H. B. 2895
(By Delegates Leach, Beane, Seacrist, Kelley and Proudfoot)
[Passed March 13, 1998; in effect ninety days from passage.]
AN ACT to amend and reenact section five, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the treatment of
mentally ill persons in correctional facilities; authorizing
the commissioner of corrections to establish policies
relating to treatment and providing that certain rules and
policies are not applicable to correctional facilities.
Be it enacted by the Legislature of West Virginia:
That section five, 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.
§25-1-5. Rules and regulations.
The commissioner of corrections is authorized to: make rules
for the proper execution of his or her duties and powers; to
adopt rules for the government of the institutions named or
referred to in section three of this article; adopt rules for the
administration of the financial and business affairs of the institutions named or referred to in section four of this
article; and establish policies regarding the treatment of
mentally ill inmates, which reflect the safety and security
concerns specific to correctional facilities. Notwithstanding
any provisions of law to the contrary, the division of
corrections is not subject to the rules promulgated by the board
of health for the treatment of mentally ill patients nor the
mandates developed pursuant to E. H. v. Matin.
Consistent with the provisions of this article, the
commissioner shall prescribe the duties of the persons connected
with the management of institutions. When any of the guards,
attendants, or other employees are uniformed, the commissioner
shall prescribe the design, or designs, of the uniforms, which
shall be dissimilar to the design of the uniform worn by the
members of the state police. When the institution is located in,
or in close proximity to, a municipality, no guard, attendant or
other employee may wear the cap or caps designed by the
commissioner as part of the uniform, when not actually on duty
connected with his or her employment, nor shall the municipality
adopt for its police officers or other employees a uniform which
is similar in design to the uniform adopted by the commissioner.
Any person violating the provisions of this article is
guilty of a misdemeanor and, upon conviction, shall be punished
by a fine of not more than ten dollars, or by imprisonment for
ten days, or both.