COMMITTEE SUBSTITUTE
FOR
H. B. 4006
(By Mr. Speaker, Mr. Kiss and Delegate Ashley)
[By Request of the Executive]
(Originating in the Committee on the Judiciary)
[February 24, 1998]
A BILL to amend and reenact section ten, article twenty, chapter
thirty-one of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the regional jail
and correctional facility authority; and establishing a number
of special accounts in the state treasury for the regional
jails and correctional facility authority.
Be it enacted by the Legislature of West Virginia:
That section ten, article twenty, chapter thirty-one of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
§31-20-10. Regional jail and correctional facility development
fund.
(a) The regional jail and correctional facility development fund is hereby created and shall be a special account composed of
special accounts in the state treasury. The fund shall operate as
a revolving fund whereby all appropriations and payments thereto
may be applied and reapplied by the authority for the purposes of
this article. Separate accounts may be established within the
special account fund for the purpose of identification of various
revenue resources and payment of specific obligations. These
separate accounts, established by the authority, may include, but
not be limited to, construction or renovation of specific
facilities, cash control, facility maintenance, individual
operating accounts for facilities operated by the authority, and
such other separate accounts as may be determined by the authority
as necessary for the efficient operation of the authority.
(b) Revenues deposited into the fund shall be used to make
payments of interest and shall be pledged as security for bonds,
security interests or notes issued or lease-purchase obligations
entered into with another state entity by the authority pursuant to
this article.
(c) Whenever the authority determines that the balance in the
fund is in excess of the immediate requirements of this article, it
may request that such excess be invested until needed. In such
case such the
excess shall be invested in a manner consistent with
the investment of the temporary state funds. Interest earned on
any money invested pursuant to this section shall be credited to the fund.
(d) If the authority determines that funds held in the fund
are in excess of the amount needed to carry out the purposes of
this article, it shall take such action as is necessary to release
such
excess and transfer it to the general fund of the state
treasury.
(e) The fund shall consist of the following:
(1) Amounts raised by the authority by the sale of bonds or
other borrowing authorized by this article;
(2) Moneys collected and deposited in the state treasury which
are specifically designated by acts of the Legislature for
inclusion into the fund;
(3) Contributions, grants and gifts from any source, both
public and private, which may be used by the authority for any
project or projects;
(4) All sums paid by the counties pursuant to subsection (h)
of this section; and
(5) All interest earned on investments made by the state from
moneys deposited in this fund.
(f) The amounts deposited in the fund shall be accounted for
and expended in the following manner:
(1) Amounts raised by the sale of bonds or other borrowing
authorized by this article shall be deposited in a separate account
within the fund and expended for the purpose of construction and renovation of correctional facilities, including correctional and
detention facilities for juveniles, and regional jails for which
need has been determined by the authority;
(2) Amounts deposited from all other sources shall be pledged
first to the debt service on any bonded indebtedness, including
lease-purchase obligations entered into by the authority with
another state entity or other obligation incurred by borrowing of
the authority;
(3) After any requirements of debt service have been
satisfied, the authority shall requisition from the fund such
amounts as are necessary to provide for payment of the
administrative expenses of this article;
(4) The authority shall requisition from the fund after any
requirements of debt service have been satisfied such amounts as
are necessary for the maintenance and operation of the correctional
facilities or regional jails or both that are constructed pursuant
to the plan required by this article and shall expend such
amounts
for such
purpose. The fund shall make an accounting of all amounts
received from each county by virtue of any filing fees, court costs
or fines required by law to be deposited in the fund and amounts
from the jail improvement funds of the various counties. After the
expenses of administration have been deducted, the amounts expended
in the respective regions from such
sources shall be in proportion
to the percentage the amount contributed to the fund by the counties in each region bears to the total amount received by the
fund from such
sources;
(5) Notwithstanding any other provisions of this article, sums
paid into the fund by each county pursuant to subsection (h) of
this section for each inmate shall be placed in a separate account
and shall be requisitioned from the fund to pay for the costs
specified in that subsection incurred at the regional jail facility
at which each such inmate was incarcerated of operating and
maintaining the regional jails in which county inmates are
incarcerated;
and
(6) Any amounts deposited in the fund from other sources
permitted by this article shall be expended in the respective
regions based on particular needs to be determined by the
authority.
(g) After a regional jail facility becomes available pursuant
to this article for the incarceration of inmates, each county
within the region shall incarcerate all persons whom the county
would have incarcerated in any jail prior to the availability of
the regional jail facility in the regional jail facility except
those whose incarceration in a local jail facility used as a local
holding facility is specified as appropriate under the standards
and procedures developed pursuant to section nine of this article
and who the sheriff or the circuit court elects to incarcerate
therein.
