Senate Bill No. 345
(By Senators Blatnik, Craigo, Helmick,
Love, Wiedebusch and Yoder)
____________
[Introduced February 8, 1996;
referred to the Committee on the Judiciary;
and then to the Committee on Finance.]
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A BILL to amend and reenact sections one, three, five and
fifteen, article one, chapter twenty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended; to amend and reenact section three, article one,
chapter twenty-nine-a of said code; to amend and reenact
section thirteen, article twelve, chapter sixty-two of said
code; and to amend and reenact section four, article
thirteen of said chapter, all relating to the division of
corrections; updating certain terms; powers and duties of
the commissioner; certain rulemaking by division of
corrections subject to provisions of state administrative
procedures act; rulemaking by board of parole subject to state administrative procedures act; required filing of
rules with legislative rule-making review committee; effect
of failure to file same by the first day of July, one
thousand nine hundred ninety-six.
Be it enacted by the Legislature of West Virginia:
That sections one, three, five and fifteen, article one,
chapter twenty-five of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted;
that section three, article one, chapter twenty-nine-a of said
code be amended and reenacted; that section thirteen, article
twelve, chapter sixty-two of said code be amended and reenacted;
and that section four, article thirteen of said chapter be
amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-1. Office of commissioner of public institutions
abolished; division and commissioner of corrections
established; qualifications, oath and bond.
The office of state commissioner of public institutions is
hereby abolished, and, except as otherwise provided in this
chapter, its powers and authority are transferred to the
department divisionÆ of corrections which is hereby established. Whenever in this code reference is made to the state commissioner
of public institutions, it shall be construed to mean the
department commissioner of the division of corrections.
The executive and administrative head of the department
division of corrections shall be a commissioner who shall be
appointed, dismissed and paid in accordance with the provisions
of section two-a, article seven, chapter six of this code.
The commissioner shall take and subscribe to the oath
prescribed by the constitution for public officials and shall
execute an official bond in a penalty of fifteen thousand
dollars, conditioned as required by law. Premiums on such the
bond shall be paid from appropriations made for the
commissioner's office. Such The bond shall be approved as to
form by the attorney general and as to sufficiency by the
governor and, when fully executed and approved, shall be filed in
the office of the secretary of state.
Nothing herein contained shall in this section may be
construed so as to give the commissioner of corrections any
authority in the administration, management or control of mental
institutions heretofore transferred to the department of mental
health by an act of the Legislature, regular session, one thousand nine hundred fifty-seven under the jurisdiction of the
state bureau of public health.
§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 or her jurisdiction
or control:
West Virginia Penitentiary at Moundsville Mount Olive;
West Virginia State Prison for Women at Pence Springs;
West Virginia Medium Security Prison at Huttonsville;
West Virginia Industrial Home for Girls Youth at Salem;
West Virginia Industrial Home for Boys The Pruntytown
correctional center 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);
The Denmar Correctional Center, formerly known as the Denmar
State Hospital facility; and
The Northern Correctional Center at Moundsville.
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 the property and shall cause
such as those that 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 secretary of the department of health and human
resources.
The commissioner of corrections 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 These work and study release units may be
coeducational and shall be managed, directed and controlled as
provided for in this article.
The commissioner of corrections 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.
§25-1-5. Rules; uniforms; violation of article; penalties
therefor.
(a) Subject to the provisions of chapter twenty-nine-a of
this code, the state commissioner of public institutions
corrections is authorized to make rules for the proper execution
of his or her duties and powers, He shall also have the power to
adopt rules and regulations for the government of the
institutions named or referred to in section three of this
article and for the administration of the financial and business
affairs of the institutions named or referred to in section four
of this article. and shall therein Consistent with the provisions of this article, the rules relating to institutional
administration and business management shall prescribe
consistent with the provisions of this article, the duties of the
persons connected with the management of such those institutions.
