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Chapter 28     Entire Code
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Chapter 28  |  Article 28 - 5
WVC 28- CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
WVC 28 - 5 - ARTICLE 5. THE PENITENTIARY.

WVC 28-5-1 §28-5-1.
Repealed.

Acts, 1998 Reg. Sess., Ch. 100.

WVC 28 - 5 - 2 §28-5-2.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28-5-3 §28-5-3.
Repealed.

Acts, 1999 Reg. Sess., Ch. 61.

WVC 28 - 5 - 3 A §28-5-3a.

Repealed.

Acts, 1963 Reg. Sess., Ch. 170.

WVC 28-5-4 §28-5-4.
Repealed.

Acts, 1999 Reg. Sess., Ch. 61.

WVC 28-5-5 §28-5-5.
Repealed.

Acts, 1999 Reg. Sess., Ch. 61.

WVC 28 - 5 - 6 §28-5-6.
Repealed.

Acts, 2000 Reg. Sess., Ch. 61.

WVC 28 - 5 - 7 §28-5-7. Record of convict.
The warden of the penitentiary shall file and preserve the record of the indictment and conviction of each convict, and keep a register describing him, the term of his confinement, for what offense, and when received into the institution.

WVC 28 - 5 - 8 §28-5-8.
Repealed.

Acts, 2000 Reg. Sess., Ch. 56.

WVC 28 - 5 - 8 A §28-5-8a. Manufacture of license plates, road signs or markers; securing signs and markers when federal government reimburses state for cost thereof.

For the purpose of obtaining license plates to be used upon motor vehicles licensed for operation in this state and road signs or markers of any description for state roads, the West Virginia commissioner of public institutions is hereby authorized and empowered on behalf of the state, to establish and operate a plant for the manufacture of such license plates and road signs or markers at the West Virginia Penitentiary at Moundsville, West Virginia.

It shall be unlawful for any state official or employee to manufacture or obtain such license plates, road signs or markers otherwise than as herein specified: Provided, however, That the state road commissioner may originally secure road signs or markers from sources other than that provided herein, when it is necessary in order to secure reimbursement from the United States against the cost thereof or against the cost of installation and erection thereof or against the cost of the project upon which the road signs or markers have been installed or are to be installed, in accordance with the regulations of the bureau of public roads of the United States department of commerce.

WVC 28 - 5 - 9 §28-5-9.

Repealed.

Acts, 1967 Reg. Sess., Ch. 79.

WVC 28 - 5 - 10 §28-5-10.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 11 §28-5-11.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 12 §28-5-12.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 13 §28-5-13.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 14 §28-5-14.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 15 §28-5-15.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 16 §28-5-16.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 17 §28-5-17.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 18 §28-5-18.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 19 §28-5-19.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28 - 5 - 20 §28-5-20.
Repealed.

Acts, 2008 Reg. Sess., Ch 33. WVC 28 - 5 - 21 §28-5-21.
Repealed.

Acts, 2008 Reg. Sess., Ch 33.

WVC 28-5-22 §28-5-22.
Repealed.

Acts, 1998 Reg. Sess., Ch. 100.

WVC 28 - 5 - 23 §28-5-23. Special compensation of officers and employees prohibited; penalty.
No officer or employee shall receive, directly or indirectly, any other compensation for his services than that provided by law, or by the state commissioner of public institutions before his appointment, nor shall he receive any compensation whatever, directly or indirectly, for any act or service which he may do or perform for or on behalf of any contractor, or agent or employee of a contractor. For every violation of this section the officer, agent or employee of the state engaged therein shall be dismissed from his office or service, and every contractor, or employee or agent of a contractor, engaged therein shall be expelled from the penitentiary, and not again employed in it as a contractor, agent or employee.

WVC 28 - 5 - 24 §28-5-24. Gifts to or dealings with convicts.
No officer or employee of the state, or contractor, or employee of a contractor, shall make any gift or present to a convict, or receive any from a convict, or having (have) any barter or dealings with a convict; and for every violation of this section the party engaged therein shall incur the same penalty as is prescribed in the preceding section.

§28-5-25.

Repealed. Acts, 1986 Reg. Sess., Ch. XX.

WVC 28 - 5 - 25 §28-5-25.
Repealed.

Acts, 1986 Reg. Sess., Ch. 54.

WVC 28 - 5 - 26 §28-5-26.
Repealed.

Acts, 2005 Reg. Sess., Ch. 51. WVC 28 - 5 - 27 §28-5-27. Deduction from sentence for good conduct; mandatory supervision.

               (a) All current and future adult inmates in the custody of the Commissioner of Corrections, except those committed pursuant to article four, chapter twenty-five of this code, shall be granted commutation from their sentences for good conduct in accordance with this section.

