Senate Bill No. 368
(By Senators Blatnik, Schoonover and Sharpe)
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[Introduced February 13, 1996; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section three, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the division of
corrections; and requiring the commissioner to determine the
number of offenders who receive any type of compensation and
report to the Legislature.
Be it enacted by the Legislature of West Virginia:
That section three, 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 as follows:
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
control:
West Virginia Penitentiary at Moundsville Mt. 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 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 work and study release units may be
coeducational and shall be managed, directed and controlled as
provided for in this article.
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.
The commissioner shall determine the number of offenders
subject to the jurisdiction of the division of corrections who
receive social security income of any type, veteran's pensions or
any other type of compensation or income and report the results
to the Legislature on or before the first day of July, one
thousand nine hundred ninety-six.
NOTE: The purpose of this bill is to require the
Commissioner of Corrections to determine the number of offenders
who receive any type of income and to report this to the
Legislature by July 1, 1996.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.