H. B. 2176
(By Delegates Gallagher, Douglas, Compton, Linch,
Faircloth and Riggs)
[Introduced January 23, 1995; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact section three, article six, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the jail
and correctional facility standards commission to promulgate
legislative rules relating to West Virginia minimum standards
for construction, operation and maintenance of jails.
Be it enacted by the Legislature of West Virginia:
That section three, article six, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted, to read as follows:
ARTICLE 6. AUTHORIZATION FOR DEPARTMENT OF MILITARY AFFAIRS AND
PUBLIC SAFETY TO PROMULGATE LEGISLATIVE RULES.
§64-6-3. Jail and correctional facility standards commission.
(a) The legislative rules filed in the state register on the
fifth day of November, one thousand nine hundred eighty-seven,
relating to the jail and prison standards commission (West Virginia
minimum standards for construction, operation and maintenance of
jails), are authorized.
(b) The legislative rules filed in the state register on the
ninth day of May, one thousand nine hundred eighty-eight, modified
by the jail and prison standards commission to meet the objections
of the legislative rule-making review committee and refiled in the
state register on the twenty-seventh day of February, one thousand
nine hundred eighty-nine, relating to the jail and prison standards
commission (West Virginia minimum standards for construction,
operation and maintenance of holding facilities), are authorized.
(c) The legislative rules filed in the state register on the
eighteenth day of March, one thousand nine hundred eighty-eight,
modified by the jail and prison standards commission to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day of February,
one thousand nine hundred eighty-nine, relating to the jail and prison standards commission (West Virginia minimum standards for
construction, operation and maintenance of prisons), are authorized.
(d) The Legislature hereby authorizes and directs the jail and
prison standards commission to amend its rules relating to West
Virginia minimum standards for construction, operation and
maintenance of jails which were filed in the code of state
regulations (95 CSR 1) on the fifth day of April, one thousand nine
hundred eighty-eight, with the following amendment set forth below:
On page 7, §8.10 by striking out in the first sentence, after
the word "house", the following words: "no less than four (4)" and
On page 30 by adding a new section 17.21 to read as follows:
"17.21 Visitation to Home County. To the extent that the
previous subsections provide requirements for visitation with inmates
housed in regional jail facilities, it is the intent that such
requirements apply only to visitation provided in a regional jail
facility. When visitation with family and friends is required to be
provided to a person incarcerated in a regional jail facility in a
location other than the regional jail, the following provisions shall
apply:
17.21.1 The regional jail need not assume the responsibility for transportation to the home county seat of a person incarcerated in
the regional jail facility for visitation with their family and
friends unless that person has had no visits from family and friends
in the previous three months.
17.21.2 In providing any transportation under subsection 17.21.1
the regional jail has the right to schedule such transportation for
visits with family and friends of the person incarcerated in a manner
which would utilize to the utmost the regional jail's regularly
scheduled trips to each of the respective counties it serves,
including the scheduling of round-trips, so long as a minimum of 30
minutes is available for visitation.
17.21.3 The regional jail need not assume any responsibility for
transportation under subsection 17.21.1 when the distance from the
regional jail to the respective county seat is less than two hours
driving time."
(e) The legislative rules filed in the state register on the
twentieth day of September, one thousand nine hundred ninety-one,
modified by the jail and correctional facility standards commission
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the ninth day of July, one thousand nine hundred ninety-two, relating to the jail and
correctional facility standards commission (minimum standards for
construction, operation and maintenance of jails), are authorized,
with the following amendment:
On page 4, section 1.1, by striking everything after the word
"Scope" and inserting in lieu thereof the following: "This
legislative rule establishes minimum standards and procedures for new
jail facilities completed after the fifth day of April, one thousand
nine hundred eighty-eight, and shall serve only as guidelines for
jail facilities that were in operation prior to fifth day of April,
one thousand nine hundred eighty-eight."
(f) The Legislature hereby authorizes and directs the jail and
prison standards commission to amend its rules relating to West
Virginia minimum standards for construction, operation and
maintenance of holding facilities which were filed in the code of
state regulations (95 CSR 3) on the twenty-seventh day of June, one
thousand nine hundred eighty-nine, with the following amendment:
On page 30, by striking out all of §8.7, and renumbering the
following subsections.
(g) The legislative rules filed in the state register on the eleventh day of August, one thousand nine hundred ninety-four,
modified by the jail and correctional facility standards commission
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the fourth day of
November, one thousand nine hundred ninety-four, relating to the jail
and correctional facility standards commission (West Virginia minimum
standards for construction, operation and maintenance of jails), are
authorized.
NOTE: The purpose of this bill is to authorize the Jail and
Correctional Facility Standards Commission to promulgate legislative
rules relating to West Virginia minimum standards for construction,
operation and maintenance of jails.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.