Senate Bill No. 582
(By Senators Wagner, Bailey, Bowman, Buckalew, Miller, Plymale, Walker and White)
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[Originating in the Committee on Government Organization;

reported March 1, 1995.]
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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; and to amend and reenact section one, article five, chapter twenty-eight of said code, all relating to institutions managed by commissioner of corrections; certain institutions transferred to department of health and welfare and state board of health; establishment of work and study release units; civil service coverage and discontinuation of the penitentiary; establishment of the Mount Olive correctional complex; management; and property.

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; and that section one, article five, chapter twenty-eight of said code be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
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:
Mount Olive correctional complex
Huttonsville correctional center;
West Virginia industrial home for youth (formerly West Virginia Industrial home for girls at Salem);
Pruntytown correctional Center (formerly West Virginia Industrial home for boys at Grafton);
Davis center (formerly the West Virginia forestry camp for boys at Davis);
Northern regional jail and correctional facility;
Leckie center (formerly the West Virginia forestry camp for boys at Leckie)
Denmar correctional center; 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 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.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
ARTICLE 5. THE PENITENTIARY.

§28-5-1. Continuation; management; property.

The West Virginia Penitentiary, heretofore established and located in Marshall county, shall be terminated. The lot of ground situated near Moundsville in said county of Marshall, containing about ten acres, heretofore selected by the board of public works as a site for the penitentiary, under an act of the Legislature passed the nineteenth day of February, one thousand eight hundred sixty-six, and the lot of ground containing about four and one-half acres adjoining the lot above-mentioned conveyed to this state by deed dated the nineteenth day of July, one thousand eight hundred ninety-two, also one lot of ground situated on the waters of Tom's Run, in Marshall county, containing ten acres, and conveyed to this state by deed dated the fifteenth day of December, one thousand eight hundred ninety- seven, also a tract of land of about sixty-three acres, situated on Grave creek, in Marshall county, and conveyed to this state by deed dated the sixteenth day of December, one thousand nine hundred one, shall be and remain the property of the state. The commissioner of corrections shall forthwith, upon closure of the penitentiary transfer title thereof to the public land corporation: Provided, That the provisions of section three, article five, chapter one of this code shall not apply to the transfer of the penitentiary to the public land corporation.
The West Virginia penitentiary shall be discontinued at the time it is no longer used as a state correctional institution. It shall be maintained on a minimal basis and kept secure from trespass or vandalism by the commissioner of corrections until such time as it be otherwise disposed of. The West Virginia penitentiary is hereby replaced by the Mount Olive correctional complex in Fayette county. All references in this code to the West Virginia penitentiary or the penitentiary shall be construed as references to the Mount Olive correctional complex.