COMMITTEE SUBSTITUTE
FOR
H. B. 2523
(By Delegates Perry, Pino, Long, Tabb,
Hrutkay and Armstead)
(
Originating in the Committee on the Judiciary)
[March 8, 2005]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-2-9c, relating to
making it a crime for released inmates to contact correctional
employees and requiring that inmates be advised of such
prohibition upon release.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-2-9c, to read as
follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-9c. Unlawful contact with a Department of Corrections
employee.
(a) Upon release from incarceration, any inmate at a jail or
prison may not contact employees of the Department of Corrections
without their written consent unless otherwise required by law,
which consent shall be obtained through the Commissioner of Corrections. Any person violating this section is guilty of a
misdemeanor and, upon conviction thereof, shall, for a first
offense, be fined not more than five hundred dollars. Any person
violating this section for a second offense shall be imprisoned not
less than ten days nor more than ninety days, or both fined and
imprisoned.
(b) Upon release from incarceration, an inmate is to be
advised of the prohibition on contact with employees of the
Department of Corrections provided in subsection (a) of this
section and such inmate must sign an acknowledgment that he or she
has been advised of the provisions of subsection (a).
NOTE: The purpose of this bill is to make it a misdemeanor for
a former inmate to contact any employee of the Department of
Corrections and to provide that they be advised of such prohibition
upon release.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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