H. B. 2447
(By Delegate Wright)
[Introduced January 27, 1999; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article six, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to boot camp; and
providing that the beginning age of eligibility of
appropriate inmates is age thirteen rather than age
eighteen.
Be it enacted by the Legislature of West Virginia:
That section four, article six, chapter twenty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. BOOT CAMP.
§25-6-4. Eligibility.
(a) Appropriate inmates may participate in the boot camp
program in accordance with the following criteria:
(1) One who is not less than eighteen thirteen years of age nor more than twenty-eight years of age;
(2) One who is medically, physically and psychologically fit
to participate in the program;
(3) One who volunteers for the program;
(4) One who has been convicted of a felony and has been
sentenced to the custody of the commissioner of corrections for
a period of incarceration of not less than one year;
(5) One who was not convicted of murder in the first degree
or murder in the second degree;
(6) One who was not convicted of kidnapping;
(7) One who was not convicted of first or second degree
sexual assault;
(8) One who was not convicted of any offense pursuant to
article eight-d, chapter sixty-one of this code;
(9) One who was not convicted of incest;
(10) One who has not been previously convicted of a felony;
and
(11) Such other criteria as the commissioner of the division
of corrections may promulgate pursuant to chapter twenty-nine-a
of this code.
(b) The circuit court of conviction may direct that a person
be admitted or excluded from participation in the state boot camp
program. The commissioner, pursuant to operational policies and
procedures, may in his or her discretion, direct placement of an inmate in a boot camp program.
(c) Any placement in the boot camp shall be is subject to
the extent funding is available or appropriated and subject to
the availability of space in the boot camp: Provided, That
nothing in this section shall give gives any court the power to
hold the division of corrections or any officer or employee of
the division in contempt of court for failure to adhere to a
circuit court directive that a person be placed in the state boot
camp program if space or funding is unavailable.
NOTE: The purpose of this bill is to lower the minimum age
from 18 years to 13 years for those persons eligible in the boot
camp programs.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.