H. B. 2128
(By Delegates Varner, Kuhn, Davis, Stalnaker,
Williams, Tucker and Claypole)
[Introduced February 17, 1997; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section four, article thirteen,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to
corrections; the inmate classification system.
Be it enacted by the Legislature of West Virginia:
That section four, article thirteen, chapter sixty-two of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
§62-13-4. Powers and duties of commissioner or director
generally; compensation and funds of inmates.
To accomplish the purposes of this article, the commissioner
(or the director of corrections management if one is appointed)
shall:
(a) Exercise general supervision over the administration of the institutions under the jurisdiction of the department;
(b) Establish separate subdivisions, to be headed by deputy
directors, of adult services, youth services, and other
subdivisions as he deems advisable, which may be headed by the
same or different deputy directors, which said deputy directors
must be graduates of an accredited college or university with a
degree in sociology, psychology, social science or a related
field;
(c) Establish rules and regulations in writing governing all
subdivisions and institutions within the department;
(d) Establish an in-service training program for personnel
of the department;
(e) Classify the institutions of the department, varying
according to such factors as security features, program, age and
sex of inmates, physical stature or size, character of inmates;
(f) Establish a system of classification of inmates, based
on the entire criminal history of the criminal offender, through
a reception and examination procedure, and in each institution a
classification committee and procedure for assignment of inmates
within the programs of the institution. Inmates convicted of
offenses that fall within levels four and five of this
classification system are prohibited from working outside of a
correctional institution without being supervised by a
correctional officer. Level four offenses shall include the
following: (1) Any offense involving explosives (detonation, potential risk of injury to other, criminal possession or
transportation); (2) armed or aggravated robbery; (3) kidnapping;
(4) first degree murder, with mercy; (5) second degree murder;
(6) first and second degree sexual assault; and (7) a sexual
offender with over a five year minimum. Level five offenses
include the following: (1) Any offense that would make an inmate
ineligible for parole or discharge; (2) habitual life sentences;
(3) life with mercy plus consecutive sentences that would equal
fifteen or more years to life; and (4) life without mercy;
(g) Cooperate with the department of education in providing
for the education of inmates in all institutions within the
department, subject to section thirteen-f, article two, chapter
eighteen of this code;
(h) Supervise the treatment, custody and discipline of all
inmates and the maintenance of the institutions and their
industries;
(i) Establish a system of compensation for inmates of the
correctional institutions of the state who perform good and
satisfactory work either within the industrial program or in the
servicing and maintenance of the correctional institutions or any
other institutions or camps within the state. The commissioner
(or the director, with the approval of the commissioner) may
establish a graduated scale of compensation to be paid to
inmates in accordance with their skill in industry.
The principal officer of any correctional institution, on
request of an inmate, may expend up to one half of the money so
earned by such inmate on behalf of the family of such inmate.
The remainder of the money so earned, after deducting amounts
expended as aforesaid, shall be accumulated to the credit of the
inmate and be paid to the inmate at such times as may be
prescribed by such rules. and regulations Such funds so
accumulated on behalf of inmates shall be held by the principal
officer of each institution, under a bond approved by the
attorney general.
The accumulation of such total funds, not necessary for
current distribution, shall be invested, with the approval of the
commissioner or as appropriate, the director through the West
Virginia municipal bond commission, in short term bonds or
treasury certificates or equivalent of the United States. Bonds
and certificates so purchased shall remain in the custody of the
state treasurer. The earnings from investments so made shall be
reported to the principal officer of each institution from time
to time, as earned, and shall be credited to the respective
accounts of such institutions by the commission.
When such earnings are transferred to the respective
institutions, they shall be credited by the principal officer to
the credit of and for the benefit of the inmates' activities
account.
NOTE: The purpose of this bill is to allow the Legislature
to oversee the inmate classification system. The bill
specifically requires that any inmate who falls within levels
four and five of this classification system be prohibited from
working outside of a correctional facility without being
supervised by a correctional officer.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.