H. B. 4468
(By Delegates Collins, Stemple,
Williams, Claypole, Varner and Kuhn)
[Introduced February 18, 1998; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section three, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to changing the
name or adding to the list of correctional institutions
which are under the control of the commissioner of the
division of corrections.
Be it enacted by the Legislature of West Virginia:
That section three, 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.
§25-1-3. Institutions managed by commissioner of corrections;
certain institutions transferred to department of
health and human resources and state board of
health; establishment of work and study release
units; civil service coverage.
The commissioner of corrections shall manage, direct, control and govern the following penal or correctional
institutions and any others placed under his or her jurisdiction
West Virginia Penitentiary at Moundsville Mount Olive
West Virginia State Prison for Women at Pence Springs;
West Virginia Medium Security Prison at Huttonsville
Denmar Correctional Center;
Pruntytown Correctional Center; and
West Virginia Industrial Home for Girls at Salem;
West Virginia Industrial Home for Boys at Grafton;
Davis Center (formerly the West Virginia Forestry Camp for
Boys at Davis);
Leckie Center (formerly the West Virginia Forestry Camp for
Boys at Leckie); and
Anthony Correctional Center.
(formerly the Anthony
Jurisdiction of and title to the West Virginia children's
home at Elkins are hereby transferred to the department of health
and human resources, which shall be the custodian of all deeds
and other muniments of title to such property and shall cause
such as are susceptible of recordation to be recorded in the
proper offices. Notwithstanding any provision of this code to
the contrary, the West Virginia children's home shall be managed
and controlled by a superintendent appointed by the commissioner of health and human resources.
The commissioner is hereby authorized to establish work and
study release units as extensions and subsidiaries of those state
institutions under his or her control and authority. Such work
and study release units may be coeducational and shall be
managed, directed and controlled as provided for in this article.
The commissioner is hereby authorized to serve as a member
of the commission for distribution of surplus foods and exercise
all powers and authority otherwise granted to him or her in this
article to implement the pilot program for delivery of leftover
prepared foods at any institution under his or her control and
supervision, pursuant to section seventeen, article two, chapter
eighteen of this code.
Any person employed by the office of public institutions who
on the effective date of this article is a classified civil
service employee shall, within the limits contained in section
two, article six, chapter twenty-nine of this code, remain in the
civil service system as a covered employee.
NOTE: The purpose of this bill is to change the name or add
to the list of institutions which are under the control of the
Commissioner of the Division of Corrections.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.