               (b) The commutation of sentence, known as "good time", shall be deducted from the maximum term of indeterminate sentences or from the fixed term of determinate sentences.

               (c) Each inmate committed to the custody of the Commissioner of Corrections and incarcerated in a correctional facility pursuant to that commitment shall be granted one day good time for each day he or she is incarcerated, including any and all days in jail awaiting sentence which are credited by the sentencing court to his or her sentence pursuant to section twenty-four, article eleven, chapter sixty-one of this code or for any other reason relating to the commitment. An inmate may not be granted any good time for time served either on parole or bond or in any other status when he or she is not physically incarcerated.

               (d) An inmate sentenced to serve a life sentence is not eligible to earn or receive any good time pursuant to this section.

               (e) An inmate under two or more consecutive sentences shall be allowed good time as if the several sentences, when the maximum terms of the consecutive sentences are added together, were all one sentence.

               (f) The Commissioner of Corrections shall promulgate disciplinary rules. The rules shall describe acts that inmates are prohibited from committing, procedures for charging individual inmates for violation of the rules and for determining the guilt or innocence of inmates charged with the violations and the sanctions which may be imposed for the violations. A copy of the rules shall be given to each inmate. For each violation, by a sanctioned inmate, any part or all of the good time which has been granted to the inmate pursuant to this section may be forfeited and revoked by the warden or superintendent of the institution in which the violation occurred. The warden or superintendent, when appropriate and with approval of the commissioner, may restore any forfeited good time.

               (g) Each inmate, upon his or her commitment to and being placed into the custody of the Commissioner of Corrections, or upon his or her return to custody as the result of violation of parole pursuant to section nineteen, article twelve, chapter sixty-two of this code, shall be given a statement setting forth the term or length of his or her sentence or sentences and the time of his or her minimum discharge computed according to this section.

               (h) Each inmate shall be given a revision of the statement described in subsection (g) of this section if and when any part or all of the good time has been forfeited and revoked or restored pursuant to subsection (f) of this section, by which the time of his or her earliest discharge is changed.

               (i) The Commissioner of Corrections may, with the approval of the Governor, allow extra good time for inmates who perform exceptional work or service.

               (j) In order to ensure equitable good time for all current and future inmates in the custody of the Commissioner of Corrections, except as to those persons committed pursuant to article four, chapter twenty-five of this code, all good time shall be computed according to this section and all previous computations of good time under prior statutes or rules are void. All inmates who have previously forfeited good time are hereby restored to good time computed according to this section and all inmates will receive a new discharge date computed according to this section. All inmates that have been awarded overtime good time or extra good time pursuant to sections twenty-seven-a and twenty-seven-b of this article which were repealed simultaneously with the amendment to this section during the regular session of the Legislature in the year 1984 shall receive that good time in addition to the good time computed according to this section.

               (k) There shall be no grants or accumulations of good time or credit to any current or future inmate serving a sentence in the custody of the Division of Corrections except in the manner provided in this section.

               (l) Prior to the calculated discharge date of an inmate serving a sentence for a felony crime of violence against the person, a felony offense where the victim was a minor child or a felony offense involving the use of a firearm, one year shall be deducted from the inmate's accumulated good time to provide for one year of mandatory post-release supervision following the first instance in which the inmate reaches his or her calculated discharge date. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.

               (m) Upon sentencing of an inmate for an offense not referenced in subsection (l) of this section, the court may order that one hundred eighty days of the sentence, or some lesser period, be served through post-release mandatory supervision if the court determines supervision is appropriate and in the best interest of justice, rehabilitation and public safety. All inmates released pursuant to this subsection shall be subject to electronic or GPS monitoring for the entire period of supervision. The provisions of this subsection are applicable to offenses committed on or after July 1, 2013.

               (n) The Commissioner of Corrections shall adopt policies and procedures to implement the mandatory supervision provided for in subsections (l) and (m) of this section, which may include terms, conditions and procedures for supervision, modification and violation applicable to persons on parole.

               (o) As used in this section, "felony crime of violence against the person" means felony offenses set forth in article two, three-e, eight-b or eight-d, chapter sixty-one of this code, and the felony offenses of arson and burglary of a residence where an individual is physically located at the time of the offense as set forth in article three, chapter sixty-one of this code.

               (p) As used in this section, "felony offense where the victim was a minor child" means any felony crime of violence against the person and any felony offense set forth in article eight, eight-a, eight-c or eight-d, chapter sixty-one of this code. WVC 28 - 5 - 27 A §28-5-27a.
Repealed.

Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg Sess., Ch. 46.

WVC 28 - 5 - 28 §28-5-28.
Repealed.

Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg Sess., Ch. 46.

WVC 28 - 5 - 29 §28-5-29.
Repealed.

Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg Sess., Ch. 46.

WVC 28 - 5 - 30 §28-5-30.
Repealed.

Acts, 1939 Reg. Sess., Ch. 24 and 1984 Reg Sess., Ch. 46.

WVC 28 - 5 - 31 §28-5-31. Mentally diseased convicts; treatment; transfer between penal and mental health facilities; penal facility procedures.
(a) No person who is, or was considered to be, mentally ill, mentally retarded or addicted shall be denied parole or a parole hearing based upon such past or present condition. In the event a convicted person is deemed to be an appropriate candidate for parole, but for a condition warranting involuntary hospitalization such person shall be paroled and proceedings instituted pursuant to section four, article five, chapter twenty-seven of this code. Any time spent in such facility shall be considered part of the term, and any person whose sentence expires while receiving treatment for a mental condition shall be discharged unless proceedings have been instituted and a determination made pursuant to section four, article five, chapter twenty-seven of this code.

(b) When a convicted person in a jail, prison, or other facility is believed to be mentally ill, mentally retarded or addicted, as those terms are defined in article one, chapter twenty-seven of this code, and in need of treatment, training or other services, the facts relating to such illness, shall be presented to the chief administrative officer of the facility. Such facts may be presented by a correctional officer, member of a correctional institution medical staff, relative, or the convicted person. Immediately upon receipt of such facts, the chief administrative officer shall arrange for psychiatric or psychological examination of the person alleged to be so afflicted. If the report of the examination is to the effect that the individual is mentally ill, mentally retarded, or addicted and that treatment, training or other services are required which cannot reasonably be provided at the correctional facility, the chief administrative officer shall file within twenty days after presentation of the facts an application for transfer with the clerk of the circuit court of the county of location of the correctional facility. Such application for transfer shall include a statement of the nature of the treatment which the person's condition warrants and the facility to which transfer is sought.

Within ten days of receipt of the application from the chief administrative officer, the mental hygiene commissioner or circuit judge shall appoint counsel for the convicted person if the person is indigent.

The clerk of the circuit court shall forthwith notify the convicted person, by certified mail, return receipt requested, delivered only to addressee, that such application has been filed, enclosing therewith a copy of the application with an explanation of the place and purpose of the transfer and the type of treatment to be afforded, together with the name, address, and telephone number of any appointed counsel. The person shall be afforded reasonable telephone access to his counsel. The clerk shall also notify the superintendent or other chief administrative officer of the facility to which transfer is sought. Within fifteen days after receipt of notice, the convicted person, through counsel, shall file a verified return admitting or denying the allegations and informing the court or mental hygiene commissioner as to whether the respondent wishes to oppose the transfer. Counsel shall file the return only after personal consultation with the convicted person. The superintendent of the facility to which transfer is sought shall also file a return within fifteen days of the receipt of notice, informing the court or mental hygiene commissioner as to whether the needed treatment or other services can be provided within that facility. If said superintendent objects to receiving the convicted person for treatment or services, the reasons for such objection shall be specified in detail.

If the transfer is opposed by either the convicted person or by the superintendent of the facility to which transfer is sought, the matter shall forthwith be set for hearing, in no event to exceed thirty days from the date of the return opposingsuch transfer, and the clerk shall provide to the convicted person, the superintendent of the facility to which transfer is sought, and the superintendent of the correctional facility, at least ten days' written notice, by certified mail, return receipt requested, of the purpose, time and place of the hearing.

The convicted person shall be present at the hearing, and be afforded an opportunity to testify and to present and cross- examine witnesses. Counsel for the convicted person shall be entitled to copies of all medical reports upon request. The person shall have the right to an examination by an independent expert of the person's choice and testimony from such expert as a medical witness on the person's behalf. The cost of providing such medical expert shall be borne by the state if the person is indigent. The person shall not be required to give testimony which is self-incriminating. The circuit court or mental hygiene commissioner shall hear evidence from all parties, in accord with the rules of evidence. A transcript or recording shall be made of all proceedings, and transcript made available to the person within thirty days, if the same is requested for the purpose of further proceedings, and without cost if the person is indigent.

Upon completion of the hearing, and consideration of the evidence presented therein, the circuit court or mental hygiene commissioner shall make findings of facts as to whether or not (1) the individual is mentally ill, mentally retarded or addicted; (2) the individual because of mental illness, mental retardation or addiction is likely to cause serious harm to self or others; (3) the individual could not obtain the requisite treatment or training at the correctional facility or another appropriate correctional facility; and (4) the designated facility to which transfer is sought could provide such treatment or training with such security as the court finds appropriate; and, if all such findings are in the affirmative, the circuit court may order the transfer of such person to the appropriate facility. The findings of fact shall be incorporated into the order entered by the circuit court. In all proceedings hereunder, proof of mental condition and of likelihood of serious harm must be established by clear, cogent and convincing evidence, and the likelihood of serious harm must be based upon evidence of recent overt acts.

