Senate Bill No. 544

(By Senator Manchin)

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[Introduced March 22, 1993; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend article five, chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to contributions by inmates under the custody and control of the division of corrections toward the cost of incarceration.

Be it enacted by the Legislature of West Virginia:
That article five, chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE 5. THE PENITENTIARY.

§28-5-9. Contributions by inmates in the custody of the division of correction.

(a) Any person who is an inmate under the supervision of the division of corrections who receives pay for work performed other than institutional job assignments, shall contribute not morethan thirty percent of their monthly wages, not to exceed five dollars per day toward the cost of his or her incarceration beginning thirty days from the date he or she is given wages for work performed. These contributions shall be collected by the fiscal officer of each institution pursuant to rules adopted by the division. By prior agreement between an employer and an inmate or work release participant, an employer may deduct the amount provided for in this section from the monthly amounts earned by prisoners, parolees, work release participants and remit that amount to the division pursuant to rules adopted by the division. All funds collected by the division shall be deposited in the general fund of that institution.
(b) The warden or administrator of each institution under the authority of the division of correction may exempt a person from the requirements of subsection (a) on the grounds of unreasonable hardship.



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NOTE: The purpose of this bill is to require inmates in the custody and control of the division of corrections to contribute to the cost of their incarceration.

This section is new; therefore, strike-throughs and underscoring have been omitted.