H. B. 2698


(By Delegate Ashley and Staton)
[Introduced March 24, 1997; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section ten, article five, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to private prisons and removing the former Spencer state hospital as a potential site for a private prison facility.

Be it enacted by the Legislature of West Virginia:
That section ten, article five, chapter twenty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5. PRIVATE PRISONS.
§25-5-10. Site selection.

(a) The regional jail authority shall approve the site for the proposed facility. Approval shall be in accordance with legislative rules promulgated in accordance with chapter twenty-nine-a of this code. One such legislative rule shall establish criteria for identifying and evaluating potential sites for private prisons and shall provide for a public hearing or hearings to allow reasonable participation in the selection process by the citizens of the area to be affected by the construction and operation of a private prison.
(b) Notwithstanding the provisions of subsection (a) of this section, the Legislature hereby approves the site at the former Spencer state hospital for a private prison facility: Provided, That the contractor shall comply with the remaining provisions of this article: Provided, however, That the contractor shall not be required to comply with subsection (b) of section five of this article: Provided further, That the contractor shall not be required to obtain the approval of the regional jail authority as required by section seven of this article.

NOTE: The purpose of this bill is to remove the former Spencer State Hospital as a potential site for a private prison facility.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.