H. B. 2698
(By Delegate Ashley and Staton)
[Introduced January 14, 1998; referred to the
Committee on the Judiciary.]
A BILL 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.
(a) 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.
(b) Notwithstanding the provisions of subsection (a) of this
section, the Legislature hereby approves the site at the former
Spencer state hospital for a private prison facility: Provided,
That the contractor shall comply with the remaining provisions of
this article: Provided, however, That the contractor shall not
be required to comply with subsection (b) of section five of this
article: Provided further, That the contractor shall not be
required to obtain the approval of the regional jail authority as
required by section seven of this article.
NOTE: The purpose of this bill is to remove the former
Spencer State Hospital as a potential site for a private prison
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.