(b) Notwithstanding any previous filing of any of these
rules with the secretary of state, the commissioner shall, by the
first day of July, one thousand nine hundred ninety-six, file
with the legislative rule-making and review committee a certified
copy of: (i) All rules previously adopted or promulgated by the
division of corrections that are then in force and which have not
previously been submitted to that committee pursuant to section
eleven, article three, chapter twenty-nine-a of this code; and
(ii) all of the division's proposed rules which have not yet
become effective prior to the date of filing with the rule-making
and review committee. These rules and proposed rules shall
conform in format and numbering to the provisions of section six,
article two, chapter twenty-nine-a of this code, and shall
include a designation of each rule as a legislative rule,
interpretive rule or procedural rule.
(c) If the commissioner fails to file a certified copy of
any rule or proposed rule in accordance with this section on or before the first day of July, one thousand nine hundred ninety-
six, any rule or proposed rule not filed is thereafter void and
unenforceable and will be of no further force and effect.
(d) When any of the guards, attendants, or other employees
in the institutions mentioned in this section are uniformed, the
state commissioner of public institutions corrections shall
prescribe the design, or designs, of the uniforms, which designs
shall be dissimilar to the design of the uniform worn by the
members of the department of public safety West Virginia state
police; and, when the institution is located in, or in close
proximity to, a municipality, no such guard, attendant or other
employee shall may wear the cap or caps designed by the
commissioner as part of the uniform, when not actually on duty
connected with his or her employment, nor shall such may a
municipality adopt for its police officers or other employees a
uniform which is similar in design to the uniform adopted by the
commissioner.
(e) Any person violating the provisions of this article
shall be is guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than ten dollars, or by
imprisonment for ten days, or both.
§25-1-15. Diagnostic and classification divisions.
The commissioner of corrections may establish a diagnostic
and classification division within Huttonsville correctional
center, West Virginia penitentiary at Moundsville Mount Olive
correctional complex and/or the Pruntytown correctional center.
formerly known as the West Virginia industrial home for boys at
Grafton
Notwithstanding any provision of the this code to the
contrary, all persons committed to the custody of the
commissioner of the department of corrections for presentence
diagnosis and classification and all persons sentenced to the
West Virginia penitentiary custody of the commissioner of
corrections shall, upon imposition of such the commitment or
sentence, undergo diagnosis and classification in a diagnostic
and classification division. located at the Huttonsville
correctional center, the West Virginia penitentiary at
Moundsville, or the Pruntytown correctional center The
diagnostic and classification divisions shall be maximum security
facilities: Provided, That the commissioner of the department of
corrections shall be authorized to provide, at his or herÆ
option, classification and diagnostic services for female offenders through contract with federal correctional institutions
and to provide diagnostic and classification services for
youthful offenders at a youth center operated under the authority
of the department division of corrections: Provided, however,
That nothing contained herein shall in this section may operate
to conflict with or interfere with predisposition diagnostic
procedures for juveniles contained in chapter forty-nine of this
code.
Nothing herein shall in this section may be construed to
authorize the establishment of a diagnostic and classification
division upon the grounds of the Weston State Hospital or in a
regional jail operated by the regional jail and prison authority.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
ARTICLE 1. DEFINITIONS AND APPLICATION OF CHAPTER.
§29A-1-3. Application of chapter; limitations.
(a) The provisions of this chapter do not apply in any
respect whatever to executive orders of the governor, which
orders to the extent otherwise lawful shall be effective
according to their terms to the extent they are lawful:
Provided, That the executive orders shall be admitted to record
in the state register when and to the extent the governor deems suitable and shall be included therein in the state register by
the secretary of state when tendered by the governor.
(b) Except as to requirements for filing in the state
register and with the Legislature or its rule-making review
committee, as provided in this chapter or other law, the
provisions of this chapter do not apply in any respect whatever
to the West Virginia board of probation and parole, the public
service commission, the board of public works sitting as such and
the secondary schools activities commission: Provided, That
rules of such these excepted agencies shall be filed in the state
register in the form prescribed by this chapter and be effective
no sooner than sixty consecutive days after being so filed:
Provided, however, That the rules promulgated by the state
colleges and universities shall only be filed with the higher
education governing boards: Provided further, That such these
agencies may promulgate emergency rules in conformity with
section fifteen, article three of this chapter.
