Senate Bill No. 394
(By Senators Manchin, Helmick and Ross)
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[Introduced February 16. 1995; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section three, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing for
the creation of a "boot camp" for youthful offenders between
the ages of sixteen to twenty-one.
Be it enacted by the Legislature of West Virginia:
That section three, article one, 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 1. ORGANIZATION AND INSTITUTIONS.
§25-1-3. Institutions managed by commissioner of corrections;
certain institutions transferred to department of
health and human resources and state board of health; establishment of work and study release
units; civil service coverage.
The commissioner of corrections shall manage, direct,
control and govern the following penal or correctional
institutions and any others placed under his jurisdiction or
control:
West Virginia Penitentiary at Moundsville;
West Virginia State Prison for Women at Pence Springs;
West Virginia Medium Security Prison at Huttonsville;
West Virginia Industrial Home for Girls at Salem;
West Virginia Industrial Home for Boys at Grafton;
Davis Center (formerly the West Virginia Forestry Camp for
Boys at Davis);
Leckie Center (formerly the West Virginia Forestry Camp for
Boys at Leckie); and
Anthony Center (formerly the Anthony Correctional Center).
Jurisdiction of and title to the West Virginia Children's
Home at Elkins are hereby transferred to the department of health
and human resources, which shall be the custodian of all deeds
and other muniments of title to such property and shall cause such as are susceptible of recordation to be recorded in the
proper offices. Notwithstanding any provision of this code to
the contrary, the West Virginia Children's Home shall be managed
and controlled by a superintendent appointed by the commissioner
of health and human resources.
The commissioner is hereby authorized to establish work and
study release units as extensions and subsidiaries of those state
institutions under his or her control and authority. Such work
and study release units may be coeducational and shall be
managed, directed and controlled as provided for in this article.
The commissioner is hereby authorized and directed to
establish a boot camp unit for youthful offenders who range in
age from sixteen to twenty-one years. The commissioner shall
seek advice from the closest regional commanding officer or from
the highest ranking officer assigned to duty in this state
serving in the United States Marine Corps related to how to
structure such boot camp in order to achieve maximum results
toward treating negative attitudinal and behavioral disorders
that plague youthful offenders and which have contributed to the commission of their offenses. The commissioner is, therefore,
authorized to make rules to determine any appropriate profile of
youthful offender to include in the boot camp program and to
develop a program suited to the needs of such youthful offenders.
Such program shall include, but not be limited to, rigid
structure and disciplinary methods designed to deter negative or
destructive attitudes and behavior and to instill discipline and
obedience.
The commissioner is hereby authorized to serve as a member
of the commission for distribution of surplus foods and exercise
all powers and authority otherwise granted to him or her in this
article to implement the pilot program for delivery of leftover
prepared foods at any institution under his or her control and
supervision, pursuant to section seventeen, article two, chapter
eighteen of this code.
Any person employed by the office of public institutions who
on the effective date of this article is a classified civil
service employee shall, within the limits contained in section
two, article six, chapter twenty-nine of this code, remain in the civil service system as a covered employee.
NOTE: The purpose of this bill is to direct the
commissioner of the department of corrections to establish a boot
camp program for youthful offenders. The bill directs the
commissioner to seek advice from the United States Marine Corps.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.