ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2991
(By Delegates Perry, Leach, Miley, Pino,
Roberts and Michael
)
[Passed April 9, 2005; in effect ninety days from passage.]
AN ACT to amend and reenact §61-5-8 of the Code of West Virginia,
1931, as amended, relating to adults and juveniles in custody
or confinement; providing criminal penalties for aiding
escape; specifying items that are unlawful to deliver to or be
possessed by individuals in custody or confinement; providing
criminal penalties for
possession of certain items
by adults
or juveniles in custody or confinement
in a jail, state
correctional facility, juvenile facility or juvenile detention
center
; providing criminal penalties for
transporting certain
items
onto the grounds of a jail, state correctional facility,
juvenile facility or juvenile detention center
; and providing
definitions.
Be it enacted by the Legislature of West Virginia:
That §61-5-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-8. Aiding escape and other offenses relating to adults and
juveniles in custody or confinement; penalties.
(a) Where any adult or juvenile is lawfully detained in
custody or confinement in any jail, state correctional facility,
juvenile facility or juvenile detention center, if any other person
delivers anything into the place of custody or confinement of the
adult or juvenile with the intent to aid or facilitate the adult's
or juvenile's escape or attempted escape therefrom, or if the other
person forcibly rescues or attempts to rescue an adult or a
juvenile therefrom, the other person is guilty of a felony and,
upon conviction thereof, shall be confined in a state correctional
facility not less than one nor more than ten years.
(b) Where any adult or juvenile is lawfully detained in
custody or confinement in any jail, a state correctional facility
or a juvenile facility or juvenile detention center, if any other
person delivers any money or other thing of value, any written or
printed matter, any article of merchandise, food or clothing, any
medicine, telecommunication device, utensil or instrument of any
kind to the adult or juvenile without the express authority and
permission of the supervising officer and with knowledge that the
adult or juvenile is lawfully detained, the other person is guilty
of a misdemeanor and, upon conviction thereof, shall be fined not
less than fifty dollars nor more than five hundred dollars and
confined in jail not less than three nor more than twelve months: Provided, That the provisions of this section do not prohibit an
attorney or his or her employees from supplying any written or
printed material to an adult or juvenile which pertains to that
attorney's representation of the adult or juvenile.
(c) If any person transports any alcoholic liquor,
nonintoxicating beer, poison, implement of escape, dangerous
material, weapon or any controlled substance as defined by chapter
sixty-a of this code onto the grounds of any jail, state
correctional facility, juvenile facility or juvenile detention
center within this state and is unauthorized by law to do so, or is
unauthorized by the persons supervising the facility, the person is
guilty of a felony and, upon conviction thereof, shall be fined not
less than one thousand nor more than five thousand dollars or
confined in a state correctional facility not less than two years
nor more than ten years, or both, or, in the discretion of the
court, be confined in jail not more than one year and fined not
more than five hundred dollars.
(d) If any person delivers any alcoholic liquor,
nonintoxicating beer, poison, implement of escape, dangerous
material, weapon or any controlled substance as defined by chapter
sixty-a of this code to an adult or juvenile in custody or
confinement in any jail, state correctional facility, juvenile
facility or juvenile detention center within this state and is
unauthorized by law to do so, or is unauthorized by the persons supervising the facility, the person is guilty of a felony and,
upon conviction thereof, shall be fined not less than one thousand
nor more than five thousand dollars or confined in a state
correctional facility not less than one year nor more than five
years, or both.
(e) Whoever purchases, accepts as a gift, or secures by
barter, trade or in any other manner, any article or articles
manufactured at or belonging to any jail, state correctional
facility, juvenile facility or juvenile detention center from any
adult or juvenile detained therein is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not less than fifty dollars
nor more than five hundred dollars and confined in jail not less
than three nor more than twelve months: Provided, That the
provisions of this subsection do not apply to articles specially
manufactured in any facility under the authorization of the persons
supervising the facility and which are offered for sale within or
outside of the facility.
(f) Whoever persuades, induces or entices or attempts to
persuade, induce or entice any person who is in custody or confined
in any jail, state correctional facility, juvenile facility or
juvenile detention center to escape therefrom or to engage or aid
in any insubordination to the persons supervising the facility is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than fifty dollars nor more than five hundred dollars and confined in jail not less than three nor more than
twelve months.
(g)(1) An inmate of a jail, state correctional facility,
juvenile facility or juvenile detention center having in his or her
possession any poison, implement of escape, dangerous material,
weapon or any controlled substance as defined by chapter sixty-a of
this code is guilty of a felony and, upon conviction thereof, shall
be fined not less than one thousand nor more than five thousand
dollars or confined in a state correctional facility not less than
one year nor more than five years, or both, or, in the discretion
of the court, be confined in jail not more than one year and fined
not more than five hundred dollars.
(2) An inmate of a jail, state correctional facility, juvenile
facility or juvenile detention center having in his or her
possession any alcoholic liquor, nonintoxicating beer, money or
other thing of value, any written or printed matter, any article of
merchandise, food or clothing, any medicine, telecommunication
device, utensil or instrument of any kind without the express
authority and permission of the supervising officer is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than fifty dollars nor more than five hundred dollars and confined
in jail not more than twelve months.
(h) As used in this section:
(1)"Dangerous material" means any incendiary material or device, highly flammable or caustic liquid, explosive, bullet or
other material readily capable of causing death or serious bodily
injury.
(2)"Delivers" means to transfer an item to an adult or
juvenile who is detained in custody or confinement in any jail,
correctional facility, juvenile facility or juvenile detention
center, or a building appurtenant to those places. The term
includes bringing the item into a jail, correctional facility,
juvenile facility or juvenile detention center or a building
appurtenant to those places. The term includes putting an item in
a place where it may be obtained by an inmate.
(3)"Inmate" means an adult or juvenile who is detained in
custody or confinement in any jail, correctional facility, juvenile
facility or juvenile detention center, regardless of whether the
individual is temporarily absent due to medical treatment,
transportation, court appearance or other reason for a temporary
absence.
(4)"Implement of escape" means a tool, implement, device,
equipment or other item which an inmate is not authorized to
possess, capable of facilitating, aiding or concealing an escape or
attempted escape by an inmate.
(5)"Telecommunication device" means any type of instrument,
device, machine or equipment which is capable of transmitting
telephonic, electronic, digital, cellular or radio communications or any part of an instrument, device, machine or equipment which is
capable of facilitating the transmission of telephonic, electronic,
digital, cellular or radio communications. The term includes, but
is not limited to, cellular phones, digital phones and modem
equipment devices.
(6)"Weapon" means an implement readily capable of lethal use
and includes any firearm, knife, dagger, razor, other cutting or
stabbing implement or club. The term includes any item which has
been modified or adapted so that it can be used as a firearm,
knife, dagger, razor, other cutting or stabbing implement or club.
For purposes of this definition, the term "firearm" includes an
unloaded firearm or the unassembled components of a firearm.