H. B. 2027


(By Delegates Collins and Williams)
[Introduced January 13, 1999; referred to the
Committee on the Judiciary.]




A BILL

to amend article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section eighteen, relating to authorizing the division of corrections to monitor, intercept, review, copy and disclose incoming and outgoing mail of inmates in correctional institutions; setting forth requisite conditions to justify monitoring the mail of inmates; creating a felony for certain violations concerning monitoring, intercepting, reviewing, copying and disclosing inmates' mail; and requiring the commissioner of corrections to propose legislative rules setting forth procedures to monitor, intercept, review, copy and disclose inmates' mail.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section eighteen, to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.

§25-1-18. Monitoring of inmate and patient mail; procedures and restrictions; correspondence concerning legal matters excepted.

(a) The commissioner of corrections or his or her designee has authority to monitor, intercept, open, review, copy and disclose any mailings or intended mailings from or to an adult inmate or patient of any state penal or correctional institution in accordance with the following provisions:
(1) All adult inmates or patients of the state penal or correctional institutions shall be notified in writing that their outgoing or incoming mail may be monitored, intercepted, opened, reviewed, copied and disclosed;
(2) Except as provided for in this subsection, only the commissioner and his or her designee has authority to monitor inmates' and patients' mail;
(3) A notice shall be prominently placed on or immediately near every mail receptacle or other place designated for the collection or delivery of mail in which monitoring may take place;
(4) The contents of an outgoing or incoming mail may be disclosed only if the disclosure is:
(A) Necessary to safeguard the orderly operation of the penal or correctional institution;
(B) Necessary for the investigation of a crime;
(C) Necessary for the prevention of a crime;
(D) Necessary for the prosecution of a crime; or
(E) Required by an order of a court of competent jurisdiction;
(5) All copies made of any ingoing or outgoing mail, unless being disclosed in accordance with the preceding subdivision, shall be destroyed within twelve months after the copying; and
(6) In recognition of the sanctity of the attorney-client privilege, the commissioner may not monitor, intercept, review, copy or disclose any outgoing or incoming mail sent by or intended for the legal counsel of an inmate or patient unless first authorized by a court of competent jurisdiction or unless done with the clear consent of the inmate or patient. A person violating this paragraph is guilty of a felony and, upon conviction thereof, shall be fined not less than three thousand dollars nor more than five thousand dollars, or imprisoned in a state correctional facility not less than two years nor more than four years, or both fined and imprisoned.
(b) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code for the monitoring, intercepting, reviewing, copying and disclosing of inmates' and patients' mail.
(c) The provisions of this section only apply to those persons serving a sentence of imprisonment in a facility under the direction of the commissioner of corrections.

NOTE: The purpose of this bill is to authorize the division of corrections to monitor incoming and outgoing mail of inmates in correctional institutions. The bill creates a felony for opening mail intended for or sent from an inmate's or patient's attorney.

This section is new; therefore, strike-throughs and underscoring have been omitted.