Senate Bill No. 441
(By Senators Blatnik and Bowman)
____________
[Introduced February 19, 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 section 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
sections six and ten, article twenty, chapter thirty-one of
said code, all relating to the division of corrections;
institutions under the jurisdiction of the division of
corrections; transfer of jurisdiction to the commissioner of
corrections for establishment of a medium security
correctional facility for women and a boot camp facility at
the northern regional jail and correctional facility;
expiration of the regional jail commission for the counties
of Brooke, Hancock, Ohio and Marshall; and housing of county inmates in county jails.
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; and that sections six and ten,
article twenty, chapter thirty-one of said code be amended and
reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
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 or her jurisdiction
or control:
West Virginia Penitentiary at Moundsville;
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 Regional Jail and Correctional Center at
Moundsville.
Exclusive jurisdiction of, title to, and sole responsibility
for operation of the Northern Regional Jail and Correctional
Facility in Moundsville are hereby transferred to the
commissioner of corrections, who shall, on or before the first
day of July, one thousand nine hundred ninety-seven, establish at
that facility a one-hundred-fifty-bed medium security
correctional facility for women and a one-hundred-fifty-bed boot
camp facility for youthful offenders.
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
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 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 31. CORPORATIONS.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND PRISON AUTHORITY.
§31-20-6. Regional jail commissions; composition; appointment;
terms; compensation and expenses.
Upon the formation of specific regions by the regional jail
and correctional facility authority for the establishment of
regional jails as provided in section five of this article, there
shall be created in each region a regional jail commission
composed of the following members: The sheriff from each county
in the region or his or her designated representative; a member
of the county commission from each county in the region chosen by
the commission or a designated representative; one mayor from
each county in the region to be appointed by the regional jail
and correctional facility authority from a list of names
submitted by the West Virginia municipal league, or his or her
designated representative; and three persons from the region who
are representative of the areas of law, medicine and education to be appointed by the regional jail and correctional facility
authority and who shall serve for a term of three years:
Provided, That any local regional jail authority or commission
established prior to the effective date of this article shall be
recognized as meeting the requirements of this section, at the
option of the local regional jail authority or commission:
Provided, however, That on and after the first day of July, one
thousand nine hundred ninety-six, the region comprised of Brooke,
Hancock, Ohio and Marshall counties shall cease to exist and
those counties shall return to their former practice of housing
inmates in their respective county jails.
Any appointed member whose term has expired shall serve
until his or her successor has been duly appointed and qualified.
Any person appointed to fill a vacancy shall serve only for the
unexpired term. Any appointed member is eligible for
reappointment. Members of the commission are not entitled to
compensation for services performed as members but are entitled
to reimbursement for all reasonable and necessary expenses
actually incurred in the performance of their duties. The county
commission from each county in the region shall provide the
commission with secretarial and other necessary services.
§31-20-10. Regional jail and correctional facility development
fund.
(a) The regional jail and correctional facility development
fund is hereby created and shall be a special account in the
state treasury. The fund shall operate as a revolving fund
whereby all appropriations and payments thereto may be applied
and reapplied by the authority for the purposes of this article.
Separate accounts may be established within the special account
for the purpose of identification of various revenue resources
and payment of specific obligations.
(b) Revenues deposited into the fund shall be used to make
payments of interest and shall be pledged as security for bonds,
security interests or notes issued or lease-purchase obligations
entered into with another state entity by the authority pursuant
to this article.
(c) Whenever the authority determines that the balance in
the fund is in excess of the immediate requirements of this
article, it may request that such excess be invested until
needed. In such case such excess shall be invested in a manner
consistent with the investment of the temporary state funds.
Interest earned on any money invested pursuant to this section shall be credited to the fund.
(d) If the authority determines that funds held in the fund
are in excess of the amount needed to carry out the purposes of
this article, it shall take such action as is necessary to
release such excess and transfer it to the general fund of the
state treasury.
