such county
commission may provide and maintain a holding facility which
complies with the standards set forth for such holding facilities
in legislative rules promulgated by the jail and correctional
facility standards commission or its predecessor, the jail and
prison standards commission.
NOTE: The purpose of this bill is to require standards for
jails in this state to be consistent with, but not greater than,
those standards maintained for federal jails and prisons.