H. B. 3348
(By Delegates Sobonya, Howard and Sumner)
[Introduced March 25, 2005; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §31-20-2 and §31-20-10 of the Code of
West Virginia, 1931, as amended, all relating to defining
"arresting agency"; and providing that the arresting agency
shall pay the cost for the initial twenty-four hours of
incarceration for each inmate it arrests who is incarcerated.
Be it enacted by the Legislature of West Virginia:
That §31-20-2 and §31-20-10 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
Unless the context indicates clearly otherwise, as used in
(a) "Adjacent regional juvenile detention facility" means a
facility constructed or maintained on property owned or controlled by the Regional Jail Authority and designed: (1) For the
short-term preadjudicatory detention of juveniles, for the
confinement of juveniles who are awaiting transportation to or
placement at another juvenile detention facility or juvenile
correctional facility or who are awaiting trial as an adult
pursuant to section ten, article five, chapter forty-nine of this
code; or (2) for the court-ordered, short-term placement of
juveniles in a facility that is characterized by programmatic
intervention and by staff restrictions of the movements and
activities of juveniles placed there, that limits the juveniles'
access to the surrounding community and that is not characterized
by construction fixtures designed to physically restrict the
movements and activities of juveniles.
(b) "Arresting agency" means any state, county or municipality
with arrest powers that arrests a person.
"Authority" or "West Virginia Regional Jail Authority"
means the West Virginia Regional Jail and Correctional Facility
Authority created by this article.
"Board" means the governing body of the Authority.
"Bonds" means bonds of the Authority issued under this
"Cost of construction or renovation of a local jail
facility, regional jail facility or juvenile facility" means the
cost of all lands, water areas, property rights and easements, financing charges, interest prior to and during construction and
for a period not exceeding six months following the completion of
construction, equipment, engineering and legal services, plans,
specifications and surveys, estimates of costs and other expenses
necessary or incidental to determining the feasibility or
practicability of any project, together with any other expenses
necessary or incidental to the financing and the construction or
renovation of the facilities and the placing of the facilities in
"County" means any county of this state.
"Federal agency" means the United States of America
and any department, corporation, agency or instrumentality created,
designated or established by the United States of America.
"Fund" or "funds" means a Regional Jail and
Correctional Facility Authority Fund provided in section ten of
this article, including those accounts that may be established by
the Authority for accurate accounting of the expenditure of public
funds by that agency.
"Government" means state and federal government, and
any political subdivision, agency or instrumentality of the state
or federal government, corporate or otherwise.
"Inmate" means any adult person properly committed to
a local or regional jail facility or a correctional facility.
"Local jail facility" means any county facility for the confinement, custody, supervision or control of adult persons
convicted of misdemeanors, awaiting trial or awaiting
transportation to a state correctional facility.
"Municipality" means any city, town or village in this
"Notes" means any notes as defined in section one
hundred four, article three, chapter forty-six of this code issued
under this article by the Authority.
"Correctional facility" means any correctional
or other correctional institution operated
by the Division of Corrections for the incarceration of adults.
"Regional jail facility" or "regional jail" means any
facility operated by the Authority and used jointly by two or more
counties for the confinement, custody, supervision or control of
adult persons convicted of misdemeanors or awaiting trial or
awaiting transportation to a state correctional facility.
"Revenues" means all fees, charges, moneys, profits,
payments of principal of, or interest on, loans and other
investments, grants, contributions and all other income received by
"Security interest" means an interest in the loan
portfolio of the Authority which is secured by an underlying loan
or loans and is evidenced by a note issued by the Authority.
"Work farm" has the same meaning as that term is used in section twelve, article eight, chapter seven of this code
authorizing work farms for individual counties.
"Juvenile detention facility" or "juvenile detention
center" means a facility operated by the Division of Juvenile
Services: (1) For the short-term preadjudicatory detention of
juveniles, for the confinement of juveniles who are awaiting
transportation to or placement at another juvenile detention
facility or juvenile correctional facility or who are awaiting
trial as an adult pursuant to section ten, article five, chapter
forty-nine of this code; or (2) for the court-ordered, short-term
placement of juveniles in a facility that is characterized by
programmatic intervention and by staff restrictions of the
movements and activities of juveniles placed there, that limits the
juveniles' access to the surrounding community and that is not
characterized by construction fixtures designed to physically
restrict the movements and activities of juveniles.
