H. B. 2737
(By Delegates Gearheart, Householder, Howell, Ellington,
Espinosa, Staggers, Overington, Sumner, Evans, D.,
Ambler and Hamrick)
[Introduced February 26, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §62-11F-1, §62-11F-2,
§62-11F-3, §62-11F-4, §62-11F-5, §62-11F-6 and §62-11F-7, all
relating to creating a pilot work/incarceration prison;
providing a short title; providing for offenders who are
eligible to participate; establishing one work/incarceration
prison; authorizing the Division of Corrections to propose
rules for the operation and reporting of the
work/incarceration prison; providing for a reduction in the
sentence of an offender sentenced to the work/incarceration
prison; providing that a serious violation of the rules result
in an additional sentence; appropriations; providing for the
admittance of offenders from other counties; and providing for
the evaluation of the work/incarceration prison.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §62-11F-1, §62-11F-2, §62-11F-3, §62-11F-4, §62-11F-5, §62-11F-6 and §62-11F-7, all to
read as follows:
ARTICLE 11F. WORK/INCARCERATION ACT (PILOT).
§62-11F-1. Short title.
_____This article may be cited as the "Work/Incarceration Act."
_____This article applies to adult offenders that have not been
convicted of a crime of violence or sex related offense. The
article also applies only to offenders sentenced to two years
incarceration or less.
_____This article allows one county to receive approval to
establish a work/incarceration prison. Those counties interested
in establishing such a facility must develop a plan and submit the
plan to the Division of Corrections for review and approval. The
Division of Corrections shall propose rules of operation and
reporting for this work/incarceration prison for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code.
_____(a) An offender may be any person meeting the application
standards set forth in section two of this article, who is
sentenced to the work/incarceration prison by a magistrate or a circuit judge. Offenders are eligible for a twenty percent
reduction in their sentence for participation in the
work/incarceration program, but must maintain complete adherence to
rules of conduct as established by the Division of Corrections.
_____(b) An offender sentenced to the work/incarceration prison by
a magistrate or circuit judge, who commits any serious violation of
the rules of conduct as established by the Division of Corrections,
shall be transferred to a correctional facility with an additional
year added to that offender's original sentence.
_____(c) The work/incarceration prison superintendent may reject
any offender from admittance and may remove any offender from the
work/incarceration prison population for cause, as established by
rules established by the Division of Corrections. If admittance is
disallowed or if the offender is removed, alternative sentencing
shall be provided by the proper judicial authority.
_____The Legislature should appropriate $500,000 to the county
establishing the initial work/incarceration prison for the initial
expense of establishment of the work/incarceration prison. The
plan submitted to the Division of Corrections for approval, as
provided in section three of this article, should include means
and methods of making the work/incarceration prison self-sustaining
utilizing work product and service from the offenders in the
§62-11F-6. Admittance of offenders from other counties.
_____The county establishing the work/incarceration prison may
allow at its option offenders from other counties to be
incarcerated and may charge a fee equal to fifty percent of that
charged by the Regional Jail Authority to house prisoners.
_____The Division of Corrections shall monitor and evaluate the
work/incarceration prison to determine effectiveness, efficiency,
and potential for expansion into other counties and report to the
NOTE: The purpose of this bill is to create a
Work/Incarceration Prison pilot program. The bill establishes
guidelines for what offenders may be sentenced to the program. The
bill provides for the establishment of one work/incarceration
prison. The bill further provides that the Division of Corrections
shall propose rules of operation and reporting. The bill provides
that an offender sentenced to the work/incarceration prison is
eligible for a reduction in their sentence. The bill also provides
that an offender who is sentenced to the work/incarceration prison
but commits a serious violation of the rules shall be sent to a
correctional facility and have an additional year added on to their
original sentence. The bill provides for an appropriation from the
Legislature for the establishment of the work/incarceration prison.
The bill also allows for offenders from other counties to be
accepted into the work/incarceration prison. The bill further
provides for an annual evaluation of the work/incarceration prison
to be submitted to the Legislature.
This article is new; therefore, it has been completely