Senate Bill No. 424
(Senators Love, Dempsey, Hunter, White, Rowe and Ross, original sponsors)
[Passed March 8, 2003; in effect from passage.]
AN ACT 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 requiring consent
of inmate; and requiring inmate be informed of rights and
procedures in a language he or she understands.
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.
§25-1-16a. Governor's authority to authorize commissioner of
corrections to consent to transfer of inmates 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 and with the consent of the offender, authorize the
commissioner of corrections to consent to the transfer or exchange
of inmates in his or her custody and take any other action
necessary to initiate the participation of this state in the
treaty. No transfer may occur pursuant to the provisions of this
section until the inmate is informed of his or her rights and the
procedures involved in his or her native language unless it is
determined that the inmate's knowledge of English is sufficient.