"Juvenile correctional facility" means a facility
operated by the Division of Juvenile Services: (1) For the
postdispositional confinement of juveniles adjudicated of offenses
that would be criminal offenses if committed by an adult; or (2)
for the court-ordered placement of juveniles in a facility that is
characterized by programmatic intervention and by staff
restrictions of the movements and activities of juveniles placed
there, that limits the juveniles' access to the surrounding community and that is not characterized by construction fixtures
designed to physically restrict the movements and activities of
"Juvenile facility" means an adjacent regional
juvenile detention facility, a juvenile detention facility, a
juvenile detention center or a juvenile correctional facility.
§31-20-10. Regional Jail and Correctional Facility Authority
(a) The Regional Jail and Correctional Facility Authority may
create special funds in the State Treasury to identify various
revenue sources and payment of specific obligations. These funds
may be used for purposes that include, but are not limited to, the
construction, renovation or repair of specific facilities, cash
control, facility maintenance and the individual operations
accounts of facilities operated by the Authority. The Authority
may create other separate accounts within these funds that it
determines are necessary for the efficient operation of the
(b) Revenues deposited into these funds 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
(c) Whenever the Authority determines that the balance in these funds is in excess of the immediate requirements of this
article, it may request that the excess be invested until needed.
In this case, the excess shall be invested in a manner consistent
with the investment of temporary state funds. Interest earned on
any money invested pursuant to this section shall be credited to
(d) If the Authority determines that moneys held in these
funds are in excess of the amount needed to carry out the purposes
of this article, it shall take any action that is necessary to
release the excess and transfer it to the General Revenue Fund of
the State Treasury.
(e) These funds 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 in these funds;
(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 or arresting agencies
pursuant to subsection (h) of this section; and
(5) All interest earned on investments made by the state from
moneys deposited in these funds.
(f) The amounts deposited in these funds 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 these funds and expended for the purpose of construction,
renovation and repair of correctional facilities, regional jails
and juvenile detention and correctional facilities 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
(3) After any requirements of debt service have been
satisfied, the Authority shall requisition from these funds the
amounts that are necessary to provide for payment of the
administrative expenses of this article;
(4) The Authority shall requisition from these funds, after
any requirements of debt service have been satisfied, the amounts
that are necessary for the maintenance and operation of regional
jails that are constructed pursuant to the provisions of this
article and shall expend those amounts for that purpose. These
funds 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 these funds 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 those sources shall be in proportion to the
percentage the amount contributed to these funds by the counties in
each region bears to the total amount received by these funds from
(5) Notwithstanding any other provisions of this article, sums
paid into these funds 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 these funds to pay for costs
incurred at the regional jail facility at which each inmate was
(6) Any amounts deposited in these funds from other sources
permitted by this article shall be expended in the respective
regions based on particular needs to be determined by the
(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
(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 Authority Fund a
cost per day for each incarcerated inmate to be determined by the
Regional Jail and Correctional Facility Authority according to
criteria and by procedures established by legislative rules
proposed for promulgation pursuant to article three, chapter
twenty-nine-a of this code and as established in section ten-a of
this article to cover the costs of operating the regional jail
facilities of this state to maintain each inmate: Provided, That
the arresting agency shall pay the cost incurred for the initial
twenty-four hours of incarceration for each inmate.
The per diem
costs for incarcerating inmates may not include the cost of
construction, acquisition or renovation of the regional jail
facilities: Provided, however,
That each regional jail facility
operating in this state shall keep a record of the date and time
that an inmate is incarcerated 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.
After that, 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
NOTE: The purpose of this bill is to provide that the
arresting agency pays the cost incurred for the initial twenty-four
hours of incarceration for each inmate they arrest and incarcerate.
Additionally, the bill defines "arresting agency."
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would