Committee Substitute
House Bill 2966 History
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COMMITTEE SUBSTITUTE
FOR
H. B. 2966
(By Delegates Craig, Leach, Morgan, Stephens, Hubbard and Smirl)
(Originating in the Committee on the Judiciary)
[January 14, 2002]
A BILL to amend and reenact section twelve, article eight, chapter
seven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to authorizing the use of
correction officers and home confinement officers to supervise
county inmates at county farms.
Be it enacted by the Legislature of West Virginia:
That section twelve, article eight, chapter seven of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-12. Establishment, operation and maintenance of county work
farms.
The county court commission of every county shall have
authority, in its discretion, is authorized to establish, operate
and maintain a county work farm to be operated in connection with
the county jail and to be used for the confinement of such
prisoners as are assigned thereto as hereinafter set forth
provided. The county court commission of such counties is hereby
given authority is authorized to purchase land and other property
in connection with the establishment of such work farms a work farm
and to construct such buildings, fences and other facilities and to
acquire such any personal property as is necessary for the
maintenance and operation of to maintain and operate the such work
farm. The cost of such work the farm shall be paid out of the
general county fund or out of any other funds available to the
county court commission for such that purpose.
The county court commission shall have authority is authorized
to direct all make needed improvements and repairs necessary for
the proper upkeep of such the work farm and provide for the
necessary food, medical treatment and safekeeping of the prisoners.
confined therein. The work farm shall be operated in conjunction
with the county jail. The sheriff of the county shall be
responsible for and have the same control of the prisoners assigned to such the work farm as he or she has over the prisoners confined
in the county jail and shall make such any rules and regulations as
are necessary for the care and treatment of prisoners as are
assigned thereto, and shall take proper care for their discipline,
diet, clothing and safety. He or she shall also determine the type
and amount of labor each prisoner shall perform performs, and shall
perform all other duties with regard to the prisoners confined at
such the work farm as he or she is required to perform with regard
to prisoners in the county jail. He or she shall employ such
deputies, correction officers, or home confinement officers as
guards as may be necessary to supervise and insure the safekeeping
of the prisoners. Prisoners committed to said the work farm as
hereinafter provided shall be required to perform such those duties
and labor as are reasonably permitted by their physical and mental
condition. Provision shall be made for truck and vegetable gardens
to be tended by the prisoners, and for the raising of such fruit,
hogs, poultry, and other farm products as can be economically and
profitably produced. All food products produced on said the work
farm shall be used first for feeding prisoners either at said the
work farm, or at the county jail and any surplus may be used at any
other county institution.
The county court commission shall employ a superintendent for
such the county work farm, whose duty it shall will be to supervise
the work done and to care for and maintain the property and
equipment used in connection therewith and who shall serve until
his or her successor is elected and qualified employed as
hereinafter provided. Such The superintendent shall also keep an
accurate record of the number of prisoners confined at said the
county work farm and an accurate record of the cost of operating
said the work farm and shall make a report thereof to the county
court commission at such times as the court may require, but at
least twice each year. He or she shall also keep a record of the
farm products produced on such the farm, and of the disposition of
said the products. Such The superintendent and his or her
assistants shall be employed by the county court commission on the
written recommendation of the sheriff and shall be appointed as
deputy sheriffs of said county with all the authority, privileges
and immunities of deputy sheriff: Provided, That the county court
commission shall may not employ any such superintendent or
assistant superintendent unless it is satisfied that he or she
possesses the high character, appropriate ability and energy
suitable for such that employment.
The judge of the circuit court , intermediate, common pleas,
or such other court as has having jurisdiction for the trial of
felony cases in such counties the county, may upon his or her own
motion or upon application of any prisoner confined in the county
jail either in term time or in vacation, transfer any prisoner
confined in the county jail except those under conviction for a
felony to said the work farm or transfer any prisoner confined at
said the work farm to the county jail. Proper order shall be
entered in the order book of such the court of every such the
action. In sentencing any person to the county jail said the judge
may stipulate in said the order of sentence whether such the person
shall be confined in the county jail or confined at said the work
farm. This provision, however, shall may not be construed to give
authority to justices of the peace, magistrates, judges of police
courts, or mayors of municipalities to sentence persons to said the
work farm, nor to transfer persons from the county jail to said the
work farm.
Should any inmate of such the work farm escape therefrom he or
she shall be punished under the same provisions of law as if he or
she had escaped from the county jail.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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