Senate Bill No. 13
(By Senator Blatnik)
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[Introduced; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact section four, article fifteen,
chapter seventeen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to requiring
the development of voluntary work release programs for
nonviolent county and regional jail prisoners.
Be it enacted by the Legislature of West Virginia:
That section four, article fifteen, chapter seventeen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§17-15-4. Work by prisoners; required work release program;
relief of sheriffs and others from liability for injuries,
etc.
(a) Any person convicted of a criminal offense and sentenced
to confinement in a county or regional jail shall, as incident to
such sentence of confinement, be required to perform labor within
the jail, as a trustee or otherwise, or in and upon the
buildings, grounds, institutions, roads, bridges, streams orother public works of the county or the area within which the
regional jail is located if he or she meets the following
criteria:
(1) Such person is at least eighteen years of age;
(2) Such person is physically and mentally sound and has not
been exempted for medical reasons from such work by a licensed
physician or other medical professional; and
(3) Such person is deemed by the county commission, the
sheriff or the regional jail commission not to pose a threat to
the community if released for work purposes.
(b) Each county and regional jail shall develop and
implement a work release program for all nonviolent prisoners not
later than the first day of July, one thousand nine hundred
ninety-five, which shall include the following criteria:
(1) Each participant in the work release program shall
participate on a voluntary basis.
(2) Only nonviolent prisoners may participate in the
program.
(3) Participants must cooperate with, and work in a manner
which is satisfactory to, the supervisor.
(4) For each eight hours of participation in the work
release program, a participant shall be credited with one day
toward his or her sentence for a maximum of fifty percent of the
sentence.
The work described in the subsection (a) of this section
shall be performed under the supervision, care and custody of thecounty commission, the regional jail commission, the sheriff, his
deputies, correctional officers or other person charged with
inmate supervision to perform maintenance or control litter in
this state.
(c) In order to effectuate the provisions of this section
the county commission, the sheriff or the regional jail
commission shall promulgate rules and regulations for the safe
and useful employment of inmate labor.
(d) Notwithstanding any provision of this code to the
contrary, the county commission, its members and agents, the
regional jail commission, its members or agents, the sheriff, his
deputies, correctional officers and agents shall be immune from
liability of any kind for accidents, injuries or death to such
inmate except for accident, injury or death resulting directly
from gross negligence or malfeasance.
(e) The sheriff of the county in which the work is to be
performed, with the approval of the county commission, or the
regional jail commission may hire or appoint any personnel
necessary for the supervision of inmate labor.
(f) Nothing in this section shall be construed to allow the
use of inmate labor for private projects or as contract employees
of for profit businesses.
(g) Any inmate described in subsection (a) of this section
who performs work pursuant to the provisions of this section
shall receive as sole and full compensation therefor, a reduction
in his or her term of incarceration of not more than twenty-fivepercent of the original sentence excluding any other statutorily
granted "good time." Each eight-hour period of approved work
shall entitle an inmate to one day's sentence reduction:
Provided,
That any "good time" earned pursuant to the provisions
of subsection (a) of this section shall be in addition to any
other reduction of sentence the inmate may accumulate.
(h) Any person being held as a detainee or for contempt may
voluntarily participate in such labor as provided for in this
section under the terms and conditions hereinbefore set forth.
NOTE: The purpose of this bill is to require the
development of voluntary work release programs for nonviolent
county and regional jail prisoners.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.