Senate Bill No. 548
(By Senators Wooton, Ball, Bowman, Dittmar, Kessler, Ross,
Schoonover, Snyder, Buckalew, Deem and Kimble)
[Originating in the Committee on the Judiciary;
reported February 13, 1998.]
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
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.
(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