Senate Bill No. 111
(By Senators Manchin, Anderson, Boley,
Grubb and Macnaughtan)
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[Introduced January 20, 1995; referred to the
Committee on the Judiciary.]
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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.