Senate Bill No. 43
(By Senator Kimble)
[Introduced January 18, 1995; referred to the Committee
on the Judiciary.]
A BILL to amend and reenact sections three and thirteen, article
one, chapter twenty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
prohibiting unsupervised furlough or other temporary or
conditional release for violent or repeat offenders.
Be it enacted by the Legislature of West Virginia:
That sections three and thirteen, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-3. Institutions managed by commissioner of corrections;
certain institutions transferred to department of health and human resources and state board of
health; establishment of work and study release
units; civil service coverage.
The commissioner of corrections shall manage, direct,
control and govern the following penal or correctional
institutions and any others placed under his jurisdiction or
West Virginia Penitentiary at Moundsville;
West Virginia State Prison for Women at Pence Springs;
West Virginia Medium Security Prison at Huttonsville;
West Virginia Industrial Home for Girls at Salem;
West Virginia Industrial Home for Boys at Grafton;
Davis Center (formerly the West Virginia Forestry Camp for
Boys at Davis);
Leckie Center (formerly the West Virginia Forestry Camp for
Boys at Leckie); and
Anthony Center (formerly the Anthony Correctional Center).
Jurisdiction of and title to the West Virginia Children's
Home at Elkins are hereby transferred to the department of health
and human resources, which shall be the custodian of all deeds and other muniments of title to such property and shall cause
such as are susceptible of recordation to be recorded in the
proper offices. Notwithstanding any provision of this code to
the contrary, the West Virginia Children's Home shall be managed
and controlled by a superintendent appointed by the commissioner
of health and human resources.
The commissioner is hereby authorized to establish work and
study release units as extensions and subsidiaries of those state
institutions under his or her control and authority. Such work
and study release units may be coeducational and shall be
managed, directed and controlled as provided for in this article:
Provided, That no inmate may participate or otherwise be involved
with any unsupervised work or study release unit who has been
convicted of a felony involving violence or the threat of
violence, whether or not a dangerous and deadly weapon was
employed in the crime, or whose criminal record includes more
than one felony conviction.
The commissioner is hereby authorized to serve as a member
of the commission for distribution of surplus foods and exercise all powers and authority otherwise granted to him or her in this
article to implement the pilot program for delivery of leftover
prepared foods at any institution under his or her control and
supervision, pursuant to section seventeen, article two, chapter
eighteen of this code.
Any person employed by the office of public institutions who
on the effective date of this article is a classified civil
service employee shall, within the limits contained in section
two, article six, chapter twenty-nine of this code, remain in the
civil service system as a covered employee.
§25-1-13. Furlough programs.
The commissioner is hereby authorized to establish a
furlough program for inmates under his control and custody. Such
program may provide that selected inmates be permitted to reside
outside an institution operated by the department of corrections
under legislative rules promulgated by the commissioner pursuant
to chapter twenty-nine-a of this code: Provided, That the
commissioner may not include any inmate in such program which
allows unsupervised furlough, temporary or other conditional release, who has been convicted of any felony involving violence
or the threat of violence, whether or not a dangerous and deadly
weapon was employed in such crime, or whose criminal record
includes more than one felony conviction.
NOTE: The purpose of this bill is to prohibit unsupervised
furlough or other temporary or conditional release for violent or
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.