WEST virginia legislature

2019 regular session

Committee Substitute

for

House Bill 2907

By Delegates Steele, Miller, Caputo and Maynard

(By Request of the Department of Military Affairs and Public Safety)

[Introduced February 7, 2019; Referred to the Committee on the Judiciary]

 A BILL to amend and reenact §62-7-10 of the Code of West Virginia, 1931, as amended; and to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §62-7-10a, all relating to the requiring a form of a certified commitment order to the Division of Corrections and Rehabilitation; requiring a form for commitments to prisons; requiring a form for commitments from magistrate or circuit courts to jails; requiring that orders sent to prisons must be signed by the circuit judge with jurisdiction over the matter; requiring that orders sent to jails must be signed by the circuit court judge or magistrate with jurisdiction over the matter; requiring the costs of incarceration in jail pending transfer shall be paid by the Commissioner from the calendar date following the date of the conviction forward; and clarifying the method of transmittal of commitment orders.

Be it enacted by the Legislature of West Virginia:

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 7. EXECUTION OF SENTENCES; STAYS.

§62-7-10. Prison Commitment paper.

The clerk of a circuit court in which a person is sentenced to serve a period of incarceration in a state correctional facility prison shall transmit to the Commissioner of the Division of Corrections and the West Virginia Regional Jail Authority Rehabilitation a certified commitment order the same as, or similar to, the form provided in this section.  No person may be committed to a prison unless the commitment paper is signed by the circuit judge with jurisdiction over the matter.  If a prison commitment order in a form other than the one provided in this section is issued, the commitment order is required, at a minimum, to contain the same information.

IN THE CIRCUIT COURT OF ____________________COUNTY, WEST VIRGINIA

State of West Virginia

v.                                             circuit court Case No.___________________

Defendant:  ______________________________

DOB:  ________________ SSN: XXX-XX-______ Gender:  _____Male/______Female

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED PRISON COMMITMENT ORDER

On the ______day of __________________, 20___, the State of West Virginia, by _____________________________________, and the defendant appeared in person and with counsel,________________________________________________.

 The defendant has been convicted of the following offense(s):

_____________________________________________________________________

The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of: ___________________________________________________________________________.

Conviction Date:  _______________   Sentence Date: __________________

Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:

____________________________________________________________________________

Credit for Jail/Prison Time Served: ______days     Credit for Home Incarceration: ______days

Credit for Home Incarceration Parole: ______days      Other NonPenal Credit: ________days

Additionally, the court finds:

________________________________________________________________________

The defendant shall be transported to and held in a West Virginia Regional Jail Authority facility until transfer into the physical custody of the Commissioner under the control of the Commissioner of the Division of Corrections and Rehabilitation. The court further orders that the cost of incarceration in the regional jail pending transfer shall be paid by the Commissioner from the calendar date following the date of entry of this order the conviction forward.

Special Instructions:  ___________________________________________________________

It is further ordered that the Circuit Clerk shall forthwith transmit a certified copy of this commitment order to the West Virginia Regional Jail Authority and to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).

Enter this _____day of __________, 2____.

                                                                        ___________________________________

                                                                        Circuit Judge

§62-7-10a. Jail Commitment paper.

The clerk of a circuit court or magistrate court in which a person is sentenced to serve a period of incarceration in a jail facility under the control of the Commissioner of Corrections and Rehabilitation shall transmit to the Commissioner of the Division of Corrections and Rehabilitation a certified commitment order the same as, or similar to, the form provided in this section.  No person may be committed to a jail unless the commitment paper is signed by the circuit court judge or magistrate with jurisdiction over the matter.  If a jail commitment order in a form other than the one provided in this section is issued, the commitment order is required, at a minimum, to contain the same information.

IN THE CIRCUIT/MAGISTRATE COURT OF ____________________COUNTY, WEST VIRGINIA

State of West Virginia

v.                                             circuit/magistrate court Case No.___________________

Defendant:  ______________________________

DOB:  ________________ SSN: XXX-XX-______ Gender:  _____Male/______Female

WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION CERTIFIED REGIONAL JAIL COMMITMENT ORDER

On the ______day of __________________, 20___, the State of West Virginia, by _____________________________________, and the defendant appeared in person and with counsel,________________________________________________.

 The defendant has been convicted of the following offense(s):

_____________________________________________________________________

The defendant is committed to the custody of the Commissioner of Corrections and Rehabilitation for a period of: __________________________________________________________________________.

Conviction Date:  _______________   Sentence Date: __________________

Effective Sentence Date: _____________ Resentence Date: _____________________ Consecutive to: ____ Concurrent with:

____________________________________________________________________________

Credit for Time Served: ______days     Credit for Home Incarceration: ______days

Credit for Home Incarceration Parole: ______days      Other NonPenal Credit: ________days

Additionally, the court finds:

______________________________________________________________________

The defendant shall be transported to and held in a jail facility for the prescribed period of confinement in accordance with law. The court further orders that the cost of incarceration of misdemeanants sentenced to confinement in a jail shall be paid in accordance with the provisions of §15A-3-16(i) of this code.

Special Instructions:  ___________________________________________________________

It is further ordered that the Circuit Clerk or Magistrate Court Clerk shall forthwith transmit a certified copy of this commitment order to the Central Office Inmate Records Manager of the Division of Corrections and Rehabilitation by facsimile at (fax number), by email at (email address) or other electronic transmission, or by mail at (street address).

Enter this _____day of __________, 2____.

                                                                        ___________________________________

                                                                        Circuit Judge/Magistrate

NOTE: The purpose of this bill is to amend the commitment paper for convicted felons to reflect the accurate distribution of costs and to create a form order for the commitment of convicted misdemeanants to the custody of the Division of Corrections and Rehabilitation.

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