(c) The provisions of this chapter do not apply to rules
relating to or contested cases involving the conduct of inmates
or other persons admitted to public institutions, except as
provided herein and in section five, article one, chapter twenty-five of this code for those penal or correctional facilities
under the jurisdiction and control of the state commissioner of
corrections, as listed in section three, article one, chapter
twenty-five, the open seasons and the bag, creel, size, age,
weight and sex limits with respect to the wildlife in this state,
the conduct of persons in military service, or the receipt of
public assistance. Such These excepted rules shall be filed in
the state register in the form prescribed by this chapter and be
effective upon filing. The provisions of this chapter do not
apply to rules relating to contested cases involving inmates in
state penal or correctional facilities: Provided, That on and
after the effective date of the amendment of this section, the
provisions of this chapter do apply in all respects to any other
rule, as that term is defined in section two of this article,
which relates to the conduct of inmates who have been committed
to the custody of the commissioner of corrections, including, but
not limited to, any rule establishing, amending, repealing or in
any other way relating to a system of inmate classification.
(d) Nothing herein shall in this section may be construed to
affect, limit or expand any express and specific exemption from
this chapter contained in any other statute relating to a specific agency, but such these exemptions shall be construed and
applied in accordance with the provisions of this chapter to
effectuate any limitations on such these exemptions contained in
any such other statute.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-13. Powers and duties of board; eligibility for parole;
procedure for granting parole.
(a) The board of parole, whenever it is of the opinion that
the best interests of the state and of the prisoner will be
subserved served thereby, and subject to the limitations
hereinafter provided in this section, shall release any such a
prisoner on parole for such under the terms and upon such the
conditions as are provided by this article. Any prisoner of a
penitentiary of this state, to be eligible for parole:
(1)(A) Shall have served the minimum term of his or her
indeterminate sentence, or shall have served one fourth of his or
her definite term sentence, as the case may be, except that in no
case shall may any person who committed, or attempted to commit
a felony with the use, presentment or brandishing of a firearm,
be eligible for parole prior to serving a minimum of three years
of his or her sentence or the maximum sentence imposed by the court, whichever is less: Provided, That any person who
committed, or attempted to commit, any violation of section
twelve, article two, chapter sixty-one of this code, with the
use, presentment or brandishing of a firearm, shall not be is not
eligible for parole prior to serving a minimum of five years of
his or her sentence or one third of his or her definite term
sentence, whichever shall be the is greater. Nothing in this
section shall apply applies to an accessory before the fact or a
principal in the second degree who has been convicted as if he or
she were a principal in the first degree if, in the commission of
or in the attempted commission of the felony, only the principal
in the first degree used, presented or brandished a firearm. No
person is ineligible for parole under the provisions of this
subdivision because of the commission or attempted commission of
a felony with the use, presentment or brandishing of a firearm
unless such that fact is clearly stated and included in the
indictment or presentment by which such that person was charged
and was either: (i) Found by the court at the time of trial upon
a plea of guilty or nolo contendere; or (ii) found by the jury,
upon submitting to such the jury a special interrogatory for such
this purpose, if the matter was tried before a jury; or (iii) found by the court, if the matter was tried by the court without
a jury.
For the purpose of this section, the term "firearm" shall
mean means any instrument which will, or is designed to, or may
readily be converted to, expel a projectile by the action of an
explosive, gunpowder or any other similar means.