(e) The fund shall consist of the following:
(1) Amounts raised by the authority by the sale of bonds or
other borrowing authorized by this article;
(2) Moneys collected and deposited in the state treasury
which are specifically designated by acts of the Legislature for
inclusion into the fund;
(3) Contributions, grants and gifts from any source, both
public and private, which may be used by the authority for any
project or projects;
(4) All sums paid by the counties pursuant to subsection (h)
of this section; and
(5) All interest earned on investments made by the state
from moneys deposited in this fund.
(f) The amounts deposited in the fund shall be accounted for
and expended in the following manner:
(1) Amounts raised by the sale of bonds or other borrowing
authorized by this article shall be deposited in a separate
account within the fund and expended for the purpose of
construction and renovation of correctional facilities and
regional jails for which need has been determined by the
authority;
(2) Amounts deposited from all other sources shall be
pledged first to the debt service on any bonded indebtedness,
including lease-purchase obligations entered into by the
authority with another state entity or other obligation incurred
by borrowing of the authority;
(3) After any requirements of debt service have been
satisfied, the authority shall requisition from the fund such
amounts as are necessary to provide for payment of the
administrative expenses of this article;
(4) The authority shall requisition from the fund after any
requirements of debt service have been satisfied such amounts as
are necessary for the maintenance and operation of the
correctional facilities or regional jails or both that are
constructed pursuant to the plan required by this article and any
county jail in Brooke, Hancock, Ohio and Marshall counties, and shall expend such amounts for such purpose. The fund shall make
an accounting of all amounts received from each county by virtue
of any filing fees, court costs or fines required by law to be
deposited in the fund and amounts from the jail improvement funds
of the various counties. After the expenses of administration
have been deducted, the amounts expended in the respective
regions from such sources shall be in proportion to the
percentage the amount contributed to the fund by the counties in
each region bears to the total amount received by the fund from
such sources;
(5) Notwithstanding any other provisions of this article,
sums paid into the fund by each county pursuant to subsection (h)
of this section for each inmate shall be placed in a separate
account and shall be requisitioned from the fund to pay for the
costs specified in that subsection incurred at the regional jail
facility or county jail at which each such inmate was
incarcerated; and
(6) Any amounts deposited in the fund from other sources
permitted by this article shall be expended in the respective
regions based on particular needs to be determined by the
authority.
(g) After a regional jail facility becomes available
pursuant to this article for the incarceration of inmates, each
county within the region, except the region comprised of Brooke,
Hancock, Ohio and Marshall counties, shall incarcerate all
persons whom the county would have incarcerated in any jail prior
to the availability of the regional jail facility in the regional
jail facility except those whose incarceration in a local jail
facility used as a local holding facility is specified as
appropriate under the standards and procedures developed pursuant
to section nine of this article and who the sheriff or the
circuit court elects to incarcerate therein. On and after the
first day of July, one thousand nine hundred ninety-six, the
counties of Brooke, Hancock, Ohio and Marshall shall return to
their former practice of housing county inmates in their
respective county jails.
(h) When inmates are placed in a regional jail facility
pursuant to subsection (g) of this section, the county shall pay
into the regional jail and correctional facility development fund
a cost per day for each inmate so incarcerated to be determined
by the regional jail and correctional facility authority
according to criteria and by procedures established by regulations pursuant to article three, chapter twenty-nine-a of
this code to cover the costs of operating the regional jail
facilities of this state to maintain each such inmate which costs
shall not include the cost of construction, acquisition or
renovation of said regional jail facilities: Provided, That each
regional jail facility operating in this state shall keep a
record of the date and time of the incarceration of an inmate,
and a county may not be charged for a second day of incarceration
for an individual inmate until that inmate has remained
incarcerated for more than twenty-four hours. Thereafter, in
cases of continuous incarceration, subsequent per diem charges
shall be made upon a county only as subsequent intervals of
twenty-four hours pass from the original time of incarceration.
