A BILL to amend and reenact section eight, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to aiding escape and other offenses; and providing that persons who deliver certain items to adults and juveniles in custody or confinement are subject to penalties of both fine and incarceration.

Be it enacted by the Legislature of West Virginia:
That section eight, article five, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-8. Aiding escape and other offenses relating to adults and juveniles in custody or confinement; penalties.

(a) Where any adult or juvenile is lawfully detained in custody or confinement in any county or regional jail, state correctional facility, juvenile facility or juvenile detention center, if any other person shall deliver anything into the place of custody or confinement of the adult or juvenile with the intent to aid or facilitate the adult's or juvenile's escape or attempted escape therefrom, or if the other person shall forcibly rescue or attempt to rescue an adult or a juvenile therefrom, the other person is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than five years.
(b) Where any adult or juvenile is lawfully detained in custody or confinement in any county or regional jail, a state correctional facility or a juvenile facility or juvenile detention center, if any other person shall deliver any money or other thing of value, any written or printed matter, any article of merchandise, food or clothing, any medicine, utensil or instrument of any kind to such adult or juvenile without the express authority and permission of the supervising officer and with knowledge that such adult or juvenile is lawfully detained, such other person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars and confined in the county or regional jail not less than three nor more than twelve months: Provided,

That the provisions of this section do not prohibit an attorney or his or her employees from supplying any written or printed material to an adult or juvenile which pertains to that attorney's representation of the adult or juvenile.
(c) If any person transports any alcoholic liquor, nonintoxicating beer, poison, explosive, firearm or other dangerous or deadly weapon or any controlled substance as defined by chapter sixty-a of this code onto the grounds of any county or regional jail, state correctional facility, juvenile facility or juvenile detention center within this state and is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, such person is guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars or confined in a state correctional facility not less than one year nor more than five years, or both, or, in the discretion of the court, be confined in the county or regional jail not more than one year and fined not more than five hundred dollars.
(d) If any person delivers any alcoholic liquor, nonintoxicating beer, poison, explosive, firearm or other dangerous or deadly weapon, or any controlled substance as defined by chapter sixty-a of this code to an adult or juvenile in custody or confinement in any county or regional jail, state correctional facility, juvenile facility or juvenile detention center within this state and is unauthorized by law to do so, or is unauthorized by the persons supervising the facility, such person is guilty of a felony and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars or confined in a state correctional facility not less than one year nor more than five years, or both.
(e) Whoever purchases, accepts as a gift, or secures by barter, trade or in any other manner, any article or articles manufactured at or belonging to any county or regional jail, state correctional facility, juvenile facility or juvenile detention center from any adult or juvenile detained therein is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars and confined in the county or regional jail not less than three nor more than twelve months: Provided,

That the provisions of this subsection do not apply to articles specially manufactured in any facility under the authorization of the persons supervising the facility and which are offered for sale within or outside of the facility.
(f) Whoever persuades, induces or entices or attempts to persuade, induce or entice any person who is in custody or confined in any county or regional jail, state correctional facility, juvenile facility or juvenile detention center to escape therefrom or to engage or aid in any insubordination to the persons supervising the facility is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars nor more than five hundred dollars and confined in the county or regional jail not less than three nor more than twelve months.

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(NOTE: The purpose of this bill is to provide that persons who deliver certain items to adults or juveniles in custody or confinement are subject to penalties of both fines and incarcerations.

§62-6-9 has been substantially rewritten; therefore, strike-throughs and underscoring have been omitted.)