HB2845 H JUD AM 1-24
The Committee on the Judiciary moves to amend the bill on page one, by striking out everything after the enacting clause and inserting in lieu thereof the following:
“ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.
§31-20-10a. Criteria and procedures for determining the cost per day for inmates incarcerated in facilities operated by the authority and allocating cost.
(a) This section applies to the Regional Jail and Correctional Facility Authority, counties, municipalities, the Division of Corrections, the United States marshal service, the United States bureau of prisons and any other entity by whose authority inmates are incarcerated and maintained in facilities operated by the authority.
(b)(1) The authority shall develop and approve a schedule of anticipated operational expenditures for each regional jail. The schedules shall include funds for personal services and fringe benefits for personnel necessary to the operation of the facilities, as well as allocations of funds for food, clothing, utilities, supplies, transportation and all other costs necessary to operate and maintain the facilities. The operational expenditure schedule shall include all costs, both direct and indirect, for operating and maintaining the regional jail. The authority shall develop and approve an operational expenditure schedule for each regional jail on an annual basis, consistent with the state fiscal year.
(2) If the actual operational costs exceed the approved schedule of operational expenditures by more than ten percent in a line item, the authority's executive director shall add a temporary surcharge to the cost per inmate day in an amount sufficient to cover the actual expenditures.
(c) The county is responsible for costs incurred by the authority for housing and maintaining inmates in its facilities who have not been committed to the custody of the Commissioner of Corrections.
(d) The county is responsible
for the costs incurred by the authority for housing and maintaining inmates
who, prior to sentencing, are awaiting transportation to a state correctional
facility for a sixty-day evaluation period as provided in section seven,
article twelve, chapter sixty-two of this code.
(e) (d) The Division of Corrections is responsible
for the costs incurred by the authority for housing and maintaining inmates who
have been sentenced committed to the custody of the Division of
Corrections beginning the calendar day following the day the commitment
order was entered into the court record of conviction. The circuit
clerk of the county from which the commitment conviction order
has been entered shall immediately transmit by facsimile machine an advance
copy of the certified commitment conviction order to the Division
of Corrections and to the regional jail in which the inmate is confined. For
purposes of this subsection, the term conviction means the date that a jury
returns a guilty verdict, a court finds a defendant guilty acting without a
jury or the date a defendant enters a plea and the plea is accepted.
(f) (e) The Division of Corrections is responsible
for the costs incurred by the authority for housing and maintaining inmates who
have been held on a parole violation warrant.
(g) (f) The Division of Corrections is responsible
for the costs incurred by the authority for housing and maintaining inmates who
have been returned to a regional jail under court order, except that the county
from which the inmate was charged is responsible for the per diem costs in the
event that a court of competent jurisdiction sets aside or vacates the order of
commitment to the Division of Corrections, from the date of the order or the
return of the inmate to a regional jail, whichever is later.
(h) (g) The costs incurred by the authority for
housing and maintaining inmates who are being held as fugitives from justice
from another jurisdiction shall be billed to the fugitive's demanding
jurisdiction, except the costs incurred by the authority for housing and
maintaining any person who is arrested and confined in one of the authority's
facilities on the basis of the commission of a new crime shall be billed to the
arresting county until the pending West Virginia charges have been properly
resolved.
(i) (h) Any other entity or jurisdiction, unless
otherwise stipulated in this section, is responsible for any and all costs
associated with housing its inmates in a facility operated by the authority.”