(i) On and after the first day of November, one thousand
nine hundred ninety-three, the amounts as and when specified in
section thirty-a, article fifteen, chapter eleven of this code
shall be paid into the regional jail and correctional facility
development fund. All of the specified amounts deposited in this
fund shall be pledged to the repayment of the principal and
interest on any revenue bonds or refunding bonds authorized by
article twenty, chapter thirty-one of this code, or any lease-purchase obligations entered into with another state entity. On
or prior to the first day of January of each year, commencing the
first day of January, one thousand nine hundred ninety-four, the
authority shall certify to the tax commissioner of the state the
principal and interest requirements for the following fiscal year
on any revenue bonds or refunding bonds issued or to be issued or
lease-purchase obligations entered into or to be entered into
with another state entity, on or after the first day of January,
one thousand nine hundred ninety-four, and for which moneys
contained within the regional jail and correctional facility
development fund have been, or will be, pledged for repayment
pursuant to this section: Provided, That before the first day of
November, one thousand nine hundred ninety-three, the authority
shall also certify to the state tax commissioner the principal
and interest requirements or lease-purchase obligations entered
into by the authority with another state entity for the fiscal
year ending on the thirtieth day of June, one thousand nine
hundred ninety-four, on any revenue bonds or refunding bonds
issued or lease-purchase obligations entered into by the
authority with another state entity, by the authority on or after
the first day of January, one thousand nine hundred ninety-four. The maximum aggregate face value of bonds that may be issued by
the authority, for which moneys in the regional jail and
correctional facility development fund are to be pledged, is
sixty-one million dollars.
(j) The Legislature hereby finds and declares that the
supreme court of appeals of West Virginia has held that the
revenue bonds authorized under the school building authority act,
as enacted in article nine-d, chapter eighteen of this code prior
to the twentieth day of July, one thousand nine hundred ninety-
three, constituted an indebtedness of the state in violation of
section four, article ten of the constitution of West Virginia.
The Legislature hereby further finds and declares that this
section, as well as section thirty, article fifteen, chapter
eleven of this code have been reenacted during the second
extraordinary session of the West Virginia Legislature in the
year one thousand nine hundred ninety-three, and that section
thirty-a of said article has been enacted in an attempt to comply
with the holding of the supreme court of appeals of West
Virginia. The Legislature hereby further finds and declares that
the continued construction and improvement of jail and prison
facilities and the dedication of the consumers sales tax pursuant to said section to finance such construction and improvement are
for the use and benefit of the state, its counties, its
municipalities and its other political subdivisions, and such
construction and improvement serves the vital public purpose of
assuring the physical safety of each citizen and the public at
large. The Legislature hereby further finds and declares that it
intends, through the reenactment of this section and section
thirty, article fifteen, chapter eleven of this code and the
enactment of section thirty-a of said article to dedicate a
source of state revenue to a special fund for the purpose of
paying a portion of the debt service on bonds and refunding bonds
issued and lease-purchase obligations entered into by the
authority with another state entity, subsequent to the first day
of January, one thousand nine hundred ninety-four, the proceeds
of which will be utilized for the construction and improvement of
jail and prison facilities. The Legislature hereby further finds
and declares that it intends, through the reenactment of this
section and section thirty, article fifteen, chapter eleven of
this code, and the enactment of section thirty-a of said article
to comply with the provisions of section four, article ten;
section six, article ten; section six-a, article ten; and section one, article twelve of the constitution of West Virginia.
NOTE: The purpose of this bill is to exempt the four
counties of the northern panhandle from the Regional Jail and
Correctional Facility Authority's jurisdiction. It provides that
Brooke, Hancock, Ohio and Marshall counties' regional jail
commission shall cease to exist and those counties shall return
to their former practice of housing county prisoners at their
respective county jails. It transfers exclusive jurisdiction and
control of the Northern Regional Jail and Correctional Facility
at Moundsville to the Commissioner of Corrections, who is
directed to establish a 150-bed medium security facility for
women and a 150-bed boot camp at the Northern Regional Jail and
Correctional Facility by July 1, 1997.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.