ENGROSSED

Senate Bill No. 696

(By Senator Love)

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[Introduced March 26, 2001; referred to the Committee on the Judiciary.]

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A BILL to repeal sections six, seven and twenty-five, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section four, article fifteen, chapter seventeen of said code, relating to eliminating outdated provisions involving regional jail commissions; work by prisoners; and relief of sheriffs and others from liability for injuries to prisoners.

Be it enacted by the Legislature of West Virginia:
That sections six, seven and twenty-five, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; and that section four, article fifteen, chapter seventeen of said code be amended and reenacted to read as follows:
 ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§17-15-4. Work by prisoners; 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 considered by the county commission, the sheriff or the executive director of the West Virginia regional jail authority or designee regional jail commission not to pose a threat to the community if released for work purposes.
(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 executive director of the West Virginia regional jail authority or designee, the regional jail commission, the sheriff, his or her deputies, correctional officers or other persons 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 executive director of the West Virginia regional jail and correctional facility authority or designee 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 executive director of the West Virginia regional jail authority or designee 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 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 executive director of the West Virginia regional jail authority or designee, 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 labor as provided for in this section under the terms and conditions hereinbefore set forth.