(h) When inmates are placed in a regional jail facility
pursuant to subsection (g) of this section, the county shall pay
into the regional jail and correctional facility development fund
a cost per day for each inmate so incarcerated to be determined by
the regional jail and correctional facility authority according to
criteria and by procedures established by regulations pursuant to
article three, chapter twenty-nine-a of this code to cover the
costs of operating the regional jail facilities of this state to
maintain each such inmate which costs shall not include the cost of
construction, acquisition or renovation of said regional jail
facilities: Provided, That each regional jail facility operating
in this state shall keep a record of the date and time of the
incarceration of an inmate, and a county may not be charged for a
second day of incarceration for an individual inmate until that
inmate has remained incarcerated for more than twenty-four hours.
Thereafter, in cases of continuous incarceration, subsequent per
diem charges shall be made upon a county only as subsequent
intervals of twenty-four hours pass from the original time of
incarceration.
(i) On and after the first day of November, one thousand nine
hundred ninety-three, the amounts as and when specified in section
thirty-a, article fifteen, chapter eleven of this code shall be
paid into the regional jail and correctional facility development
fund. All of the specified amounts deposited in this fund shall be pledged to the repayment of the principal and interest on any
revenue bonds or refunding bonds authorized by article twenty,
chapter thirty-one of this code, or any lease-purchase obligations
entered into with another state entity. On or prior to the first
day of January of each year, commencing the first day of January,
one thousand nine hundred ninety-four, the authority shall certify
to the tax commissioner of the state the principal and interest
requirements for the following fiscal year on any revenue bonds or
refunding bonds issued or to be issued or lease-purchase
obligations entered into or to be entered into with another state
entity, on or after the first day of January, one thousand nine
hundred ninety-four, and for which moneys contained within the
regional jail and correctional facility development fund have been,
or will be, pledged for repayment pursuant to this section:
Provided, That before the first day of November, one thousand nine
hundred ninety-three, the authority shall also certify to the state
tax commissioner the principal and interest requirements or
lease-purchase obligations entered into by the authority with
another state entity for the fiscal year ending on the thirtieth
day of June, one thousand nine hundred ninety-four, on any revenue
bonds or refunding bonds issued or lease-purchase obligations
entered into by the authority with another state entity, by the
authority on or after the first day of January, one thousand nine
hundred ninety-four. The maximum aggregate face value of bonds that may be issued by the authority, for which moneys in the
regional jail and correctional facility development fund are to be
pledged, is sixty-one million dollars.
(j) The Legislature hereby finds and declares that the supreme
court of appeals of West Virginia has held that the revenue bonds
authorized under the school building authority act, as enacted in
article nine-d, chapter eighteen of this code prior to the
twentieth day of July, one thousand nine hundred ninety-three,
constituted an indebtedness of the state in violation of section
four, article ten of the constitution of West Virginia. The
Legislature hereby further finds and declares that this section, as
well as section thirty, article fifteen, chapter eleven of this
code have been reenacted during the second extraordinary session of
the West Virginia Legislature in the year one thousand nine hundred
ninety-three, and that section thirty-a of said article has been
enacted in an attempt to comply with the holding of the supreme
court of appeals of West Virginia. The Legislature hereby further
finds and declares that the continued construction and improvement
of jail and prison facilities and the dedication of the consumers
sales tax pursuant to said section to finance such construction and
improvement are for the use and benefit of the state, its counties,
its municipalities and its other political subdivisions, and such
construction and improvement serves the vital public purpose of
assuring the physical safety of each citizen and the public at large. The Legislature hereby further finds and declares that it
intends, through the reenactment of this section and section
thirty, article fifteen, chapter eleven of this code and the
enactment of section thirty-a of said article to dedicate a source
of state revenue to a special fund for the purpose of paying a
portion of the debt service on bonds and refunding bonds issued and
lease-purchase obligations entered into by the authority with
another state entity, subsequent to the first day of January, one
thousand nine hundred ninety-four, the proceeds of which will be
utilized for the construction and improvement of jail and prison
facilities. The Legislature hereby further finds and declares that
it intends, through the reenactment of this section and section
thirty, article fifteen, chapter eleven of this code, and the
enactment of section thirty-a of said article to comply with the
provisions of section four, article ten; section six, article ten;
section six-a, article ten; and section one, article twelve of the
constitution of West Virginia.
NOTE: The purpose of this bill is to create special accounts
and funds in the State Treasury for the regional jail authority.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.