§28-3-1. Continuation; management.

The West Virginia industrial home for girls, heretofore established and located at Industrial, in Harrison County, shall be continued and hereafter known as the "West Virginia industrial home for youth." The industrial home shall be charged with the care, training and reformation of girls and boys committed to its custody. It shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this code.

§28-3-1a. Transfer of boys from West Virginia industrial school for boys.

Boys, fourteen years of age and younger, may be transferred from the West Virginia industrial school for boys to the West Virginia industrial home for youth in accordance with section sixteen, article one, chapter twenty-five of this code: Provided, That nothing in the foregoing shall prevent the temporary transfer of any male youth for a period not to exceed thirty days for the purpose of testing, evaluation or diagnosis.

§28-3-1b. Venue for industrial home for youth.
Notwithstanding any other provision of law to the contrary, venue for any criminal or civil action arising from acts or omissions occurring on the property comprising the West Virginia industrial home for youth, which is established by the provisions of this article, shall be in the circuit or magistrate courts of Harrison County, West Virginia.

§28-3-2. Commitment; age limits.

Any female youth between the ages of twelve and eighteen years may be committed to the custody of the commissioner of corrections by a circuit court of this state in the manner described in article five, chapter forty-nine of this code; and further, any such youth who has been adjudged delinquent pursuant to subdivision one, section four, article one of chapter forty-nine of this code, who, as a result thereof, was placed on probation and has been found in a proceeding pursuant to the procedural requirements of article five, chapter forty-nine of this code to have violated a term of probation, prior to the attainment of her twentieth birthday, which constitutes a criminal offense, may be committed to the custody of the commissioner of corrections.

§28-3-3.

Repealed.

Acts, 1980 Reg. Sess., Ch. 30.

§28-3-4. Physical, educational and psychological examinations; admission; transfer and placement.
Every female youth committed hereunder shall be given complete physical, educational and psychological examinations in the same manner and under the same protections and requirements of subsections (b) and (c), section two, article one, chapter twenty-eight of this code. In addition thereto, all such examinations shall be in private, but there shall be present during the examination a woman of good character and of mature years. In addition thereto, all admission, transfer and placement requirements and authority provided to the commissioner in subsections (d) and (e), section two, article one, chapter twenty-eight of this code shall be applicable.

§28-3-5. Compensation of physician and matron.
In a proceeding for the commitment of a female youth to the commissioner of corrections, the compensation of the physician and of the matron present during such examination shall be fixed by the court and taxed as other costs.

§28-3-6. Custody and conveyance of girls committed to institutions; expenses.
Whenever a girl is committed to the industrial home by any of the courts hereinbefore named, it shall be the duty of the clerk of the court before whom the trial was held to prepare the commitment papers in the case and forward the same by mail without delay to the superintendent of the industrial home. On receipt of such commitment papers, the superintendent of the home, if the commitment is found by her to conform to the provisions of this article, and there is room in said home, shall promptly so advise the authority making the commitment, who shall at once send the girl so committed to the home, under escort of a discreet woman of mature age. Such escort shall be designated by the authority by whom the commitment was made, and her compensation, which shall be fixed by the same authority and shall not exceed three dollars per day of twenty-four hours, and her expenses, and the girl's necessary traveling expenses, fully itemized and sworn to by the escort, shall be paid out of the treasury of the county from which the commitment was made, by the county commission thereof. No girl committed to said industrial home shall be lodged in any jail or lockup; but the authority committing her shall designate an officer or other proper person, preferably a woman, in whose custody she will be kept until she is delivered to the person duly authorized to conduct her to said home. The expense of keeping such girl shall be paid like any other expense of the hearing or trial.

§28-3-7. Return or transfer of incorrigible girls and those diseased at time of commitment; expenses.
If, at the time of, or after the admission of any girl to the Industrial Home, it is discovered that she was pregnant, or had syphilis, gonorrhea, or any other infectious disease at the time of her commitment, or was otherwise ineligible for admission, or should she become incorrigible or unmanageable, such girl may be returned to the court or judge by whom she was committed to the home, or, at the discretion of the state commissioner of public institutions, may be transferred temporarily to some other institution for care or treatment, or otherwise disposed of as said commissioner may deem best. The expense incurred in returning such girl to the court or judge by whom she was committed for any or all of the above stated reasons, or by reason of transfer to any other state institution shall be paid by the county court out of the treasury of the county from which the girl was committed to the home.

