Senate Bill No. 450

(By Senators White, McKenzie, Sprouse and Sharpe)

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[Introduced February 10, 1998; referred to the Committee on the Judiciary.]
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A BILL to amend and reenact section six, article five, chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section one, article eight, chapter sixty-two of said code; and to further amend said article by adding thereto a new section, designated section one-a, all relating to requiring inmates of a regional jail facility to be financially responsible for damage they cause to property owned by the division of corrections or a correctional facility; creating a misdemeanor for intentionally damaging property belonging to the division of corrections; providing upon conviction of either a misdemeanor offense of intentionally damaging corrections' property or upon a felony conviction for destroying property while involved in an escape attempt, that the commissioner of corrections automatically is awarded a judgment and lien for a like amount as the resulting monetary loss caused by the damage; and providing reciprocity be practiced with other states with similar laws in the event the other states afford full faith and credit to judgments rendered in this state.

Be it enacted by the Legislature of West Virginia:
That section six, article five, chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section one, article eight, chapter sixty-two of said code be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section one-a, all to read as follows:
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

ARTICLE 5. THE PENITENTIARY.

§28-5-6. Duties of warden as to money, valuables and earnings of convicts; judgments and liens in favor of commissioner of corrections.

The warden shall receive and take charge of the money and valuables found upon each convict upon his arrival at the penitentiary, and of all money sent to him or earned by him as compensation for work during his imprisonment. The warden shall keep an accurate account of all valuables, money and earnings so received, which account shall be subject to examination by the state commissioner of public institutions, and the warden shall deposit such money and earnings in one or more responsible banks to the credit of an account to be designated "warden's trustee fund." The warden shall credit such money and earnings to the convict entitled thereto, and shall pay the same to him or his family, or to those dependent upon him, in such amounts, at such times and in such manner, as the state commissioner of public institutions deems best; but at least ten percent of all money earned during his imprisonment shall be kept for and paid to such convict at the time of his discharge: Provided, That in the event a determination is made, pursuant to section one or one-a, article eight, chapter sixty-two of this code, that a convict has caused destruction or damage to any property owned by or under the control of the division of corrections or a correctional facility under its authority, the warden shall attach all or part of any moneys or valuables held under this section on behalf of the convict to satisfy the monetary loss occasioned by the destruction or damage, to the fullest extent the moneys or valuables will satisfy the loss. The warden shall deliver to the convict at the time of his discharge all valuables, money and earnings then credited to him, or in case of the death of such convict before discharge, the warden shall deliver such property to his personal representative: Provided, however, That in case a committee is appointed for such convict during the term of his imprisonment, the warden shall deliver to such committee, upon demand, all money and valuables belonging to the convict and in the custody of the warden, except money earned by such convict as compensation for work done during his imprisonment.
CHAPTER 62. CRIMINAL PROCEDURES.

ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST CONVICTS.

§62-8-1. Offenses by convicts; conspiracy; judgments and liens in favor of commissioner of corrections; reciprocity; preservation of civil remedies.

A person imprisoned or otherwise in the custody of the commissioner of corrections is guilty of a felony if he shall kill, wound or inflict other bodily injury upon an officer or guard of the penitentiary or medium security prison; or shall break, cut or injure any building, fixture or fastening of the penitentiary or medium security prison, or any part thereof, for the purpose of escaping or aiding any other convict to escape therefrom, or rendering the penitentiary or medium security prison less secure as a place of confinement;
or shall make, procure, secrete, or have in his possession, any instrument, tool or other thing for such purpose, or with intent to kill, wound or inflict bodily injury as aforesaid; or shall resist the lawful authority of an officer or guard of the penitentiary or medium security prison for such purpose or with such intent. Any three or more convicts so confined, or in such custody, who shall conspire together to commit any offense mentioned in this section shall each be deemed guilty of a felony: Provided, That, a conviction under this section involving the destruction or damage to property belonging to the division of corrections or any correctional facility under its authority, upon proper evidence of the extent of the monetary loss, shall entitle the commissioner to judgment for a monetary value up to the amount of monetary loss caused by the intentional act of the person as well as a lien in a like amount, against any property held by a warden on behalf of the person convicted hereunder under the provisions of section six, article five, chapter twenty-eight of this code, or against any other real or personal property held by or on behalf of the person in this state. The courts of this state shall afford reciprocity in accordance with similar judgments rendered outside of this state when enforcement is sought, to the extent the other state acknowledges the legitimate right of the commissioner to enforce a judgment under this section or grants full faith and credit to enforce a judgment rendered hereunder: Provided, however, That nothing contained in this section may be construed to limit any civil remedy existing at law to seek and secure a monetary award for property damage caused by a person.
§62-8-1a. Offenses by convicts; causing destruction or damage to property of division of corrections or correctional facility; judgments and liens in favor of commissioner of corrections; reciprocity; civil remedies preserved.
A person imprisoned or otherwise in the custody of the commissioner of corrections is guilty of a misdemeanor if he or she intentionally breaks, cuts or injures any building, fixture or fastening of a correctional facility or any part thereof, including any equipment or other thing of value. Upon conviction under this section, the person shall be required to make restitution in an amount sufficient to cover the monetary loss caused by the damage. A conviction under this section shall entitle the commissioner to a judgment as well as a lien against any property held by a warden on behalf of the convicted person under the provisions of section six, article five, chapter twenty-eight of this code, or to any other real or personal property of value held by or on behalf of the person in this state for monetary value up to the amount of monetary loss caused by the intentional act of the person. The courts of this state shall afford reciprocity in accordance with similar judgments rendered outside of this state against convicts in the event enforcement is sought, to the extent the other state acknowledges the legitimate right of the commissioner to enforce a judgment under this section or grants full faith and credit to enforce a judgment rendered hereunder: Provided, That nothing contained in this section may be construed to limit any civil remedy existing at law to seek and secure a monetary award for property damage caused by a person.
NOTE: The purpose of this bill is to require financial responsibility of inmates who cause damages at regional jails. The proposed legislation would create a misdemeanor for intentionally damaging property belonging to the division of corrections. It would further provide, upon conviction of either a misdemeanor offense of intentionally damaging corrections' property or upon a felony conviction for destroying property while involved in an escape attempt, that the commissioner of corrections automatically is awarded a judgment and lien for a like amount as the resulting monetary loss caused by the damage. Finally it would provide for reciprocity with states that afford full faith and credit to judgments resulting under the new law when enforcement was sought in the other state.

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

Section one-a is new; therefore, strike-throughs and underscoring have been omitted.