ENGROSSED
Senate Bill No. 550
(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Ross,
Schoonover, Snyder, White, Buckalew, Deem, Kimble and Scott)
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[Originating in the Committee on the Judiciary]
reported April 2, l997.]
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A BILL to amend and reenact section five, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section five, article thirteen, chapter sixty-two of said
code, all relating to the regional jail and correctional
facility authority and the division of corrections;
clarifying that the division of corrections may house
violent offenders in regional jail facilities leased to the
division; clarifying that the division may contract for the
provision of certain goods and services; and providing that
the division of corrections and the regional jail and
correctional facility authority enter into an agreement
regarding the provision of certain goods or services to division of corrections inmates who are housed at regional
jail facilities.
Be it enacted by the Legislature of West Virginia:
That section five, article twenty, chapter thirty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section five, article
thirteen, chapter sixty-two of said code be amended and
reenacted, all to read as follows:
CHAPTER 31. CORPORATIONS.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
§31-20-5. Powers and duties of the authority; bidding
procedures.
The regional jail and correctional facility authority shall
complete a comprehensive study of all correctional facilities and
jail facilities in the state of West Virginia no later than the
first day of July, one thousand nine hundred eighty-six. This
study shall include an assessment of the physical conditions of
confinement within the institutions and the relative need for the
institutions when considering other available institutions of
confinement located within the state.
After completing this study, the authority shall submit a
plan to the governor on the establishment of regional jails in this state and the acquisition, construction or renovation of
facilities for correctional facilities. The authority shall
specify groups of counties within the state to be formed into
regions for the establishment of such regional jails. Within
each region a local jail commission shall be established and have
the powers and duties as set forth in section six of this
article.
The authority shall consider, but not be limited to, the
following when creating the plan establishing regions:
(1) The relative physical condition of the correctional
facilities and jail facilities located within the state;
(2) The transportation costs associated with the
establishment of centralized jail services, including, but not
limited to, the costs of transporting persons incarcerated in
regional jails to court appearances, to interviews with their
attorneys, and to have visitation with their families and
friends, all in any county seat of a county served by the
regional facility: Provided,
That consideration of such costs in
the creation of the plan shall not be construed to require the
transportation of inmates to interviews with their attorneys or
to have visitation with their families and friends when
visitation facilities and schedules are established in regional
jails;
(3) The availability of medical services and educational and
recreational opportunities;
(4) Information received from public hearings;
(5) The relative efficiency in the cost of jail services
caused by establishment of regional jail facilities;
(6) Available facilities which may be used as regional jails
or correctional facilities including, but not limited to,
existing county and state owned properties: Provided,
That if
the authority determines that an existing facility meets the
standards or could reasonably be made to meet the standards for
a regional jail or other correctional facility, the authority may
proceed to acquire such existing facility and compensate the
owner thereof in an amount not less than any local share expended
by the owner as matching moneys for the receipt of federal funds:
Provided, however,
That if the authority determines that an
existing facility does not meet the standards or could not
reasonably be made to meet the standards for a regional jail or
other correctional facility, the authority shall provide the
owner with a written statement setting forth the reasons
supporting such determination;
(7) The cost of acquiring, constructing, renovating,
operating and maintaining local jail facilities for use as local
holding facilities in each county and regional jail facilities for each county and the financing provided by this article;
(8) The leasing of any available portion of any regional
jail space and the leasing of available facilities of any
regional jail to the West Virginia department division of
corrections for the keeping and detaining of prisoners sentenced
to serve terms of incarceration under the custody of the West
Virginia department division of corrections for nonviolent crimes
and to contract with the department of corrections for the
providing for the provision of food, clothing, shelter and any
and all incidental costs in the care, control and maintenance of
such prisoners: Provided,
That such leasing does not restrict
space or facilities needed for the detention of county prisoners;
(9) The advisability and cost effectiveness of acquiring,
constructing, renovating, operating and maintaining work farms
serving one or more counties or regions; and
(10) The proximity of possible sites for the regional jail
facilities to residential areas, schools, churches and other
public buildings and facilities.
