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Introduced Version Senate Bill 75 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 75

(By Senator Prezioso)

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[Introduced January 13, 2010; referred to the Committee on Pensions; and then to the Committee on Finance.]

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A BILL to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; to amend and reenact §49-5E-5a of said code; and to amend and reenact §62-12-14 of said code, all relating to providing that correctional officers, parole officers and juvenile corrections officers may retire with full benefits after twenty years of actual and honorable service.

Be it enacted by the Legislature of West Virginia:
That §25-1-11d of the Code of West Virginia, 1931, as amended, be amended and reenacted; that §49-5E-5a of said code be amended and reenacted; and that §62-12-14 of said code be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.

§25-1-11d. Compensation of employees approved by commissioner; traveling and other expenses; payment of salaries; retirement.

(a) The Commissioner of Corrections shall approve the salaries of all employees of the Division of Corrections. Salaries shall be commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall may be furnished, given or paid to the employee as all or part of their salary. The employees may be provided meals, household facilities and supplies as may be necessary for them to perform their duties, if the employees agree to pay the reasonable cost as established by the Commissioner of Corrections. In the event of an emergency, such as a riot or other disturbance, the commissioner may authorize meals be provided to employees at no cost. Additionally, the commissioner may establish a procedure to reimburse employees reasonable costs in the event the employee's personal property is stolen or damaged by an inmate. All persons employed under this article are entitled to be reimbursed for necessary traveling and other expenses. The salaries, expenses and appropriations provided for the employees under the commissioner's jurisdiction shall be paid in the same manner as are those of other state employees and agencies and on a payment schedule set forth by the State Auditor.
(b) Notwithstanding any provisions of this code to the contrary, correctional officers and parole officers shall be allowed to retire after twenty years of actual and honorable service, with full benefits under the provisions of article ten, chapter five of this code.
The Consolidated Public Retirement Board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the retirement of correctional officers provided in this section.
CHAPTER 49. CHILD WELFARE.

ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-5a. Juvenile detention and corrections facilities; employees; priority of hiring; retirement.

(a) Notwithstanding any provision of this code to the contrary, the division, when employing any persons to complete the approved staffing plan of any of its juvenile detention or corrections facilities, shall employ any person otherwise qualified who applies for a position at the juvenile detention or corrections facility who was also employed in good standing at a county or local jail facility, at the time of its closing, that was closed due to the completion of a regional jail.
(b) All persons employed at a juvenile detention or corrections facility shall be employed at a salary and with benefits consistent with the approved plan of compensation of the Division of Personnel, created under section five, article six, chapter twenty-nine of this code; all such employees shall also be covered by the policies and procedures of the education and state West Virginia Public Employees Grievance Board, created under section five, article six-a, chapter twenty-nine article three, chapter six-c of this code and the classified service protection policies of the Division of Personnel.
(c) Notwithstanding any provisions of this code to the contrary, juvenile corrections officers are allowed to retire after twenty years of actual and honorable service, with full benefits under the provisions of article ten, chapter five of this code.
The Consolidated Public Retirement Board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the retirement of juvenile corrections officers provided in this section.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 12. PROBATION AND PAROLE.
§62-12-14. Appointment of probation and parole officers and clerical assistants; qualifications of officers; salaries and expenses; retirement.

(a) The director shall have has authority to appoint such state probation and parole officers as may be necessary to the proper administration of this article, and to employ clerical assistants. He The director shall determine the qualifications of probation and parole officers and may from time to time conduct competitive examinations as a basis for their selection.
(b) The director shall fix the salaries of state probation and parole officers and all clerical assistants. All persons appointed or employed by the director shall be paid all necessary expenses incurred in the discharge of their duties.
(c) Notwithstanding any provisions of this code to the contrary, parole officers are allowed to retire after 20 years of actual and honorable service, with full benefits under the provisions of article ten, chapter five of this code.
The Consolidated Public Retirement Board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to implement the retirement of parole officers provided in this section.



NOTE: The purpose of this bill is to provide that correctional officers, parole officers and juvenile corrections officers may retire with full benefits after 20 years of actual and honorable service.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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