COMMITTEE SUBSTITUTE

FOR

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 Finance;

reported April 1, 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 the purpose, power and duties of the jail and correctional facility standards commission; requiring the commission to prescribe standards for the maintenance and operation of correctional facilities, county and regional jails; providing that the standards serve as guidelines only for certain jail facilities; requiring the commission to promulgate implementing rules; requiring the commission to develop a review process for facility standards; requiring periodic reports; and maintenance of county jails after a regional becomes available.

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:
(a) Prescribe standards for the maintenance and operation of correctional facilities, and county and regional jails. The 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 completedafter the fifth day of April, one thousand nine hundred eighty-eight, and that the standards shall serve as guidelines for any jail facility in operation prior to that date.
(b) Promulgate the 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.
(c) 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 be necessary to assure that they conform to current law.
(d) 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 a facility is necessary: Provided, That the county commission may provide and maintain a holding facility which complies with the standards set forth for holding facilities in legislative rules promulgated by the jail and correctional facility standards commission or its predecessor, the jail andprison standards commission.