COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 22
(By Senator Burdette, Mr. President, and Boley,
By Request of the Executive)
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[Originating in the Committee on the Judiciary;
reported February 16, 1994.]
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A BILL to amend chapter twenty-five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six, 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 chapter twenty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article six, to read as
follows:
ARTICLE 6. BOOT CAMP.
§25-6-1. Purpose of article.
The purpose of this article is to establish a program of
boot camps that will encourage boot camp inmates to become
responsible, productive citizens by providing academic education,
social skills, education, physical wellness program,
self-discipline programs, substance abuse treatment and
vocational education and counseling. It is the aim of the
Legislature that such a program will create a more positiveenvironment for both inmates and correctional employees who
operate the boot camp; and that will reduce the recidivism rate
of persons so incarcerated.
§25-6-2. Authorization to establish boot camp program.
The commissioner of the division of corrections is hereby
authorized to establish a program of boot camps that may be used
for eligible offenders who are sentenced to serve a term of
imprisonment under the custody of the commissioner of corrections
and whom the commissioner or the circuit court may permit to
serve his or her sentence as a sentence to boot camp in
accordance with this article.
§25-6-3. Definitions.
As used in this article, unless the context clearly requires
a different meaning, the term:
(a) "Commissioner" means the commissioner of the division of
corrections;
(b) "Division" means division of corrections; and
(c) "Eligible offender" means eligible offender as defined
in section four of this article.
§25-6-4. Eligibility.
(a) Appropriate inmates may participate in the boot camp
program in accordance with the following criteria:
(1) One who is not less than eighteen years of age nor more
than twenty-eight years of age;
(2) One who is medically, physically and psychologically fit
to participate in the program;
(3) One who volunteers for the program;
(4) One who has been convicted of or pleaded guilty to afelony and has been sentenced to the custody of the commissioner
of corrections for a period of incarceration of not less than one
year;
(5) One who was not convicted of or did not plead guilty to
murder in the first degree;
(6) One who was not convicted of or did not plead guilty to
kidnapping;
(7) One who was not convicted of or did not plead guilty to
first or second degree sexual assault;
(8) One who was not convicted of or did not plead guilty to
any offense pursuant to article eight-d, chapter sixty-one of
this code;
(9) One who was not convicted of or did not plead guilty to
incest; and
(10) Such other criteria as the commissioner of the division
of corrections may promulgate pursuant to chapter twenty-nine-a
of this code.
(b) The circuit court of conviction may direct that a person
be admitted or excluded from participation in the state boot camp
program. The commissioner, pursuant to operational policies and
procedures, may in his discretion, direct placement of an inmate
in a boot camp program.
(c) Any placement in the boot camp shall be subject to the
extent funding is available or appropriated and subject to the
availability of space in the boot camp: Provided, That nothing
in this section shall give any court the power to hold the
division of corrections or any officer or employee of the
division in contempt of court for failure to adhere to a circuitcourt directive that a person be placed in the state boot camp
program if space or funding is unavailable.
§25-6-5. Internal Policy Development.
(a) The division of corrections shall promulgate operational
procedures and policies for the program which shall require that
the program be established at one or more sites, which sites
shall then be under the control and authority of the division of
corrections. The program shall consist of all of the following
for each eligible offender whom the division permits to serve his
or her sentence as a sentence to boot camp:
(1) A period of imprisonment at the boot camp of not more
than twelve months which period of imprisonment shall consist of
a military style combination of discipline, physical training and
physical labor, substance abuse education, employment skills
training, social skills training, and psychological evaluation
and treatment. Additionally, the commissioner shall establish an
education program for those eligible offenders who are not
recipients of a high school diploma or a certificate of high
school equivalence.
(2) Upon successful completion of the boot camp program, and
notwithstanding any other provisions for determining parole
eligibility, an inmate shall be released on parole in accordance
with this article. Except as otherwise provided in this article,
a release on parole under this section shall require that the
eligible offender be under intensive supervision by the adult
parole authority and may provide for supervision of the offender
by the adult parole authority subsequent to the expiration of his
or her period of boot camp incarceration under any terms and forany period of time prescribed by the provisions of article
twelve, chapter sixty-two of this code.
(b) The policies and procedures for the boot camp program
also shall include, but are not limited to, all of the following:
(1) Policies and procedures identifying the facilities under
the control and authority of the division of corrections
designated by the commissioner of corrections that will be used
for prisoners serving a sentence to boot camp;
(2) Policies and procedures governing academic education, or
psychological testing and evaluation, discipline, physical
training and labor for eligible offenders serving a sentence to
boot camp based upon the offender's physical conditions and
needs;
(3) Policies and procedures establishing additional criteria
the commissioner deems necessary to determine the eligibility of
offenders to serve their sentence as a sentence to boot camp;
(4) Policies and procedures establishing a method of
intensive supervision for an eligible offender who is released on
parole of the type described in this section for the remainder of
his or her parole sentence, and rules governing the supervision
of the offender subsequent to the expiration of his or her parole
sentence;
(5) Policies and procedures effectuate notification to
sentencing courts of the performance of eligible offenders
serving their sentence of imprisonment as a sentence to boot
camp;
(6) Any other policies and procedures that are necessary for
the proper operation of the program.
(c) An eligible offender who does not satisfactorily
complete the entire period of boot camp incarceration, he or she
shall be removed from the program of boot camp and shall be
required to serve the remainder of the original sentence of
imprisonment which would have been available to the sentencing
court had boot camp not been directed by the circuit court or
allowed by the commissioner.
(d) If the circuit court directs or the division permits an
eligible offender to serve his or her sentence of imprisonment as
a sentence to boot camp, the eligible offender shall commence a
period of parole of the type described in this article. If an
eligible offender violates the conditions of parole, he or she
may be declared a parole violator and his or her parole shall be
subject to revocation pursuant to the provision of article
twelve, chapter sixty-two of this code.
§25-6-6. Construction and applicability of other acts.
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 this article.
NOTE: The purpose of this bill is to authorize the Commissioner of the
Division of Corrections to establish a boot camp program.