COMMITTEE SUBSTITUTE

FOR

H. B. 2966

(By Delegates Craig, Leach, Morgan, Stephens, Hubbard and Smirl)


(Originating in the Committee on the Judiciary)


[January 14, 2002]
A BILL to amend and reenact section twelve, article eight, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the use of correction officers and home confinement officers to supervise county inmates at county farms.

Be it enacted by the Legislature of West Virginia:
That section twelve, article eight, chapter seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-12. Establishment, operation and maintenance of county work farms.

The county court commission of every county shall have authority, in its discretion, is authorized to establish, operate and maintain a county work farm to be operated in connection with the county jail and to be used for the confinement of such prisoners as are assigned thereto as hereinafter set forth provided. The county court commission of such counties is hereby given authority is authorized to purchase land and other property in connection with the establishment of such work farms a work farm and to construct such buildings, fences and other facilities and to acquire such any personal property as is necessary for the maintenance and operation of to maintain and operate the such work farm. The cost of such work the farm shall be paid out of the general county fund or out of any other funds available to the county court commission for such that purpose.
The county court commission shall have authority is authorized to direct all make needed improvements and repairs necessary for the proper upkeep of such the work farm and provide for the necessary food, medical treatment and safekeeping of the prisoners. confined therein. The work farm shall be operated in conjunction with the county jail. The sheriff of the county shall be responsible for and have the same control of the prisoners assigned to such the work farm as he or she has over the prisoners confined in the county jail and shall make such any rules and regulations as are necessary for the care and treatment of prisoners as are assigned thereto, and shall take proper care for their discipline, diet, clothing and safety. He or she shall also determine the type and amount of labor each prisoner shall perform performs, and shall perform all other duties with regard to the prisoners confined at such the work farm as he or she is required to perform with regard to prisoners in the county jail. He or she shall employ such deputies, correction officers, or home confinement officers as guards as may be necessary to supervise and insure the safekeeping of the prisoners. Prisoners committed to said the work farm as hereinafter provided shall be required to perform such those duties and labor as are reasonably permitted by their physical and mental condition. Provision shall be made for truck and vegetable gardens to be tended by the prisoners, and for the raising of such fruit, hogs, poultry, and other farm products as can be economically and profitably produced. All food products produced on said the work farm shall be used first for feeding prisoners either at said the work farm, or at the county jail and any surplus may be used at any other county institution.
The county court commission shall employ a superintendent for such the county work farm, whose duty it shall will be to supervise the work done and to care for and maintain the property and equipment used in connection therewith and who shall serve until his or her successor is elected and qualified employed as hereinafter provided. Such The superintendent shall also keep an accurate record of the number of prisoners confined at said the county work farm and an accurate record of the cost of operating said the work farm and shall make a report thereof to the county court commission at such times as the court may require, but at least twice each year. He or she shall also keep a record of the farm products produced on such the farm, and of the disposition of said the products. Such The superintendent and his or her assistants shall be employed by the county court commission on the written recommendation of the sheriff and shall be appointed as deputy sheriffs of said county with all the authority, privileges and immunities of deputy sheriff: Provided, That the county court commission shall may not employ any such superintendent or assistant superintendent unless it is satisfied that he or she possesses the high character, appropriate ability and energy suitable for such that employment.
The judge of the circuit court , intermediate, common pleas, or such other court as has having jurisdiction for the trial of felony cases in such counties the county, may upon his or her own motion or upon application of any prisoner confined in the county jail either in term time or in vacation, transfer any prisoner confined in the county jail except those under conviction for a felony to said the work farm or transfer any prisoner confined at said the work farm to the county jail. Proper order shall be entered in the order book of such the court of every such the action. In sentencing any person to the county jail said the judge may stipulate in said the order of sentence whether such the person shall be confined in the county jail or confined at said the work farm. This provision, however, shall may not be construed to give authority to justices of the peace, magistrates, judges of police courts, or mayors of municipalities to sentence persons to said the work farm, nor to transfer persons from the county jail to said the work farm.
Should any inmate of such the work farm escape therefrom he or she shall be punished under the same provisions of law as if he or she had escaped from the county jail.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.