H. B. 2820
(By Delegates Stemple, Shelton, Pino,
Angotti, Capito, Hunt and J. Smith)
[Introduced February 17, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact section five, article thirteen,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to the
incarceration of criminals and the authority of the
commissioner of the division of corrections; and authorizing
the commissioner of the division of corrections to contract
with other detention facilities for incarceration and care
of inmates.
Be it enacted by the Legislature of West Virginia:
That section five, article thirteen, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 13. CORRECTIONS MANAGEMENT.
§62-13-5. Commitments; transfers.
All persons committed sentenced by courts of criminal and juvenile jurisdiction, for custody in penal to serve a period of
incarceration in a penitentiary, prison or a correctional or
training institutions institution under the jurisdiction of the
commissioner of corrections shall be committed to an appropriate
institution, but the custody of the commissioner of the division
of corrections. The commissioner, (or the director if the
commissioner so approves) shall have or his or her designee, has
the authority to and may order the transfer of any person to any
appropriate institution within the department division of
corrections or within the department of military affairs and
public safety. The commissioner has full discretionary authority
to contract with any county jail, regional jail or other
appropriate detention facility for the incarceration and care of
inmates, in the event that the division of correction's
facilities are full.
However, No person committed as a juvenile shall be held in
any institution except one for training and care of children; and
no one may be transferred to a state prison correctional
institution unless the crime for which such the person is
incarcerated was of the grade which would warrant direct
commitment to the prison division of corrections.
The commissioner, (or the director if the commissioner so
approves) or his or her designee, may transfer any prisoner or
inmate who is mentally disturbed and who would more appropriately be treated in an institution under the jurisdiction of the
department of mental division of health, to such department the
division, subject to the approval of the commissioner of the
department of mental director of health; and may transfer any
prisoner or inmate to an appropriate mental facility for
specialized medical treatment.
NOTE: The purpose of this bill is to update language in the
provision addressing the custody of inmates. It also authorizes
the Commissioner of the Division of Corrections to contract with
other detention facilities for incarceration and care of inmates.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.