COMMITTEE SUBSTITUTE

FOR

H. B. 2128

(By Delegates Varner, Kuhn, Davis, Stalnaker,
Williams, Tucker and Claypole)

(Originating in the Committee on Government Organization)

[March 7, 1997]



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 the inmate classification system; prohibiting unsupervised work outside correctional facilities for inmates presenting a high degree of public risk.

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 through a reception and examination procedure a system of classification of inmates, based on the entire criminal and personal 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. The classification system shall provide that no inmate convicted of an offense classified under the two highest severity of offense risk categories may work or be permitted outside a correctional institution without the supervision of a correctional employee, which risk categories shall include the following penalties and offenses: (1) Any offense or sentence that would make an inmate ineligible for parole or discharge; (2) habitual life sentences; (3) life with mercy plus consecutive sentences that would equal more than fifteen years; (4) life without mercy; (5) any offense involving explosives; (6) armed or aggravated robbery with a sentence of twenty-one or more years;, (7) kidnapping;, (8) first or second degree murder;, (9) first or second degree sexual assault;, or (10) a sexual offense with over a five year minimum sentence: Provided, That nothing in this subsection may be construed to prohibit imposing the same restrictions on any inmate classified as presenting a high degree of public risk based on other factors;
 (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 require that any inmate convicted of certain offenses, or who presents a high degree of public risk,falls within levels four and five of this classification system based on other factors, will is to bebe 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.