COMMITTEE SUBSTITUTE

FOR

H. B. 4057

(By Delegates Givens, Douglas,

Fleischauer, Facemyer and Trump)

(Originating in the Committee on the Judiciary)

[February 3, 1998]



A BILL to repeal section one-a, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact sections two and five of said article, all relating to the powers and duties of the regional jail and correctional facility authority; authorizing the regional jail and correctional facility authority to construct new facilities or renovate existing facilities to be used for secure predisposition detention of juveniles, for juvenile transfer facilities and for juvenile correctional facilities; and reducing the number of members of the regional jail and correctional facility standards commission.

Be it enacted by the Legislature of West Virginia:
That section one-a, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that sections two and five of said article be amended and reenacted, all to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-2. Definitions.

Unless the context indicates clearly otherwise, as used in this article:
(a) "Authority" or "West Virginia Regional Jail Authority" means the West Virginia regional jail and correctional facility authority created by this article.
(b) "Board" means the governing body of the authority.
(c) "Bonds" means bonds of the authority issued under this article.
(d) "Cost of construction or renovation of a local jail facility, or regional jail facility or juvenile facility" means the cost of all lands, water areas, property rights and easements, financing charges, interest prior to and during construction and for a period not exceeding six months following the completion of construction, equipment, engineering and legal services, plans, specifications and surveys, estimates of costs and other expenses necessary or incidental to determining the feasibility or practicability of any such project, together with such other expenses as may be necessary or incidental to the financing and the construction or renovation of such facilities and the placing of same in operation.
(e) "County" means any county of this state.
(f) "Federal agency" means the United States of America and any department, corporation, agency or instrumentality created, designated or established by the United States of America.
(g) "Fund" means the regional jail and correctional facility development fund as provided for in section ten of this article.
(h) "Government" means state and federal government, and any political subdivision, agency or instrumentality thereof, corporate or otherwise.
(i) "Inmate" means any adult person properly committed to a local or regional jail facility or a correctional facility.
(j) "Local jail facility" means any county facility for the confinement, custody, supervision or control of adult persons convicted of misdemeanors, awaiting trial or awaiting transportation to a state correctional facility.
(k) "Municipality" means any city, town or village in this state.
(l) "Notes" means any notes as defined in section one hundred four, article three, chapter forty-six of this code issued under this article by the authority.
(m) "Correctional facility" means any correctional facility, penitentiary, detention center or other correctional institution operated by the department division of corrections or the division of juvenile services.
(n) "Regional jail facility" or "regional jail" means any facility operated by the authority and used jointly by two or more counties for the confinement, custody, supervision or control of adult persons convicted of misdemeanors or awaiting trial or awaiting transportation to a state correctional facility.
(o) "Regional jail commission" means the commission established in section eight of this article.
(p) "Revenues" means all fees, charges, moneys, profits, payments of principal of, or interest on, loans and other investments, grants, contributions and all other income received by the authority.
(q) "Security interest" means an interest in the loan portfolio of the authority which interest is secured by an underlying loan or loans and is evidenced by a note issued by the authority.
(r) "Work farm" shall have has the same meaning as that term is used in section twelve, article eight, chapter seven of this code authorizing work farms for individual counties.
§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 division of corrections for the providing 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.
(a) The regional jail and correctional facility 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 following powers:
(a) (1) To acquire, own, hold and dispose of property, real and personal, tangible and intangible.;
(b) (2) To lease property, whether as lessee or lessor.;
(c) (3) To mortgage or otherwise grant security interests in its property.;
(d) (4) 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 adult correctional facility or juvenile facility or the establishment of any correctional facility industries project.;
(e) (5) 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) (6) 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) (7) To sue and be sued, implead and be impleaded, and complain and defend in any court.;.
(h) (8) To adopt, use and alter at will a corporate seal.;
(i) (9) To make bylaws for the management and regulation of its affairs pursuant to article three, chapter twenty-nine-a of this code.;
(j) (10) To appoint officers, agents and employees.;
(k) (11) 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) (12) Without in any way limiting any other subdivision of this section, to To accept grants from and enter into contracts and other transactions with any federal agency.;
(m) (13) 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) (14) 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) (15) 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) (A) 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.;
(2) (B) 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) (16) 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) (17) 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 refund.;
(r) (18) 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) (19) 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) (20) 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) (21) 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) (22) 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.
(23) To exercise all power and authority provided in this article necessary and convenient to plan, finance, construct, and renovate juvenile detention centers and juvenile 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.
(b) The regional jail and correctional facility authority shall propose legislative rules, for promulgation in accordance with the provisions of article three, 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 other applicable provisions of this code.



NOTE: The purpose of this bill is to authorize the Regional Jail and Correctional Facility Authority to renovate, plan, finance and construct secure facilities for the detention or incarceration of juveniles.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

This bill is recommended for passage in the 1998 session by the Joint Legislative Task Force on Juvenile Foster Care, Detention and Placement.