Senate Bill No. 552

(By Senators Love, Helmick, Schoonover, Hunter and Ross)

____________

[Introduced February 17, 1999;

referred to the Committee on the Judiciary.]

____________




A BILL to repeal sections three, four and five, article five, chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to repeal section six, article thirteen, chapter sixty-two of said code; to amend and reenact section eleven, article one, chapter twenty-five of said code; and to further amend said article by adding thereto four new sections, designated sections eleven-a, eleven-b, eleven-c and eleven-d, all relating to the administration and personnel of the division of corrections; requiring preemployment drug testing; allowing designated employees to carry concealed deadly weapons; and allowing the commissioner to designate employees as correctional peace officers.

Be it enacted by the Legislature of West Virginia:
That sections three, four and five, article five, chapter twenty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section six, article thirteen, chapter sixty-two of said code be repealed; that section eleven, article one, chapter twenty-five of said code be amended and reenacted; and that said article be further amended by adding thereto four new sections, designated sections eleven-a, eleven-b, eleven-c and eleven-d, all to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.

§25-1-11. Officers and employees of corrections institutions.

The commissioner of corrections shall appoint a superintendent or warden for each institution under the control of the department division of corrections. The commissioner of corrections, or his or her designee, has the authority to manage and administer the finances, business, operations, security and personnel affairs of correctional units under the jurisdiction of the division of corrections. All persons employed at a state- operated correctional institution or correctional unit are subject to the supervision and approval of the chief executive officer and the authority of the commissioner of corrections, or his or her designee.
The superintendent or warden or administrator of each institution shall have or correctional unit has the power to appoint hire all assistants and employees required for the management of the institution in his or her charge; but the number of such the assistants and employees, and their compensation, shall first be approved by the state commissioner of corrections. All prospective correctional employees shall pass a preemployment drug screening prior to being hired. It shall be is the duty of the commissioner of corrections to investigate any complaint made against the superintendent warden or administrator of any institution, and also against any other officer or employee thereof, if the same has not been investigated.
The commissioner shall fix the salaries or compensation of the officers and employees of the institutions named in section three of this article. The salaries or compensation of all officers and employees of the several institutions under the control of the commissioner of corrections shall be paid monthly, to include the last day of each month. The superintendents and other officers and employees of each of such institutions shall be paid salaries commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given or paid to such superintendents, officers or employees as all or part of their salary; however, such superintendents, officers and employees may be provided meals, household facilities and supplies as may be necessary for them to perform their duties, if such superintendents, officers and employees agree to pay the reasonable cost thereof as established by the commissioner of corrections.
§25-1-11a. Duties of wardens and administrators; bond; residence.

The warden or administrator is the chief executive officer of his or her assigned correctional institution and has the responsibility for the overall management of all operations within his or her assigned institution. He or she is in charge of its internal police and management, and shall provide for feeding, clothing, working and taking care of the inmates, subject to the control of the state commissioner of corrections. The warden or administrator shall promptly enforce all orders and rules made by the commissioner. He or she shall protect and preserve the property of the state and may for that purpose punish the inmates in the manner authorized by the commissioner of corrections. The warden or administrator shall have the custody and control of all the real and personal property at the correctional institution, subject to the orders of the commissioner of corrections. The warden or administrator shall be bonded by the board of risk and insurance management. The warden shall reside in the warden's residence at the correctional institution or in another residence approved by the commissioner of corrections.
§25-1-11b. Appointment of deputy warden; duties; bond.

The warden of a correctional institution, with the approval of the commissioner, shall hire a deputy warden. The deputy warden's duties shall be fixed by the warden, as approved by the commissioner. In the absence of the warden the deputy warden shall perform all the duties required of the warden. The deputy warden shall be bonded by the board of risk and insurance management.
§25-1-11c. Hiring of other assistants and employees; duties of correctional employees; right to carry weapons; powers of correctional peace officers.

(a) The warden or administrator of the correctional institutions or units shall, in the manner provided in section eleven of this article, hire all assistants and employees required for the management of the correctional institutions or units, including a sufficient number of correctional employees to preserve order and enforce discipline among the inmates, to prevent escapes, and to remove all persons convicted and sentenced to the custody of the division of corrections, from the place confined to a correctional institution, all of whom shall be under the control of the warden. The commissioner may issue a certificate authorizing any correctional employee to carry firearms and concealed weapons while on duty. Any correctional employee authorized by the commissioner has the right, without a state license, to carry firearms and concealed weapons while on duty. Each correctional employee, authorized by the commissioner, shall carry with him or her a certificate, authorizing him or her to carry a firearm or concealed weapon when performing his or her official duties as a correctional employee, bearing the official signature of the commissioner and warden or administrator. The right is extended to a correctional employee during the time the employee travels from place to place within the state for the purpose of removing prisoners from jails to a correctional institution of the division of corrections, and during the time the employee is pursuing and apprehending escaped inmates, and during any other time the employee is performing official duties as a correctional employee. A correctional employee does not have the right to carry a firearm or concealed weapon for any other purpose or during any other time, including when traveling to and from the employee's residence and a correctional institution, unless the employee has obtained a state license in the manner prescribed in article seven, chapter sixty-one of this code.
(b) The commissioner of corrections may designate correctional employees as correctional peace officers who have the following powers:
(1) To enforce rules and laws necessary for the control and management of correctional units and the maintenance of public safety that is within the scope of responsibilities of the division of corrections;
(2) To detain or arrest, for violations of state law committed on the property of, or related to, any state correctional institution;
(3) To conduct investigations, pursue, apprehend and make arrests with or without a warrant, in connection with escapes from the custody of the commissioner or any state correctional institution; and
(4) To execute criminal process on persons in the custody of the commissioner, or who surrender themselves at any state correctional institution.
§25-1-11d. Compensation of employees approved by commissioner; traveling and other expenses; payment of salaries.

The commissioner of corrections shall approve the salaries of all employees of the division of corrections. Salaries shall be commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given or paid to the employee as all or part of their salary. The employees may be provided meals, household facilities and supplies as may be necessary for them to perform their duties, if the employees agree to pay the reasonable cost as established by the commissioner of corrections. In the event of an emergency, such as a riot or other disturbance, the commissioner may authorize meals be provided to employees at no cost. Additionally, the commissioner may establish a procedure to reimburse employees reasonable costs in the event the employee's personal property is stolen or damaged by an inmate. All persons employed under this article are entitled to be reimbursed for necessary traveling and other expenses. The salaries, expenses and appropriations provided for the employees under the commissioner's jurisdiction shall be paid in the same manner as are those of other state employees and agencies and on a payment schedule set forth by the state auditor.



NOTE: The purpose of this bill is to update language addressing the administration and personnel of the division of corrections. It also requires preemployment drug testing, authorizes the Commissioner to designate any employees to carry concealed deadly weapons and allows the Commissioner to designate employees as correctional peace officers.

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

§§25-1-11a, 11b, 11c and 11d are new; therefore, strike-throughs and underscoring have been omitted.