Senate Bill No. 548

(By Senators Wooton, Ball, Bowman, Dittmar, Kessler, Ross, Schoonover, Snyder, Buckalew, Deem and Kimble)

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[Originating in the Committee on the Judiciary;

reported February 13, 1998.]

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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 updating the list of facilities under the direction of the commissioner 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 or control:
West Virginia Penitentiary at Moundsville;
Mount Olive correctional complex;
West Virginia State Prison for Women at Pence Springs;
West Virginia Medium Security Prison at Huttonsville;
Huttonsville correctional center;
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 center (formerly the Anthony correctional center);
Denmar correctional center;
West Virginia industrial home for youth;
Pruntytown correctional center; and
Northern West Virginia correctional center.
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 the property and shall cause record those that 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 The 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.
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(NOTE: This bill updates the list of facilities under the direction of the commissioner of corrections.

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