Senate Bill No. 424
(By Senators Love, Dempsey, Hunter, White, Rose and Ross)
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[Introduced January 31, 2003; referred to the Committee on the
Judiciary.]
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A BILL to amend article one, chapter twenty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
sixteen-a, relating to governor's authority to authorize the
commissioner of corrections to consent to transfers of
convicted offenders under a federal treaty.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
sixteen-a, to read as follows:
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
ยง25-1-16a. Governor's authority to authorize commissioner of
corrections to consent to transfer of convicted
offenders under a federal treaty
.
If a treaty in effect between the United States and a foreign
country provides for the transfer or exchange of convicted
offenders to the country of which they are citizens or nationals,
the governor may, on behalf of the state and subject to the terms
of the treaty, authorize the commissioner of the division of
corrections to consent to the transfer of offenders and take any
other action necessary to initiate the participation of the state
in the treaty, upon application of the offender.
NOTE: The purpose of this bill is to allow the governor
authority to authorize the commissioner of corrections to consent
to transfers of convicted offenders under a federal treaty.
This section is new; therefore, strike-throughs and
underscoring have been omitted.