H. B. 4494
(By Delegates Manuel, Staton and Webb)
[Introduced February 14, 2002; referred to the
Committee on the Judiciary.]
A BILL to amend article twenty, chapter thirty-one of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
five-e, relating to monitoring inmate telephone calls in
regional jails.
Be it enacted by the Legislature of West Virginia:
That article twenty, chapter thirty-one of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section five-e,
to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-5e. Monitoring of inmate telephone calls; procedures and
restrictions; attorney-client privilege protected and exempted.
The executive director or his or her designee is authorized to
monitor, intercept, record and disclose telephone calls to or from
inmates housed in regional jails in accordance with the following
provisions:
(1) All inmates housed in regional jails shall be notified in
writing that their telephone conversations may be monitored,
intercepted, recorded and disclosed;
(2) Only the executive director and his or her designee shall
have access to recordings of inmates' telephone calls unless
disclosed pursuant to subdivision (4) of this subsection;
(3) Notice shall be prominently placed on or immediately near
every telephone that may be monitored;
(4) The contents of inmates' telephone calls may be disclosed
to the appropriate law-enforcement agency only if the disclosure
is:
(A) Necessary to safeguard the orderly operation of the
regional jails;
(B) Necessary for the investigation of a crime;
(C) Necessary for the prevention of a crime;
(D) Necessary for the prosecution of a crime;
(E) Required by an order of a court of competent jurisdiction;
or
(F) Necessary to protect persons from physical harm or the
threat of physical harm;
(5) All recordings of telephone calls must be destroyed within
twelve months unless disclosed pursuant to subdivision (4) of this
subsection; and
(6) To safeguard the sanctity of the attorney-client
privilege, a telephone line that is not monitored shall be made
available for telephone calls between an inmate and his or her
attorney. Such calls shall not be monitored, intercepted, recorded
or disclosed in any matter.
NOTE: The purpose of this bill is to permit the West Virginia
Regional Jail and Correctional Facility Authority to monitor,
intercept, record and disclose all telephone calls made to or from
inmates housed in its facilities, except when such calls are
protected by the attorney- such as client privilege.
§31-20-5e is new; therefore, strike-throughs and underscoring
have been omitted.