Senate Bill No. 371

(By Senators Blatnik, Bowman, Wiedebusch and Macnaughtan)

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[Introduced February 13, 1996; referred to the Committee on Government Organization; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact sections one and three, article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section one, article five, chapter twenty-eight of said code, all relating to the commissioner of the division of corrections; powers and duties; the penitentiary at Moundsville; providing that the former penitentiary remain under the commissioner's jurisdiction and control, provided that he or she maintain it and keep it secure until authorized by the Legislature to sell or transfer it and that he or she report to the Legislature by the first day of December, one thousand nine hundred ninety-six, as to the feasibility of renovating that facility for renewed use as a correctional facility; and updating certain terms.

Be it enacted by the Legislature of West Virginia:
That sections one and three, article one, chapter twenty- five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section one, article five, chapter twenty-eight of said code 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 bond shall be paid from appropriations made for the commissioner's office. Such 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 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 jurisdiction or control:
West Virginia Penitentiary at Moundsville, subject to the provisions of section one, article five, chapter twenty-eight of this code;
Mount Olive Correctional Complex at 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 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.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

ARTICLE 5. THE PENITENTIARY.

§28-5-1. Continuation; management; property.

The West Virginia Penitentiary heretofore established and located in Marshall County and which is no longer used as a state correctional facility shall be continued, and shall be managed, directed and controlled as provided in article one, chapter twenty-five, of this code. remain under the jurisdiction of the commissioner of corrections: Provided, That, the property, fixtures and appurtenances comprising that facility, including, but not limited to, the former warden's residence, shall be maintained and kept secure from trespass or vandalism by the commissioner of corrections until the Legislature authorizes the facility's reopening as a correctional facility or its sale or its transfer to another state, county or municipal agency: Provided, however, That on or before the first day of December, one thousand nine hundred ninety-six, the commissioner of corrections shall report to the Legislature his or her conclusions as to the future use of the facility. The lot of ground situated near Moundsville in said county of Marshall, containing about ten acres, heretofore selected by the board of public works as a site for the penitentiary, under an act of the Legislature passed the nineteenth day of February nineteenth, eighteen hundred and sixty-six, and the lot of ground containing about four and one-half acres adjoining the lot above-mentioned conveyed to this state by deed dated the nineteenth day of July, eighteen hundred and ninety-two, also one lot of ground situated on the waters of Tom's Run, in Marshall County, containing ten acres, and conveyed to this state by deed dated the fifteenth day of December, eighteen hundred and ninety-seven, also a tract of land of about sixty-three acres, situated on Grave Creek, in Marshall County, and conveyed to this state by deed dated the sixteenth day of December, nineteen hundred and one, shall be and remain the property of the state for the use of the state, but only as a penitentiary correctional facility, in accordance with this section.



NOTE: The purpose of this bill is to provide that the old penitentiary at Moundsville remain under the jurisdiction of the Commissioner of Corrections, provided that he maintain it and keep it secure until authorized by the Legislature to sell, lease or transfer it and that he report to the Legislature on or before December 1, 1996, as to the future use of the facility. It also updates certain terms.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.