H. B. 2541
(By Delegates Walters, Seacrist, Farris,
Hunt, Amores, Rowe and Miller)
[Introduced March 13, 1997; referred to the
Committee on Government Organization then Finance.]
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, relating to transferring the
management of the Kanawha Home for Children to the
department of health and human resources.
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 to read as follows:
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;
West Virginia State Prison for Women at Pence Springs;
West Virginia Medium Security Prison at Huttonsville;
West Virginia Industrial Home for Girls at Salem;
West Virginia Industrial Home for Boys 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).
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 any 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
of health and human resources.
Jurisdiction of and title to the Kanawha Home for Children 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 the property and shall cause any as are
susceptible of recordation to be recorded in the proper offices.
Notwithstanding any provision of this code to the contrary, the
Kanawha Home for Children shall be managed and controlled by a
superintendent appointed by the commissioner of health and human
resources.
The commissioner 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 The
work and study release units may be coeducational and shall be
managed, directed and controlled as provided for in this article.
The commissioner 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.
NOTE: The purpose of this bill is to transfer management
and operation of the Kanawha Home for Children to the Department
of Health and Human Resources.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.