Senate Bill No. 111
(By Senators Wagner, Bowman, Wiedebusch, Yoder and Minear)
[Introduced January 23, 1996;
referred to the Committee on Government Organization
A BILL to amend and reenact section sixteen-b, article five,
chapter forty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
continuing the juvenile facilities review panel until the
first day of July, one thousand nine hundred ninety-seven.
Be it enacted by the Legislature of West Virginia:
That section sixteen-b, article five, chapter forty-nine of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 5. JUVENILE PROCEEDINGS.
§49-5-16b. Juvenile facilities review panel; compensation;
The supreme court of appeals shall appoint and maintain a five-member panel, consisting of five persons who are willing to
serve in such capacity, to visit, inspect and interview residents
of all juvenile institutions, detention facilities and places in
or out of the state wherein West Virginia juveniles may be held
involuntarily, to make public reports of such reviews: Provided,
That the panel shall not visit, inspect or interview adult
inmates of county jails, regional jails or facilities under the
direction of the commissioner of corrections used for the
incarceration of adult offenders or detainees: Provided,
however, That the panel shall have no authority to enforce jail
and prison standards for county jails and regional jails as they
pertain to adults confined therein. In visiting and inspecting
any facility pursuant to the provisions of this section, the
panel shall have prompt and direct access to the head of the
facility for any purpose pertaining to the performance of
functions and responsibilities under this section. The members
so appointed shall serve without compensation for their time,
however, each member shall receive the same expense reimbursement
as is paid to members of the Legislature for their interim duties
as recommended by the citizens legislative compensation
commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.
Copies of the panel's report shall be submitted annually to
the president of the Senate and the speaker of the House of
Pursuant to the provisions of article ten, chapter four of
this code, the juvenile facilities review panel shall continue to
exist until the first day of July, one thousand nine hundred
ninety-five ninety-seven, to allow for the completion of a
performance audit monitoring of compliance with recommendations
contained in the preliminary performance review and to allow for
further review by the joint committee on government operations.
NOTE: The purpose of this bill is to continue the Juvenile
Facilities Review Panel until July 1, 1997, to allow for
monitoring of compliance with recommendations contained in the
preliminary performance review and to allow for further study by
the Joint Committee on Government Operations pursuant to the West
Virginia Sunset Law.
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 by the Joint Committee on
Government Operations for passage during the 1996 Regular Session
of the Legislature.