H. B. 4334
(By Delegate Kuhn)
[Introduced February 1, 2000; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article five, chapter twenty-eight of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-seven-a, relating to providing a work release option
with good conduct deduction from sentence for persons who are
convicted and sentenced for nonviolent felonies.
Be it enacted by the Legislature of West Virginia:
That article five, chapter twenty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-seven-a, to read as follows:
ARTICLE 5. CORRECTIONAL INSTITUTIONS.
§28-5-27a. "Good time" credit for work release of nonviolent
felons.
In addition to the method of commutation of sentence for good
conduct or "good time" as provided for in section twenty-seven of
this article, adult inmates who are committed to the custody of the
commissioner of corrections for nonviolent crimes shall be given
good time credit for work on clean up projects in the state. Each
inmate whose sentence is for a nonviolent felony shall be given the
option to serve the sentence as otherwise provided in this article
or to work on clean up projects approved by the commissioner for
duration of the sentence. In order to determine areas of the state
requiring clean up crews, the commissioner shall receive input and
cooperation from the division of natural resources, the division of
highways and the division of parkways, economic development and
tourism authority. The commissioner of corrections shall
promulgate rules for work release of nonviolent offenders and
inmates which shall include provisions for the cleaning up of trash
along roads and highways and streams and rivers and the
transportation of refuse to local receiving stations. The rules
shall further provide that if an inmate elects to perform the work
authorized by the provisions of this section and then does not comply with requirements for performing that work, the inmate shall
serve the full sentence imposed without any good time credit for
work performed under this section.
NOTE: The purpose of this bill is to provide for a work
release option with good conduct deduction from sentence for
persons who are convicted and sentenced for nonviolent felonies.
§28-5-27a is new; therefore, strike-throughs and underscoring
have been omitted.