H. B. 2818
(By Delegates Stemple, Pino,
Angotti, Hunt and Capito)
[Introduced February 17, 1999; referred to the
Committee on the Judiciary then Finance.]
A BILL to repeal section six, article five, chapter twenty-eight
of the code of West Virginia, one thousand nine hundred
thirty-one, as amended; to amend and reenact section
three-a, article one, chapter twenty-five of said code; and
to amend and reenact section nineteen, article twelve,
chapter sixty-two of said code, all relating to inmate and
parolee funds; and authorizing the division of corrections
to collect certain costs from inmates and parolees.
Be it enacted by the Legislature of West Virginia:
That section six, article five, chapter twenty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be repealed; that section three-a, article one, chapter
twenty-five of said code, be amended and reenacted; and that
section nineteen, article twelve, chapter sixty-two of said code,
be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-3a. Trustee accounts and funds.
The commissioner of public institutions corrections is
hereby authorized and empowered to establish at each institution
under his or her jurisdiction except the West Virginia
Penitentiary at Moundsville, the Medium Security Prison at
Huttonsville and the State Prison for Women at Pence Springs, a
"superintendent's a "trustee fund." The superintendent warden
or administrator of each institution when such is deemed
necessary, shall receive and take charge of the money and
valuables personal property, as defined by policy, of all inmates
in his or her institution and all money or valuables personal
property, as defined by policy, sent to such the inmates or
earned by such the inmates as compensation for work performed
while they are domiciled there. The superintendent warden or
administrator shall credit such money and earnings to the inmate
entitled thereto and shall keep an accurate account of all such
money and valuables personal property so received, which account
shall be is subject to examination by the state commissioner of
public institutions corrections. The superintendent warden or
administrator shall deposit such moneys in one or more
responsible banks in accounts to be designated superintendent's a "trustee fund."
The warden or administrator shall credit the money and
earnings to the inmate entitled thereto. Except for inmates
serving life without mercy, the warden or administrator shall
keep in an account at least ten percent of all money earned
during the inmate's imprisonment and pay same to the inmate at
the time of the inmate's release. The warden or administrator
shall pay to the inmate or the inmate's family, or to those
dependent upon the inmate, in amounts, at times and in a manner,
as the state commissioner of corrections considers best. The
warden or administrator shall deduct any incarceration charges or
restitution charges, or both, as authorized by the commissioner
of corrections. The chief executive officer of any correctional
institution, on request of an inmate, may expend up to one half
of the money so earned by the inmate on behalf of the family of
the inmate if the ten percent mandatory savings has first been
set aside and other fees owed by the inmate have been paid. The
remainder of the money earned, after deducting amounts expended
as authorized, shall be accumulated to the credit of the inmate
and be paid to the inmate at times as may be prescribed by rules.
The funds so accumulated on behalf of inmates shall be held by
the chief executive officer of each institution, under a bond
approved by the attorney general.
The superintendent warden or administrator shall deliver to the inmate at the time he or she leaves the institution, or as
soon as practicable thereafter, all valuables personal property,
moneys and earnings then credited to him the inmate, or in case
of the death of such the inmate before leaving authorized release
from the institution, the superintendent warden shall deliver
such the property to his the inmate's personal representative.
Provided, however, That In case a committee conservator is
appointed for such the inmate while he or she is domiciled at the
institution, the superintendent warden or administrator shall
deliver to such committee the conservator, upon proper demand,
all moneys and valuables personal property belonging to the
inmate which are in the custody of the superintendent warden or
administrator.
The commissioner of corrections is authorized to 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 may
establish a graduated scale of compensation to be paid to inmates
in accordance with their skill in industry.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-19. Violation of parole.
(a) If at any time during the period of parole, there shall
be is reasonable cause to believe that the parolee has violated
any of the conditions of his or her release on parole, the parole
officer may arrest him the parolee with or without an order or
warrant, or the commissioner of corrections may issue it's a
written order or warrant for his the parolee's arrest, which
written order or warrant shall be sufficient for his or her
arrest by any officer charged with the duty of executing an
ordinary criminal process. The commissioner's written order or
warrant delivered to the sheriff against the paroled prisoner
shall be is a command to keep custody of the parolee for the
jurisdiction of the division of corrections, and during the
period of custody, the parolee may be admitted to bail by the
court before which the parolee was sentenced. If the parolee is
not released on a bond, the costs of confining such the paroled
prisoner shall be paid out of the funds appropriated for the
division of corrections. The commissioner of corrections may
assess reasonable costs to the parolee as reimbursement to the
division of corrections for the confinement costs.
(b) When a parolee is under arrest for violation of the
conditions of his or her parole, he the parolee shall be given a
prompt and summary hearing, at which the parolee and his the
parolee's counsel shall be given an opportunity to attend. If at the hearing, it shall appear appears to the satisfaction of the
board that the parolee has violated any condition of his or her
release on parole, or any rules and regulations for his or her
supervision, the board may revoke his the parolee's parole and
may require him the parolee to serve in prison the remainder or
any portion of his or her maximum sentence for which, at the time
of his the parolee's release, he the parolee was subject to
imprisonment: Provided, That if the violation of the conditions
of parole or rules and regulations for his the parolee's
supervision is not a felony as set out in section eighteen of
this article, the board may, if in its judgment the best
interests of justice do not require that the parole be revoked,
release him or her from custody and continue him or her on
parole.
(c) When a parolee has violated the conditions of his or her
release on parole by confession to, or being convicted of any of
the crimes set forth in section eighteen of this article, he the
parolee shall be returned to the custody of the division of
corrections to serve the remainder of his or her maximum
sentence, during which remaining part of his the sentence he
shall be the parolee is ineligible for further parole.
(d) Whenever the parole of a paroled prisoner has been
revoked, the commissioner shall upon receipt of the board's
written order of revocation, and as soon as practicable, convey and transport the paroled prisoner to a state penal correctional
institution. from which he was granted a release on parole A
paroled prisoner whose parole has been revoked shall remain in
custody of the sheriff until delivery to a corrections officer
sent and duly authorized by the commissioner for the removal of
the paroled prisoner to a state penal correctional institution.
the cost of confining such paroled prisoner shall be paid out of
the funds appropriated for the penitentiary from which he was
paroled Postrevocation confinement costs shall be paid out of
funds appropriated for the division of corrections.
(e) When a paroled prisoner is convicted of, or confesses
to, any one of the crimes enumerated in section eighteen of this
article, it shall be is the duty of the board commissioner of
corrections to cause him or her to be returned to this state for
a summary hearing as provided by this article. A warrant filed
by the commissioner shall stop stops the running of his or her
sentence until the paroled prisoner is returned to custody.
Whenever a paroled prisoner has absconded supervision, the
commissioner shall issue a warrant for his the prisoner's
apprehension and return to this state for the hearing provided
for in this article: Provided, That the board may, if it be is
of the opinion the best interests of justice do not require such
the hearing, cause the paroled absconder to be released to
continue on parole.
(f) Whenever a parolee, who has absconded supervision or has
been transferred out of this state for supervision pursuant to
section one, article six, chapter twenty-eight of this code is
returned to West Virginia due to a violation of parole and costs
are incurred by the division of corrections, the commissioner may
assess reasonable costs from the parolee's inmate funds as
reimbursement to the division of corrections for the costs of
returning him or her to the state of West Virginia.
NOTE: The purpose of this bill is to authorize the
Commissioner of the Division of Corrections to collect certain
costs from inmates and parolees. It also updates language
concerning the establishment of inmate trustee accounts.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.