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.