H. B. 3205
(By Delegates Boggs and Swartzmiller)
[Passed March 9, 2011; in effect from passage]
AN ACT to
amend and reenact §31-20-5d of the Code of West Virginia,
1931, as amended, relating to providing persons convicted of
a criminal offense and sentenced to confinement in a regional
jail a reduction in sentence for successful completion of
education and rehabilitation programs; increasing the time
permitted by a sentence reduction from one day to five days
per program; adding an alcohol abuse program to the programs
offered; increasing the total time permitted by sentence
reduction to thirty days; and establishing an enrollment fee
for each program.
Be it enacted by the Legislature of West Virginia:
That §31-20-5d of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
§31-20-5d. Good time credit.
(a) Any person convicted of a criminal offense and sentenced
to confinement in a regional jail is to be granted reduction of his
or her sentence for good conduct in accordance with this section.
(b) The reduction of sentence or good time is to be deducted
from the fixed term of determinate sentences. An inmate under two
or more consecutive sentences is allowed good time as if the
several sentences, when the maximum terms thereof are added
together, were all one sentence.
(c) Every inmate sentenced to a regional jail for a term of
confinement exceeding six months who, in the judgment of the
administrator of the regional jail facility, faithfully complies
with all rules of the regional jail during his or her term of
confinement is entitled to a deduction of five days from each month
of his or her sentence. No inmate may be granted any good time
under the provisions of this section for time spent on bond or for
time served on parole or in any other status in which he or she is
not physically incarcerated.
(d) Each inmate sentenced to a term of confinement in a
regional jail facility who participates in a general equivalency
diploma program is to be granted three days of good time for the
completion of each educational literacy level, as demonstrated by
achieving a passing score on standardized tests required by the
department of education, and ten days of good time for completion
of the requirements for a general equivalency diploma or high
(e) Each inmate sentenced to a term of confinement in a
regional jail in excess of six months shall be granted five days of
good time for successful completion for each of the following
rehabilitation programs: Domestic violence, parenting, substance
abuse, life skills, alcohol abuse, and anger management or any
special rehabilitation or educational program designated by the executive director. A maximum of thirty days good time shall be
granted for successful completion of all six programs. The fee for
each class is $25 which is due upon enrollment. If an inmate is
unable to pay a fee or fees in full at the time of enrollment, it
may be paid by deductions from his or her inmate trust account,
subject to the provisions of subsection (f), section thirty-one of
this article. No more than one half of the amount in the inmate
trust account during any one week period may be so deducted.
(f) The administrator of a regional jail facility may, with
the approval of the Governor, allow extra good time for inmates who
perform exceptional work or service.
(g) The Regional Jail and Correctional Facility Authority
shall promulgate disciplinary rules for the regional jail
facilities. The rules are to describe prohibited acts, procedures
for charging individual inmates for violations of the rules and for
determining the guilt or innocence of inmates charged with the
violations, and sanctions that may be imposed for the violations.
For each violation by an inmate, any part or all of the good time
that has been granted to the inmate may be forfeited and revoked by
the administrator of the regional jail facility. The
administrator, when appropriate and with approval of the executive
director may restore any good time forfeited for a violation of the
rules promulgated or adopted pursuant to this subsection.
(h) Each inmate sentenced to a term of confinement in a
regional jail in excess of six months shall, within seventy-two
hours of being received into a regional jail, be given a copy of
the disciplinary rules, a statement setting forth the term or
length of his or her sentence or sentences, and the time of his or her minimum discharge.