Senate Bill No. 80

(By Senator Deem)

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[Introduced January 17, 1996; referred to the Committee on
the Judiciary.]
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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.