ENGROSSED
Senate Bill No. 723
(By Senators Wooton, Craigo, Jackson, Walker,
White, Buckalew and Scott)
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[Introduced February 23, 1998; referred to
the Committee on Government Organization;
and then to the Committee on Finance.]
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A BILL to repeal chapter one hundred eighty-five of the Acts of
the Legislature, one thousand nine hundred fifty-five; and
to amend and reenact section four, article five-e, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, all relating to the Kanawha
home for children; transferring all responsibility for same
to the division of juvenile services within the department
of military affairs and public safety; authorizing the
division of juvenile services to enter into a lease
agreement with the county commission of the county of
Kanawha for same; providing for same to be operated, managed
and maintained as a secure predispositional detention
facility for certain juveniles under the control of the division of juvenile services; and providing for an
effective date.
Be it enacted by the Legislature of West Virginia:
That chapter one hundred eighty-five of the Acts of the West
Virginia Legislature, one thousand nine hundred fifty-five, be
repealed; and that section four, article five-e, chapter forty- nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
follows:
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-4. Transfer of Kanawha home for children to the division
of juvenile services.
(a) "Kanawha home for children" means the county home for
the detention of juvenile delinquents or children charged with
delinquency as established by the county commission of Kanawha
County pursuant to the provisions of a local bill, House Bill No.
141, enacted by the Legislature on the fourteenth day of
February, one thousand nine hundred fifty-five, as set forth in
the Acts of the West Virginia Legislature, Regular Session, 1955,
ch. 185.
(b) After the effective date of the amendment to this
section, enacted during the regular session of the Legislature,
one thousand nine hundred ninety-eight, the division of juvenile services shall assume all fiscal responsibility for funding,
operating, maintaining, administering and managing the Kanawha
home for children. To this end, the director of the division of
juvenile services may enter into a lease agreement with the
county commission of the county of Kanawha, for the premises and
all improvements, appurtenances, equipment and furnishings on the
premises constituting the Kanawha home for children, and may
operate, manage and maintain the facility as one of the several
centers under the division's supervision and control which
provides secure predispositional detention of juveniles,
including juveniles who have been transferred to adult criminal
jurisdiction under section ten, article five of this chapter and
juveniles who are awaiting transfer to a juvenile corrections
facility.