§28-3-8. Transfer of certain inmates to other institutions.
The state commissioner of corrections shall have authority to transfer any girl who is an inmate of the industrial home, in accordance with the provisions of chapter twenty-seven of this code, who is mentally ill, mentally retarded or addicted, to any state institution charged with the care and treatment of such persons; to transfer any girl in such home who is blind or deaf, or whose sight or hearing is so impaired as to make a transfer desirable, to the schools for the deaf and blind; to transfer to Welch Emergency Hospital, any girl infected with syphilis or gonorrhea.

§28-3-9. Voluntary inmates of industrial home.
Girls eligible to admission to the Industrial Home may be admitted thereto at the instance of their parents, guardians, or next friends, under such agreement as to payment for their maintenance as may be made with the state commissioner of public institutions; but all such girls shall be subject to the same treatment, training and discipline as the other inmates of the home, and shall be discharged or paroled only in such manner and under such rules and regulations as are provided for those who have been regularly committed.

§28-3-10. Rules and regulations.

The state commissioner of corrections may make such rules and regulations for the management and government of the industrial home, and the instruction, discipline, training, employment and disposition of the youth of the home, and their transportation to and from the home, subject to section thirteen-f, article two, chapter eighteen of this code, as the commissioner may deem proper.

§28-3-11. Discharge or parole; arrest and return of paroled girls.
The state commissioner of public institutions shall have authority, under such rules and regulations as the commissioner may prescribe, to grant, on the recommendation of the superintendent, a discharge or parole to any inmate of the Industrial Home; but while any inmate is on such parole, and until she is finally discharged, she shall remain in the legal custody of the commissioner, and shall be subject to be returned to the home at any time when, in the judgment of the commissioner, the interests of such paroled inmate will best be served thereby. The written order of said commissioner, countersigned by the superintendent, shall be sufficient warrant for any officer or person named therein to arrest and return to the home any paroled inmate named in such order; and it shall be the duty of any such officer or person to arrest and return such girl to the home. Expenses incurred in returning paroled inmates to the home shall be paid out of the funds provided for the support of the home, when such inmates are returned upon order of said commissioner.

§28-3-12. Transfer of girls from Industrial Home to penitentiary and vice versa.
In any case where a girl is committed to the Industrial Home for an offense punishable by confinement in the penitentiary, and it is found by the state commissioner of public institutions that such home is unable to benefit such girl, and that her presence is a detriment or menace to the other girls in the institution, or to the general good of the home, she may be returned to the custody of the court by which she was committed to the home, and thereupon the court shall pass such sentence upon her as to confinement in the penitentiary as may be proper in the premises, or as it might have passed had it not committed such girl to the Industrial Home. The governor shall have power, when, in the judgment of the warden of the penitentiary and of the superintendent of the Industrial Home, it is advisable, to remit the penalty of any girl under the age of eighteen years who is confined in the penitentiary, to a commitment to said Industrial Home, there to be kept until she is twenty-one years of age, unless sooner paroled or discharged, or, upon the order of the governor, returned to the penitentiary.

§28-3-13. Escape from Industrial Home; arrest and return; reward.
If any girl shall escape from the Industrial Home, the superintendent or any assistant thereof, or any other person authorized by the superintendent, or any person who may see a girl escaping or know that she has escaped, may arrest her and return her to the home. It shall be the duty of every sheriff, constable, or other peace officer to arrest any such fugitive and return her to the home, whenever in his power to do so. The expense of the arrest and return of such fugitive shall be paid out of the funds provided for the support of the home. With the approval of the state commissioner of public institutions, the superintendent may offer a reward for the arrest and return to the home of any girl who shall have escaped therefrom.

