Senate Bill No. 205
(By Senator Manchin)
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[Introduced March 1, 1993; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section three, article six, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
jail and correctional facility standards commission to
promulgate legislative rules relating to the minimum
standards for construction, operation and maintenance of
jails.
Be it enacted by the Legislature of West Virginia:
That section three, article six, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF PUBLIC SAFETY TO
PROMULGATE LEGISLATIVE RULES.
§64-6-3. Jail and prison correctional facility standards
commission.
(a) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred eighty-seven,
relating to the jail and prison standards commission (WestVirginia minimum standards for construction, operation and
maintenance of jails), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of May, one thousand nine hundred eighty-eight,
modified by the jail and prison standards commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
February, one thousand nine hundred eighty-nine, relating to the
jail and prison standards commission (West Virginia minimum
standards for construction, operation and maintenance of holding
facilities), are authorized.
(c) The legislative rules filed in the state register on the
eighteenth day of March, one thousand nine hundred eighty-eight,
modified by the jail and prison standards commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of
February, one thousand nine hundred eighty-nine, relating to the
jail and prison standards commission (West Virginia minimum
standards for construction, operation and maintenance of
prisons), are authorized.
(d) The Legislature hereby authorizes and directs the jail
and prison standards commission to amend its rules relating to
West Virginia minimum standards for construction, operation and
maintenance of jails which were filed in the code of state
regulations (95 CSR 1) on the fifth day of April, one thousand
nine hundred eighty-eight, with the following amendment set forth
below:
On page 7, §8.10 by striking out in the first sentence,
after the word "house", the following words: "no less than four
(4)" and
On page 30 by adding a new section 17.21 to read as follows:
"17.21 Visitation to Home County. To the extent that the
previous subsections provide requirements for visitation with
inmates housed in regional jail facilities, it is the intent that
such requirements apply only to visitation provided in a regional
jail facility. When visitation with family and friends is
required to be provided to a person incarcerated in a regional
jail facility in a location other than the regional jail, the
following provisions shall apply:
17.21.1 The regional jail need not assume the responsibility
for transportation to the home county seat of a person
incarcerated in the regional jail facility for visitation with
their family and friends unless that person has had no visits
from family and friends in the previous three months.
17.21.2 In providing any transportation under subsection
17.21.1 the regional jail has the right to schedule such
transportation for visits with family and friends of the person
incarcerated in a manner which would utilize to the utmost the
regional jail's regularly scheduled trips to each of the
respective counties it serves, including the scheduling of round-
trips, so long as a minimum of 30 minutes is available for
visitation.
17.21.3 The regional jail need not assume any responsibility
for transportation under subsection 17.21.1 when the distancefrom the regional jail to the respective county seat is less than
two hours driving time."
(e)The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred ninety-one,
modified by the jail and correctional facility standards
commission to meet the objections of the legislative rule-making
review committee and refiled in the state register on the ninth
day of July, one thousand nine hundred ninety-two, relating to
the jail and correctional facility standards commission (minimum
standards for construction, operation and maintenance of jails),
are authorized.
NOTE: The purpose of this bill is to authorize the Jail and
Correctional Facility Standards Commission to promulgate
legislative rules relating to minimum standards for construction,
operation and maintenance of jails.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.