H. B. 4221


(By Delegates Cann, Kominar, Coleman,
Michael, Martin, Pino and Border)
[Introduced February 2, 1998; referred to the
Committee on Government Organization then Finance.]



A BILL to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eight, relating to authorizing the commissioner of the division of corrections to assess inmates in state penal and correctional facilities reasonable charges for health care and treatment services provided to them by the state.

Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eight, to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.

§25-1-8. Charges assessed against inmates for services provided by state.
(a) The commissioner is authorized to assess inmates serving a sentence in any state penal or correctional facility reasonable charges for health care and treatment services provided to them by the state. The inmate shall be notified of the amount of the assessment.
(b) The charges assessed against an inmate may be deducted directly from the inmate's trustee account without the inmate's consent. The inmate shall be notified of the amount deducted and the charges to which it has been applied.
(c) Each inmate shall be provided, quarterly, with a statement detailing all deposits into, withdrawals from and balance remaining in the inmate's fund account during the preceding three months.
(d) The commissioner shall promulgate rules implementing this section prior to making any assessment under this section.


NOTE: The purpose of this bill is to allow the Commissioner of the Division of Corrections to assess inmates in state penal and correctional facilities reasonable charges for health care and treatment services provided to them by the state.

This section is new; therefore, strike-throughs and underscoring have been omitted.