Public hearings pursuant to this section shall be held by
the authority in convenient locations throughout the state. No
less than ten public hearings shall be held for public comment on
the establishment of regional jails. The authority shall cause
to be published at least two weeks in advance of a hearing a Class II-0 legal advertisement, as provided in section two,
article three, chapter fifty-nine of this code, setting forth the
reason for the hearing and the time, place and date thereof. The
publication area shall be each county which may be included in a
region for the purposes of a regional jail with the county in
which the public hearing is held.
In addition to the hearing requirements above, before
beginning construction of a new facility for use as a regional
jail or correctional facility or before beginning renovation or
acquisition of an existing facility for use as a regional jail
facility, which existing facility is not already a jail,
correctional facility or secure facility for the detention of
juveniles or persons otherwise involuntarily committed or
confined, the authority shall hold a hearing for comment by all
members of the public on all aspects relating to the advisability
of the use of the site for that regional jail facility. The
authority shall promulgate legislative rules pursuant to chapter
twenty-nine-a of this code for the requirements for notice and
other procedures of said public hearings, which requirements
shall be as similar as practicable to those hearings conducted
regarding the construction of bridges by the West Virginia
department of highways.
The authority, as a public corporation and governmental
instrumentality exercising public powers of the state, may exercise all powers necessary or appropriate to carry out the
purposes of this article, including, but not limited to, the
power:
(a) To acquire, own, hold and dispose of property, real and
personal, tangible and intangible.
(b) To lease property, whether as lessee or lessor.
(c) To mortgage or otherwise grant security interests in its
property.
(d) To conduct examinations and investigations and to hear
testimony and take proof, under oath or affirmation at public or
private hearings, on any matter relevant to this article and
necessary for information on the construction or renovation of
any correctional facility or the establishment of any
correctional facility industries project.
(e) To issue subpoenas requiring the attendance of witnesses
and the production of books and papers relevant to any hearing
before such authority or one or more members appointed by it to
conduct any hearing.
(f) To apply to the circuit court having venue of such
offense to have punished for contempt any witness who refuses to
obey a subpoena, refuses to be sworn or affirmed, or refuses to
testify, or who commits any contempt after being summoned to
appear.
(g) To sue and be sued, implead and be impleaded, and complain and defend in any court.
(h) To adopt, use and alter at will a corporate seal.
(i) To make bylaws for the management and regulation of its
affairs pursuant to article three, chapter twenty-nine-a of this
code.
(j) To appoint officers, agents and employees.
(k) To make contracts of every kind and nature and to
execute all instruments necessary or convenient for carrying on
its business, including contracts with any other governmental
agency of this state or of the federal government or with any
person, individual, partnership or corporation to effect any or
all of the purposes of this article.
(l) Without in any way limiting any other subdivision of
this section, to accept grants from and enter into contracts and
other transactions with any federal agency.
(m) To borrow money and to issue its negotiable bonds,
security interests or notes and to provide for and secure the
payment thereof, and to provide for the rights of the holders
thereof, and to purchase, hold and dispose of any of its bonds,
security interests or notes: Provided,
That no bond or other
obligation may be issued or incurred unless and until the
Legislature by concurrent resolution has approved the purpose and
amount of each project for which proceeds from the issuance of such bond or other obligation will be used.
(n) To sell, at public or private sale, any bond or other
negotiable instrument, security interest or obligation of the
authority in such manner and upon such terms as the authority
considers would best serve the purposes of this article.
(o) To issue its bonds, security interests and notes payable
solely from the revenues or other funds available to the
authority therefor; and the authority may issue its bonds,
security interests or notes in such principal amounts as it
considers necessary to provide funds for any purposes under this
article, including:
(1) The payment, funding or refunding of the principal of,
interest on or redemption premiums on, any bonds, security
interests or notes issued by it whether the bonds, security
interests, notes or interest to be funded or refunded have or
have not become due; and
(2) The establishment or increase of reserves to secure or
to pay bonds, security interests, notes or the interest thereon
and all other costs or expenses of the authority incident to and
necessary or convenient to carry out its corporate purposes and
powers. Any bonds, security interests or notes may be
additionally secured by a pledge of any revenues, funds, assets
or moneys of the authority from any source whatsoever.