(B) The amendments to this subsection adopted in the year
one thousand nine hundred eighty-one:
(i) Shall Apply to all applicable offenses occurring on or
after the first day of August of that year;
(ii) Shall Apply with respect to the contents of any
indictment or presentment returned on or after the first day of
August of that year irrespective of when the offense occurred;
(iii) Shall Apply with respect to the submission of a
special interrogatory to the a jury and the finding to be made
thereon on the special interrogatory in any case submitted to
such a jury on or after the first day of August of that year or
to the requisite findings of the court upon a plea of guilty or
in any case tried without a jury: Provided, That the state shall
give notice in writing of its intent to seek such finding by the
jury or court, as the case may be. which The notice shall state with particularity the grounds upon which such the finding shall
will be sought as fully as such those grounds are otherwise
required to be stated in an indictment, unless the grounds
therefor for the finding are alleged in the indictment or
presentment upon which the matter is being tried;
(iv) Shall Do not apply with respect to cases not affected
by such amendment those amendments and, in such those cases, the
prior provisions of this section shall apply and shall be
construed without reference to such amendment those amendments.
Insofar as such Because those amendments relate to mandatory
sentences restricting the and restrict eligibility for parole,
all such matters requiring such any matter that requires a
mandatory sentence shall in all cases be proved beyond a
reasonable doubt, in all cases whether tried by the jury or the
court;
(2) Shall not be under punishment or in solitary confinement
for any infraction of prison rules;
(3) Shall have maintained a record of good conduct in prison
for a period of at least three months immediately preceding the
date of his or her release on parole;
(4) Shall have submitted to the board a written parole release plan, approved by the commissioner of corrections or a
designee of the commissioner, which sets setting forth proposed
plans for his or her place of residence, employment and, if
appropriate, his or her plans regarding education and postrelease
counseling and treatment; said parole release plan having been
approved by the commissioner of corrections or his or her
authorized representative;
(5) Shall have satisfied the board that if released on
parole he or she will not constitute a danger to the community.
Except in the case of one a prisoner serving a life
sentence, no person a prisoner who has been previously twice
convicted of a felony may not be released on parole until he or
she has served the minimum term provided by law for the crime for
which he or she was convicted. No person sentenced for life may
be paroled until he or she has served ten years, and no person
sentenced for life who has been previously twice convicted of a
felony may be paroled until he or she has served fifteen years.
In the case of a person sentenced to any penal institution of
this state, it shall be is the duty of the board, as soon as such
that person becomes eligible, to consider the advisability of his
or her release on parole. If, upon such consideration, parole be is denied, the board shall at least once a year thereafter
reconsider and review the case of every eligible prisoner. so
eligible, which The reconsideration and review shall be by the
entire board. If parole be is denied, the prisoner shall be
promptly notified.
(b) In the case of any person sentenced to or confined under
sentence in any city, or county or regional jail in this state,
the board shall may act only upon written application for parole.
If such a jail prisoner is under sentence on a felony conviction,
the provisions hereof of this section relating to penitentiary
prisoners shall apply to and control his or her release on
parole. If such a person is serving time on a misdemeanor
conviction, he or she is eligible for parole consideration upon
receipt of his or her written parole application and after the
time for release on probation release by the sentencing court or
judge has expired.
(c)(1) The board shall, with the approval of the governor,
subject to the requirements of chapter twenty-nine-a of this
code, adopt rules and regulations governing the procedure in the
granting of parole. No provision of this article and none of the
rules and regulations adopted hereunder under this article are intended or shall may be construed to contravene, limit or
otherwise interfere with or affect the authority of the governor
to grant pardons and reprieves, commute sentences, remit fines or
otherwise exercise his or her constitutional powers of executive
clemency.
(2) Notwithstanding any previous filing of any of these
rules with the secretary of state, the board shall, by the first
day of July, one thousand nine hundred ninety-six, file with the
legislative rule-making and review committee a certified copy of:
(i) All rules previously adopted or promulgated by the board that
are then in force and which have not previously been submitted to
that committee pursuant to section eleven, article three, chapter
twenty-nine-a of this code; and (ii) all of the board's proposed
rules which have not yet become effective prior to the date of
filing with the rule-making and review committee. These rules
and proposed rules shall conform in format and numbering to the
provisions of section six, article two, chapter twenty-nine-a of
this code, and shall include a designation of each rule as a
legislative rule, interpretive rule or procedural rule.