WVC 28 - 5 - 32 §28-5-32.
Repealed.

Acts, 2002 Reg. Sess., Ch. 61. WVC 28 - 5 - 33 §28-5-33. Appointment of committee of convict; bond.
When a person is confined in the penitentiary of this or any other state, or of the United States, under sentence for one year or more, or to suffer death, the estate of such convict in this state, if he have any, both real and personal, shall, on the motion of any party interested, be committed by the county commission of the county in which his estate or some part thereof may be, to a person selected by such county commission, who, after giving bond before the county commission in such penalty as it may prescribe, shall have charge and management of such estate until the convict is discharged from confinement or dies; and upon such motion the county commission shall appoint said committee, although the convict has no estate, either real or personal, located in this state. In the event said convict has no such estate, or his estate does not exceed one thousand dollars, reference to a fiduciary commissioner shall not be necessary. All appointments of committees heretofore made and decrees or judgments heretofore awarded by any court of record in this state against or on behalf of any convict shall not be considered invalid for the reason that the convict had no such estate at the time of the appointment of such committee.

WVC 28 - 5 - 34 §28-5-34. When estate committed to sheriff as committee.
If the person so appointed refuse the trust, or fail to give bond as aforesaid, the county court, on like motion, shall, or such court may in the first instance, commit the estate to the sheriff of the county, who shall be the committee, and he and the sureties on his official bond shall be bound for the faithful performance of his trust.

WVC 28 - 5 - 35 §28-5-35. Appraisement, inventories and accounts by and compensation of committee.
The committee shall have the estate appraised, return inventories, render accounts of his trust, and be made to account therefor, shall be entitled to compensation for his services, and may forfeit his right thereto, all in the same manner, to the same extent, and within the same time, as if he were an administrator or guardian.

WVC 28 - 5 - 36 §28-5-36. Suits by or against convict or committee.
Such committee may sue and be sued in respect to debts due to or from such convict, and respecting all other causes of action for which the convict might sue or be sued had no such incarceration taken place, and shall have the privilege of an administrator as to the right of retaining his own debt. No action or suit shall be instituted by or against such convict after he is incarcerated, and all actions or suits to which he is a party at the time of his incarceration shall abate, and continue so until revived by or against the committee, whose duty it shall be to prosecute or defend, as the case may be. Any judgment recovered against such committee shall be a lien upon the lands of the convict to the same extent as if recovered against the convict before the conviction. But the plaintiff in any action, suit or proceeding against the committee of a convict shall not be examined as a witness in his own behalf in such action, suit or proceeding in respect to any transaction or communication had personally with the convict, unless such committee shall be examined as a witness in his own behalf in respect to such transaction or communication, or such convict personally testifies, or his testimony in respect to such transaction or communication is given in evidence.

WVC 28 - 5 - 37 §28-5-37. Maintenance of convict's wife and family.
The committee of any convict who was, at the time of incarceration, a resident of this state shall allow (subject to the claims of creditors) a sufficient maintenance out of the convict's estate for his wife and family, if any; the wife to be entitled, as long as he is confined, to the profits of such portion of his estate as she would have if he had died intestate.

WVC 28 - 5 - 38 §28-5-38. Mortgage, lease or sale of real estate of convicts.
If the personal estate of such convict be insufficient for the discharge of his debts, or if such estate, or the residue thereof after payment of the debts, and the rents and profits of the real estate, be insufficient for the maintenance of the wife and family of such convict, when it is proper to make provision for such maintenance, his committee may proceed, as provided in article one, chapter thirty-seven, of this code, to obtain authority to mortgage, lease or sell so much of the real estate of such convict as may be necessary for the purposes aforesaid, or any of them, setting forth in the bill or petition the particulars and the amount of the estate, real and personal, the application which may have been made of any personal estate, and an account of the debts and demands existing against the estate.

WVC 28 - 5 - 39 §28-5-39. Disposition of estate on discharge or death of convict.
Every committee of a convict shall deliver such estate as he may be liable for at that time to the convict on his discharge, or to his heirs, devisees or personal representatives, on his death.

WVC 28 - 5 - 40 §28-5-40. How estate of nonresident convict paid over to foreign committee.
The committee or other similar fiduciary appointed in any other state for any convict who was a nonresident of this state at the time of his incarceration, and who at such time was possessed of estate within this state, may, in the manner and under the same conditions as are prescribed for the removal of the estate of a nonresident infant in article eleven, chapter forty-four, of this code, have the committee of such convict in this state authorized to pay over such estate to such committee or other similar fiduciary of such other state.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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