(p) To issue renewal notes or security interests, to issue bonds to pay notes or security interests and, whenever it
considers refunding expedient, to refund any bonds by the
issuance of new bonds, whether the bonds to be refunded have or
have not matured except that no such renewal notes shall be
issued to mature more than ten years from date of issuance of the
notes renewed and no such refunding bonds may be issued to mature
more than twenty-five years from the date of issuance.
(q) To apply the proceeds from the sale of renewal notes,
security interests or refunding bonds to the purchase, redemption
or payment of the notes, security interests or bonds to be
refunded.
(r) To accept gifts or grants of property, funds, security
interests, money, materials, labor, supplies or services from the
United States of America or from any governmental unit or any
person, firm or corporation, and to carry out the terms or
provisions of, or make agreements with respect to, or pledge, any
gifts or grants, and to do any and all things necessary, useful,
desirable or convenient in connection with the procuring,
acceptance or disposition of gifts or grants.
(s) To the extent permitted under its contracts with the
holders of bonds, security interests or notes of the authority,
to consent to any modification of the rate of interest, time of
payment of any installment of principal or interest, security or
any other term of any bond, security interest, note or contract or agreement of any kind to which the authority is a party.
(t) To sell security interests in the loan portfolio of the
authority. Such security interests shall be evidenced by
instruments issued by the authority. Proceeds from the sale of
security interests may be issued in the same manner and for the
same purposes as bond and note revenues.
(u) To promulgate rules, in accordance with the provisions
of chapter twenty-nine-a of this code, to implement and make
effective the powers, duties and responsibilities invested in the
authority by the provisions of this article and otherwise by law.
(v) To assume the responsibility for operation and
management of regional jail facilities under the jurisdiction of
the state regional jail and correctional facility authority. The
authority shall provide for the transportation of inmates between
the regional jails and local holding facilities for court
appearances.
(w) To exercise all power and authority provided in this
article necessary and convenient to plan, finance, construct,
renovate, maintain and operate or oversee the operation of
regional jails and correctional facilities.
(x) To cooperate with the commission for distribution of
surplus foods and to authorize the executive director to exercise
all power and authority provided in this section necessary to
implement the pilot program for delivery of leftover prepared foods at the regional jail located in Marshall County, pursuant
to section seventeen, article two, chapter eighteen of this code.
Notwithstanding any other provision of this section, the
regional jail and correctional facility authority shall no later
than the first day of November, one thousand nine hundred eighty- nine, submit a plan to the joint committee on government and
finance of the Legislature detailing the means by which the
authority will comply with the mandates of the supreme court of
appeals as to the structural and internal conditions and programs
of the correctional facilities in this state. In preparing such
plan, the authority is to allow for and consider any input from
the public.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 13. CORRECTIONS MANAGEMENT.
§62-13-5. Commitments; transfers.
All persons committed by courts of criminal and juvenile
jurisdiction for custody in penal, correctional or training
institutions correctional facilities under the jurisdiction of
the commissioner of corrections shall be committed to an
appropriate institution, but the commissioner (or the director if
the commissioner so approves) shall have the authority to and may
order the transfer of any person to any appropriate institution
within the department division or, with the agreement of the regional jail and correctional facility authority, to any
regional jail facility. The commissioner of corrections and the
regional jail and correctional facility authority shall enter
into an agreement on the provision of food, clothing, medical
care, education and other services and goods to be provided for
inmates housed by the division of corrections in regional jail
facilities. The division of corrections must provide all
necessary services and goods for its inmates housed in regional
jail facilities or reimburse the costs incurred by the regional
jail and correctional facility authority in providing services
and goods to division of corrections inmates. However, no person
committed as a juvenile shall be held in any institution except
one for training and care of children; and no one may be
transferred to a state prison unless the crime for which such
person is incarcerated was of the grade which would warrant
direct commitment to the prison.
The commissioner (or the director if the commissioner so
approves) may transfer any prisoner or inmate who is mentally
disturbed and who would more appropriately be treated in an
institution under the jurisdiction of the department of mental
health, to such department, subject to the approval of the
commissioner of the department of mental health; and may transfer
any prisoner or inmate to an appropriate mental facility for
specialized medical treatment.