(3) If the board fails to file a certified copy of any rule
or proposed rule in accordance with this section on or before the first day of July, one thousand nine hundred ninety-six, any rule
or proposed rule not filed is thereafter void and unenforceable
and will be of no further force and effect.
(4) The board shall be is charged with the duty of
supervising all probationers and parolees whose supervision may
have been undertaken by this state by reason of any interstate
compact entered into pursuant to the uniform act for out of state
parolee supervision.
(d) When considering a penitentiary prisoner for release on
parole, the board of parole shall have before it an authentic
copy of or report on the prisoner's current criminal record as
provided through the department of public safety of West Virginia
state police, the United States department of justice or other
reliable criminal information sources and written reports of the
warden or superintendent of the penitentiary, as the case may be,
to which such the prisoner is sentenced:
(1) On the prisoner's conduct record while in prison,
including a detailed statement showing any and all infractions of
prison rules by the prisoner and the nature and extent of
discipline and punishment administered therefor for the
infraction;
(2) On improvement or other changes noted in the prisoner's
mental and moral condition while in prison, including a statement
expressive of stating the prisoner's current attitude toward
society in general, toward the judge who sentenced him or her,
toward the prosecuting attorney who prosecuted him or her, toward
the policeman or other officer who arrested the prisoner and
toward the crime for which he or she is under sentence and his or
her previous criminal record;
(3) On the prisoner's industrial record while in prison,
showing the nature of his or her prison work or occupation and
the average number of hours per day he or she has been employed
in prison industry and recommending the nature and kinds of
employment which he or she is best fitted to perform and in which
the prisoner is most likely to succeed when he or she leaves
prison;
(4) On physical, mental and psychiatric examinations of the
prisoner conducted, insofar as practicable, within the two months
next preceding parole consideration by the board.
The board may waive the requirement of any such report when
not available or not applicable as to any prisoner considered for
parole but, in every such case, shall enter in the record thereof of the parole decision its reason for such the waiver: Provided,
That in the case of a prisoner who is incarcerated because such
that prisoner has been found guilty of, or has pleaded guilty to
a felony under the provisions of section twelve, article eight,
chapter sixty-one of this code or under the provisions of article
eight-b or eight-c of chapter sixty-one, the board may not waive
the report required by this subsection and the report shall
include a study and diagnosis which shall include an on-going
treatment plan requiring active participation in sexual abuse
counseling at an approved mental health facility or through some
other approved program: Provided, however, That nothing
disclosed by the person during such the study or diagnosis shall
may be made available to any law-enforcement agency, or other
party without that person's consent, or admissible in any court
of this state, unless such the information disclosed shall
indicate indicates the intention or plans of the parolee to do
harm to any person, animal, institution, or to property.
Progress reports of outpatient treatment shall be made at least
every six months to the parole officer supervising such person
the parolee. In addition, in such cases, the parole board shall
inform the prosecuting attorney of the county in which the person was convicted of the parole hearing and shall request that the
prosecuting attorney inform the parole board of the circumstances
surrounding a conviction or plea of guilty, plea bargaining and
other background information that might be useful in its
deliberations. The board shall also notify the victim, or the
parents or guardian of the victim if the victim is still a minor,
of the person being considered for parole in such a case.
Before releasing any penitentiary prisoner on parole, the
board of parole shall arrange for the prisoner to appear in
person before the board and the board may examine and interrogate
him or her on any matters pertaining to his or her parole,
including reports before the board made pursuant to the
provisions hereof of this section. The board shall reach its
own written conclusions as to the desirability of releasing such
a prisoner on parole. The warden or superintendent shall furnish
all necessary assistance and cooperate to the fullest extent with
the board of parole. All information, records and reports
received by the board shall be kept on permanent file.
The board and its designated agents shall at all times have
access to inmates imprisoned in any penal or correctional
institutions of this state or in any city or county jail in this state, and shall have has the power to obtain any information or
aid necessary to the performance of their duties from other
departments and agencies of the state or from any political
subdivision thereof of the state.
The board shall, if so requested by the governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation thereon on the
applications to the governor.
