Senate Bill No. 197
(By Senators Ross, Anderson, Boley,
Buckalew, Grubb and Macnaughtan)
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[Introduced January 29, 1996; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section two, article six,
chapter sixty-four of the code of West Virginia,
one thousand nine hundred thirty-one, as amended,
relating to authorizing the jail and correctional
facility standards commission to promulgate
legislative rules relating to the minimum standards
for the construction, operation and maintenance of
correctional facilities.
Be it enacted by the Legislature of West Virginia:
That section two, article six, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY
AFFAIRS AND PUBLIC SAFETY TO PROMULGATE LEGISLATIVE
RULES.
§64-6-2. Jail and correctional facility standards
commission.
(a) The legislative rules filed in the state
register on the eleventh day of August, one thousand nine
hundred ninety-four, authorized under the authority of
section nine, article twenty, chapter thirty-one, of this
code, modified by the jail and correctional facility
standards commission to meet the objections of the
legislative rule-making review committee and refiled in
the state register on the fourth day of November, one
thousand nine hundred ninety-four, relating to the jail
and correctional facility standards commission (West
Virginia minimum standards for construction, operation
and maintenance of jails, 95 CSR 1), are authorized with
the amendment set forth below:
On page forty, following section 17.18, by inserting
a new section 17.19, to read as follows:
17.19. Visitation to home county. The regional jail authority shall provide transportation to the inmate's
home county for purposes of visitation if (1) The home
county has a holding facility which may be used for
purposes of visitation (2) The county commission and the
sheriff of the county agree to provide space in the
holding facility for purposes of visitation and to accept
custody of the inmate during such period of visitation
and (3) Additional transportation space is available on
regularly scheduled runs to the home county required for
other necessary purposes such as transporting other
inmates to court proceedings. Priorities for inmates
seeking transportation to the home county for visitation
shall be assigned to available space on regularly
scheduled runs as follows in the following order of
priority: (1) Emergency circumstances (2) Transportation
for inmates awaiting court proceedings and not under a
sentence of incarceration for any crime (3) Inmates who
have not received a visit within a three-month period
and (4) Other inmates on a first-come, first-served
basis in order of date and time of request.
(b) The legislative rules filed in the state register on the thirty-first day of July, one thousand
nine hundred ninety-five, authorized under the authority
of section nine, article twenty, chapter thirty-one, of
this code, modified by the jail and correctional facility
standards commission to meet the objections of the
legislative rule-making review committee and refiled in
the state register on the eleventh day of January, one
thousand nine hundred ninety-six, relating to the jail
and correctional facility standards commission (minimum
standards for construction, operation and maintenance of
correctional facilities, 95 CSR 2), are authorized.
NOTE: The purpose of this bill is to authorize the
Jail and Correctional Facility Standards Commission to
promulgate legislative rules relating to the minimum
standards for the construction, operation and maintenance
of correctional facilities.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.