H. B. 2698
(By Delegates Ashley and Staton)
[Passed March 14, 1998; in effect ninety days from passage.]
AN ACT to amend and reenact section ten, article five, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to private prisons
and removing the former Spencer state hospital as a
potential site for a private prison facility.
Be it enacted by the Legislature of West Virginia:
That section ten, article five, 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 5. PRIVATE PRISONS.
§25-5-10. Site selection.
The regional jail authority shall approve the site for the
proposed facility. Approval shall be in accordance with
legislative rules promulgated in accordance with chapter twenty- nine-a of this code. One such legislative rule shall establish
criteria for identifying and evaluating potential sites for
private prisons and shall provide for a public hearing or
hearings to allow reasonable participation in the selection process by the citizens of the area to be affected by the
construction and operation of a private prison.