Prior to At least ten days before making such a
recommendation to the governor for pardon, reprieve or
commutation, and prior to releasing any penitentiary person
prisoner on parole, the board shall notify the sentencing judge
and prosecuting attorney. at least ten days before such
recommendation or parole Any person released on parole shall
participate as a condition of parole in the litter control
program of the county to the extent directed by the board, unless
the board specifically finds that this alternative service would
be inappropriate.
ARTICLE 13. CORRECTIONS MANAGEMENT.
§62-13-4. Powers and duties of commissioner or director
generally; compensation and funds of inmates.
To accomplish the purposes of this article, the commissioner
(or the director of corrections management if one is appointed)
shall:
(a) Exercise general supervision over the administration of
the institutions under the jurisdiction of the department
division;
(b) Establish separate subdivisions, to be headed by deputy
directors, of adult services, youth services, and other
subdivisions as he or she deems considers advisable, which may be
headed by the same or different deputy directors. which said
The deputy directors must be graduates of an accredited college
or university with a degree in sociology, psychology, social
science or a related field;
(c) Establish rules and regulations in writing governing all
subdivisions and institutions within the department division;
(d) Establish an in-service training program for personnel
of the department division;
(e) Classify the institutions of the department division,
varying according to such factors such as security features,
program, age and sex of inmates, physical stature or size,
character of inmates;
(f) Establish by rule, promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
a system of classification of inmates, through a reception and
examination procedure, and in each institution a classification
committee and procedure for assignment of inmates within the
programs of the institution;
(g) Cooperate with the department of education and the arts
in providing for the education of inmates in all institutions
within the department division, subject to section thirteen-f,
article two, chapter eighteen of this code;
(h) Supervise the treatment, custody and discipline of all
inmates and the maintenance of the institutions and their
industries;
(i) Establish a system of compensation for inmates of the
correctional institutions of the state who perform good and
satisfactory work either within the industrial program or in the
servicing and maintenance of the correctional institutions or any
other institutions or camps within the state. The commissioner
(or the director, with the approval of the commissioner) may
establish a graduated scale of compensation to be paid to
inmates in accordance with their skill in industry.
The principal officer of any correctional institution, on
request of an inmate, may expend up to one half of the money so
earned by such the inmate on behalf of the family of such the
inmate. The remainder of the money so earned, after deducting
amounts expended as aforesaid provided in this subsection, shall
be accumulated to the credit of the inmate and be paid to the
inmate at such times as may be prescribed by such rules and
regulations rule. Such Funds so accumulated on behalf of
inmates shall be held by the principal officer of each
institution, under a bond approved by the attorney general.
The accumulation of such total funds, not necessary for
current distribution, shall be invested, with the approval of the
commissioner or as appropriate, the director through the West
Virginia municipal bond commission, in short term bonds or
treasury certificates or equivalent of the United States. Bonds
and certificates so purchased shall remain in the custody of the
state treasurer. The earnings from investments so made shall be
reported to the principal officer of each institution from time
to time, as earned, and shall be credited to the respective
accounts of such the institutions by the commission.
When such earnings are transferred to the respective institutions, they shall be credited by the principal officer to
the credit of and for the benefit of the inmates' activities
account.
NOTE: The purpose of this bill is to require that the
Division of Corrections and the Board of Parole comply with
the State Administrative Procedures Act with regard to certain
rule-making activities. Except for filing requirements, present
law exempts the Board of Parole from all provisions of the
Administrative Procedures Act and also exempts "rules relating
to or contested cases involving the conduct of inmates or other
persons admitted to public institutions." This bill would not
include "contested cases" within the Act's application. It
would, however, require the Division of Corrections and the Board
of Parole to file certified copies of all other proposed rules or
rules in effect with the Legislative Rule-making Review Committee
by July 1, 1996 for review by that committee, consistent with the
rule-making provisions of the Act.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
This bill is recommended for passage in the 1996 regular
session by the Legislative Oversight Committee on Regional Jail
and Correctional Facility Authority.