H. B. 2420
(By Delegates Hunt and Givens)
[Introduced January 27, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact sections one and twelve, article
five, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to amend
and reenact sections three and four, article fifteen of said
chapter seventeen, all relating to making the state convict
road force mandatory; how it is to be used; some convicts
ineligible; work that may be performed by convicts other
than on state road force; county convict forces; and certain
convicts ineligible.
Be it enacted by the Legislature of West Virginia:
That sections one and twelve, article five, chapter
seventeen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and sections
three and four, article fifteen of said chapter seventeen be amended and reenacted, all to read as follows:
ARTICLE 5. STATE CONVICT ROAD FORCE.
§17-5-1. State convict road force; how used; certain convicts
ineligible.
All male or female persons convicted of felony, and
sentenced to imprisonment or confinement in the penitentiary by
any court, or who may hereafter be sentenced for a felony,
whether actually sentenced to labor or not, or so many thereof as
may be required by the state road commissioner of the department
of highways, shall, as incident to such sentence or confinement,
constitute the state convict road force and as such may shall be
employed under the supervision of the state road commissioner of
the department of highways in building, surfacing and maintaining
roads under the supervision of the state road commissioner of the
department of highways, including all roads in the state road
system, and in and about any quarries, gravel pits, sandbanks,
crushers, brick kilns or other plants and places operated by the
state road commission department of highways for the manufacture
and acquisition of materials for use in the construction,
maintenance and repair of such roads: Provided, That any convict
convicted of a felony involving the use, presentment or
brandishing of a firearm or deadly weapon shall be ineligible for
service on the state convict road force. For purposes of this section, a firearm or deadly weapon shall be the same definition
as defined in section two, article seven, chapter sixty-one of
the code.
§17-5-12. Work which may be performed by convicts other than on
state road force.
Convicts of either sex not employed in the state convict
road force as provided by article five, chapter seventeen of this
code, may shall be employed by the warden under the directions of
the state commissioner of public institutions division of
corrections in work for the state penitentiary or any farm now or
hereafter under control of the state and in work for any public,
nonprofit enterprise or program sponsored by the state or any of
its governmental subdivisions, but such the convicts actually
confined within the penitentiary and not available for outside
work shall as far as possible, be used in the making of articles
required by the state departments and institutions. The warden
shall review the work history of every convict and determine
which type of work under this article the convict is best suited.
The warden may charge the various state departments and
institutions for such the
convict-made supplies the actual costs
of the materials used in the manufacture of the articles
furnished them and, in addition thereto, an amount sufficient to
defray the maintenance cost of the prisoners employed in such the
manufacture and to keep in repair with the
suitable replacements
the machinery, tools and appliances used in the manufacture of
such articles, to the extent of the fair market price thereof,
the amount of which shall be stated by the state commissioner of
public institutions division of corrections. Any articles and
supplies so manufactured and not required by the state
departments and institutions may be sold by the warden to
municipalities and counties and the agencies thereof, or to
federal agencies, upon the same terms and conditions, but in no
event shall such the
articles be sold to private persons, firms
or corporations, or be sold or consumed otherwise than by public
departments and institutions of government.
This article shall not impair any contracts now existing
between the state commissioner of public institutions and any
person, firm or corporation for the use of convict labor for
manufacturing within the walls of the penitentiary, nor prevent
the hiring of convicts either within or without the walls as
otherwise provided by this article.
ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§17-15-3. County commission to provide for working of prisoners;
methods of discipline, etc.; working prisoners outside county.
The county court may commission shall provide for the working of prisoners, and shall provide for their safekeeping
while working, and to this end the border lines of the county
shall constitute and be considered the walls of the jail, and the
representative of the county court commission having such the
work in charge is authorized to shall adopt safe and humane
methods of discipline and protection to enforce the provisions of
this article and to prevent the escape of the prisoners.
A county court shall commission may not employ prisoners
outside the county where they are convicted or imprisoned except
on the same terms and conditions and under the same rules and
regulations as govern their employment within the county in which
they were convicted.
§17-15-4. Work by prisoners; certain prisoners ineligible;
relief of sheriffs and others from liability for injuries,
etc.
(a) Any person convicted of a criminal offense and sentenced
to confinement in a county or regional jail shall, as incident to
such sentence of confinement, be required to perform labor within
the jail, as a trustee or otherwise, or in and upon the
buildings, grounds, institutions, roads, bridges, streams or
other public works of the county or the area within which the
regional jail is located if he or she meets the following
criteria:
(1) Such person is at least eighteen years of age;
(2) Such person is physically and mentally sound and has not
been exempted for medical reasons from such work by a licensed
physician or other medical professional; and
(3) Such person is deemed by the county commission, the
sheriff or the regional jail commission not to pose a threat to
the community if released for work purposes and has not been
convicted of a felony involving the use, presentment or
brandishing of a firearm or deadly weapon. For purposes of this
subdivision, a firearm or deadly weapon shall be the same
definition contained in section two, article seven, chapter
sixty-one of the code.
(b) The work described in the subsection (a) of this section
shall be performed under the supervision, care and custody of the
county commission, the regional jail commission, the sheriff, his
deputies, correctional officers or other person charged with
inmate supervision to perform maintenance or control litter in
this state.
(c) In order to effectuate the provisions of this section
the county commission, the sheriff or the regional jail
commission shall promulgate rules and regulations for the safe
and useful employment of inmate labor.
(d) Notwithstanding any provision of this code to the
contrary, the county commission, its members and agents, the regional jail commission, its members or agents, the sheriff, his
or her deputies, correctional officers and agents shall be immune
from liability of any kind for accidents, injuries or death to
such the
inmate except for accident, injury or death resulting
directly from gross negligence or malfeasance.
(e) The sheriff of the county in which the work is to be
performed, with the approval of the county commission, or the
regional jail commission may hire or appoint any personnel
necessary for the supervision of inmate labor.
(f) Nothing in this section shall be construed to allow the
use of inmate labor for private projects or as contract employees
of for profit businesses.
(g) Any inmate who performs work pursuant to the provisions
of this section shall receive as sole and full compensation
therefor, a reduction in his or her term of incarceration of not
more than twenty-five percent of the original sentence excluding
any other statutorily granted "good time." Each eight-hour
period of approved work shall entitle an inmate to one day's
sentence reduction: Provided,
That any "good time" earned
pursuant to the provisions of this section shall be in addition
to any other reduction of sentence the inmate may accumulate.
(h) Any person being held as a detainee or for contempt may
voluntarily participate in such the
labor as provided for in this
section under the terms and conditions hereinbefore set forth.
NOTE: The purpose of this bill is to make the state convict
road force mandatory. It also deals with other work that shall
be performed by the convict road force, together with work
required by prisoners in county or regional jails.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.