Senate Bill No. 22
(By Senators Burdette, Mr. President, and Boley,
By Request of the Executive)
____________
[Introduced January 14, 1994; referred to the Committee
on the Judiciary and then to the Committee on Finance.]
____________
A BILL to amend article one, chapter twenty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto four new sections, designated
sections twenty-two, twenty-two-a, twenty-two-b and twenty-
two-c, relating to the establishment of a boot camp program
by the commissioner of corrections; eligibility; parole
supervision; and construction.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto four new sections, designated sections
twenty-two, twenty-two-a, twenty-two-b and twenty-two-c, to read
as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-22. Authorization to establish boot camp program.
The commissioner of the division of corrections is hereby
authorized to establish a boot camp program at one or morecorrectional facilities under his control and authority. The
Legislature intends that the boot camp program shall be designed
to divert eligible offenders, who give their consent, from
traditional incarceration to a more rigorous and disciplined
custody environment. The Legislature intends to create an
environment in each boot camp that will assist in the long-term
rehabilitation of certain offenders. The Legislature further
intends that any eligible offender who successfully completes any
boot camp program authorized under this article shall receive
enhanced good time credit, to be defined by the division of
corrections pursuant to section twenty-two-a of this article,
which good time shall be applied against his or her sentence.
§25-1-22a. Eligibility.
Appropriate inmates shall be chosen for the boot camp
program in accordance with procedural rules to be adopted by the
division of corrections. These rules must include a risk profile
system to be used in selecting inmates eligible for assignment to
the boot camp program.
§25-1-22b. Parole supervision.
Inmates who successfully complete the boot camp program may
be placed under parole supervision for a minimum of one but not
more than five years, or upon recommendation of the commissioner
of corrections and concurrence of the board of probation and
parole may be discharged from the custody of the division of
corrections. An inmate paroled under the provisions of this
section who violates the terms and conditions of his or herparole shall be subject to parole revocation as set forth in
article twelve of chapter sixty-two of this code and the
applicable rules and regulations governing parole. Any inmate who
does not successfully complete any boot camp program established
under this article shall be transferred by order of the
commissioner to an appropriate penal facility to serve the
remainder of the original sentence previously imposed by the
court upon that inmate.
§25-1-22c. Construction and applicability of other acts.
This section, and sections twenty-two, twenty-two-a and
twenty-two-b of this article shall be liberally construed to
accomplish the intent and purposes of the Legislature in adopting
it and shall be the sole authority required for the
accomplishment of the purposes set forth in section twenty-two of
this article.
NOTE: The purpose of this bill is to authorize the
Commissioner of the Division of Corrections to establish a boot
camp program.
These sections are new; therefore, strike-throughs and underscoring have
been omitted.