H. B. 2548
(By Delegates Proudfoot, Ball, Ennis, Kallai,
Yeager and Anderson)
[Introduced February 17, 1995; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section five, article six, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to boot camp;
internal policy development; and requiring the state board
of education and the state superintendent of schools to
establish educational programs therein.
Be it enacted by the Legislature of West Virginia:
That section five, article six, chapter twenty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. BOOT CAMP.
§25-6-5. Internal policy development.
(a) The division of corrections shall promulgate operational
procedures and policies for the program which shall require that
the pilot program be established at one site, which site shall
then be under the control and authority of the division of
corrections. The program shall consist of all of the following
for each eligible offender whom the division permits to serve his
or her sentence as a sentence to boot camp:
(1) A period of imprisonment at the boot camp of not more
than twelve months which period of imprisonment shall consist of
a military style combination of discipline, physical training and
physical labor, substance abuse education, employment skills
training, social skills training, and psychological evaluation
and treatment. Additionally, the commissioner state board of
education and state superintendent of schools, pursuant to
section five, article twenty, chapter eighteen of this code,
respectively shall establish an education program for those
eligible offenders who are not recipients of a high school
diploma or a certificate of high school equivalence.
(2) Upon successful completion of the boot camp program, and notwithstanding any other provisions for determining parole
eligibility, an inmate shall be released on parole in accordance
with this article. Except as otherwise provided in this article,
a release on parole under this section shall require that the
eligible offender be under intensive supervision by the adult
parole authority and may provide for supervision of the offender
by the adult parole authority subsequent to the expiration of his
or her period of boot camp incarceration under any terms and for
any period of time prescribed by the provisions of article
twelve, chapter sixty-two of this code.
(b) The policies and procedures for the boot camp program
also shall include, but are not limited to, all of the following:
(1) Policies and procedures identifying the facilities under
the control and authority of the division of corrections
designated by the commissioner of corrections that will be used
for prisoners serving a sentence to boot camp;
(2) Policies and procedures governing academic education, or
psychological testing and evaluation, discipline, physical
training and labor for eligible offenders serving a sentence to
boot camp based upon the offender's physical conditions and needs: Provided, That the education program shall be
administered by the state board of education and state
superintendent of schools in accordance with section thirteen-f,
article two, chapter eighteen and section five, article twenty,
chapter eighteen of this code, respectively;
(3) Policies and procedures establishing additional criteria
the commissioner deems necessary to determine the eligibility of
offenders to serve their sentence as a sentence to boot camp;
(4) Policies and procedures establishing a method of
intensive supervision for an eligible offender who is released on
parole of the type described in this section for the remainder of
his or her parole sentence, and rules governing the supervision
of the offender subsequent to the expiration of his or her parole
sentence;
(5) Policies and procedures to effectuate notification to
sentencing courts of the performance of eligible offenders
serving their sentence of imprisonment as a sentence to boot
camp;
(6) Any other policies and procedures that are necessary for
the proper operation of the program.
(c) An eligible offender who does not satisfactorily
complete the entire period of boot camp incarceration, he or she
shall be removed from the program of boot camp and shall be
required to serve the remainder of the original sentence of
imprisonment which would have been available to the sentencing
court had boot camp not been directed by the circuit court or
allowed by the commissioner.
(d) If the circuit court directs or the division permits an
eligible offender to serve his or her sentence of imprisonment as
a sentence to boot camp, the eligible offender shall commence a
period of parole of the type described in this article. If an
eligible offender violates the conditions of parole, he or she
may be declared a parole violator and his or her parole shall be
subject to revocation pursuant to the provision of article
twelve, chapter sixty-two of this code.
NOTE: The purpose of this bill is to make the state board
of education and state superintendent of schools responsible for
the boot camp educational program.