H. B. 4683
(By Delegates Stemple and Manuel)
[Introduced February 25, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section fifteen, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to diagnostic and
classification divisions of the division of corrections; and
removing restrictions and obsolete language concerning the
location of the divisions.
Be it enacted by the Legislature of West Virginia:
That section fifteen, article one, 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 1. ORGANIZATION AND INSTITUTIONS.
§25-1-15. Diagnostic and classification divisions.
The commissioner of corrections may establish
and classification division within Huttonsville correctional
center, West Virginia penitentiary at Moundsville and/or the Pruntytown correctional center, formerly known as the West
Virginia industrial home for boys at Grafton divisions.
Notwithstanding any provision of the code to the contrary,
all persons committed to the custody of the commissioner of the
department division of corrections for presentence diagnosis and
classification and all persons sentenced to the West Virginia
penitentiary custody of the division of corrections shall, upon
imposition of such the commitment or sentence, undergo diagnosis
and classification. in a diagnostic and classification division
located at the Huttonsville correctional center, the West
Virginia penitentiary at Moundsville, or the Pruntytown
correctional center The diagnostic and classification divisions
shall be maximum security facilities: Provided , That the
commissioner of the department of corrections shall be authorized
to provide, at his option, classification and diagnostic services
for female offenders through contract with federal correctional
institutions and to provide diagnostic and classification
services for youthful offenders at a youth center operated under
the authority of the department of corrections: Provided,
however, That nothing contained herein shall operate to conflict
with or interfere with predisposition diagnostic procedures for
juveniles contained in chapter forty-nine of this code
Nothing herein shall be construed to authorize the
establishment of a diagnostic and classification division upon the grounds of the Weston state hospital or in a regional jail
operated by the regional jail and prison authority.
NOTE: The purpose of this bill is to give the Division of
Corrections flexibility in where it may test and classify state
sentenced inmates, which will help it in managing the
overcrowding problem. Additionally, since there is no longer a
Weston state hospital, the bill removes an obsolete language
regarding the hospital.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.