Senate Bill No. 80
(By Senator Deem)
____________
[Introduced January 17, 1996; referred to the Committee on
the Judiciary.]
____________
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
juvenile facilities review panel; members; duties;
functions; compensation; access to information; reports;
termination; and expanding duties to include inspection of
family law master proceedings, department of health and
human resources operations and child protective services
operations.
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/juvenile justice
committee; compensation; expenses.
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: (1) Review and inspect family law
master proceedings and records thereof; child protective services
operations and records thereof; and department of health and
human resources operations and records thereof as pertain to
child welfare proceedings; (2) 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 and (3) make public reports of such
reviews: Provided, That the panel shall may 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 may 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, proceeding, service or division
pursuant to the provisions of this section, the panel shall have
prompt and direct access to the head of the facility, proceeding,
service or division 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
Delegates.
Pursuant to the provisions of article ten, chapter four of
this code, the juvenile facilities review panel/juvenile justice
committee shall continue to exist until the first day of July,
one thousand nine hundred ninety-five ninety-six, to allow for
the completion of a performance audit by the joint committee on
government operations.
NOTE: This bill would expand duties of the juvenile
facilities review panel to include inspection of family law
master proceedings, department of health and human resources
operations and child protective services operations.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.