§28-3-14. Offenses relating to inmates of Industrial Home; penalties.
If any person shall entice or attempt to entice away from the Industrial Home any girl legally committed thereto, or shall aid or abet any girl to escape therefrom, or shall harbor, conceal, or aid or abet in harboring or concealing, any girl who shall have escaped therefrom; or shall, without the permission of the superintendent, give or sell to any girl in the home, whether on the premises of the institution or elsewhere, any money, intoxicating drink, tobacco, cigarettes or any other article or articles whatsoever; or shall, in any way, cause or influence, or attempt to cause or influence, any girl in said home to violate any rule of the institution, or to rebel against the government of the home in any particular; or shall receive from any inmate of the home anything of value, whether belonging to the state or otherwise; or shall interfere, or attempt to interfere, with the custody or control of any person having any such girl lawfully under his control or in his keeping, while she is out of the home on parole or other lawful temporary release; or shall have, or attempt to have, any improper or unlawful communication or intercourse with any such girl while she is in such home, knowing her to be an inmate thereof; shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars, or imprisoned not exceeding six months, or, in the discretion of the court, both fined and imprisoned. If any person shall entice any girl away from the industrial home, or attempt to do so, for the purpose of having sexual intercourse with her, or for any other immoral or unlawful purpose, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than ten nor more than one hundred dollars and imprisoned not less than thirty days nor more than six months. If any person shall aid or abet the commission of any of the offenses named in this section, or aid or abet an attempt to commit the same, he shall be punished as herein provided the same as if he were the principal. In the trial of an indictment for committing any of the offenses named in this section, the accused may be found guilty of an attempt to commit the same, or of aiding or abetting another in committing or attempting to commit the same.

§28-3-15. Trespass on grounds of industrial home.
The inclosed premises of the industrial home shall be private grounds. If any person be found thereon without authority or permission, he shall be deemed a trespasser, and, on conviction thereof, shall be fined not less than five nor more than twenty-five dollars, and, if it appear that he was on such premises for any unlawful or immoral purpose, in addition to being sentenced to pay such fine, he shall be imprisoned not exceeding thirty days.

§28-3-16. Payment by counties of cost of detention of girls at Industrial Home -- Reimbursement.
The county court of every county shall pay into the state treasury the sum of fifty dollars a year on account of each girl from the county who shall be received into the Industrial Home on proper commitment. But in all cases of girls received into the home, the parent, if of sufficient means, or the guardian, where the girl has sufficient estate, shall annually reimburse the county the amount paid into the state treasury, by virtue of this section, on account of such girl, and the county court of such county shall have the right to recover the same of such parent or guardian in any court of competent jurisdiction.

§28-3-17. Payment by counties of cost of detention of girls at industrial home -- Preparation of inmate lists for billing purposes; application of county funds in state treasury.
The superintendent of the industrial home shall, before the tenth day of January of each year, prepare and certify to the auditor and the state commissioner of corrections each a list by counties of all such girls as are mentioned in the preceding section, who were kept in the home during the preceding year or any part of it, showing as to each girl what part of the year she was so kept in the home. On receiving such list the auditor shall charge to each county fifty dollars on account of each girl from such county who was kept in such home during the preceding year, and a proportionate amount on account of each girl kept in the home for any part of such year less than the whole. Any money in the treasury of the state to the credit of any such county, from whatever source arising, and not appropriated to pay any other debt of the county to the state, shall be applied, so far as necessary, to the payment of the sums so charged. If any sum in the treasury due the county shall not be sufficient to pay the whole amount so charged against it, such sum shall be applied as a credit on the amount charged, and the balance shall remain a charge against the county.

§28-3-18. Payment by counties of cost of detention of girls at industrial home -- Determination of payments due; levy; compelling payment.

Within ten days after receiving such list the auditor shall certify to the county commission of such county a list of the girls from the county in such home, stating the length of the term during the year each girl was in such home, as shown by the list certified by the superintendent, the amount due from the county on her account, and the total amount due on account of all. He shall credit on such statement whatever amount has been applied as a payment thereon from any funds of the county in the treasury. Such statement shall be a receipt to the county for any amount so credited, and shall be a bill for any amount still appearing to be due from the county. Unless the bill shall have been paid by the application of funds of the county in the state treasury, the county commission shall, at its next levy term, provide for the payment of the same, or such part as may not have been paid, and cause the amount to be paid into the state treasury. If the amount so due from any county be not paid in a reasonable time after such levy term, the auditor may in the name of the state, apply to the circuit court of the county for a mandamus to require the county commission to provide for and pay the same, or he may proceed in the name of the state by any other appropriate remedy to recover the same.

§28-3-19.

Repealed.

Acts, 1969 Reg. Sess., Ch. 22.

§28-3-20.

Repealed.

Acts, 1969 Reg. Sess., Ch. 22.

§28-3-21.

Repealed.

Acts, 1969 Reg. Sess., Ch. 22.

§28-3-22.

Repealed.

Acts, 1969 Reg. Sess., Ch. 22.