H. B. 2847
(By Delegates Stemple, Crosier,
Williams, Kominar and Cann)
[Introduced February 3, 2003; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact section thirteen, article seven,
chapter seven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to counties
withholding payment of the cost of the initial transportation
to a jail facility of a person arrested by any law-enforcement
agency other than the county sheriff, except where a
transportation agreement exists between the other agency and
the sheriff.
Be it enacted by the Legislature of West Virginia:
That section thirteen, article seven, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. COMPENSATION OF ELECTED COUNTY OFFICIALS.
§7-7-13. Allowance for expenses of sheriff.
The county commission of every county having a population of thirty thousand or less as determined by the latest official census
available and which, as provided in section two-a, article eight of
this chapter, has directed the sheriff as jailer to feed prisoners
shall, in addition to his or her compensation, allow to the sheriff
for keeping and feeding each prisoner, other than federal prisoners
or prisoners held under civil process as provided by law, not more
than five dollars per day for each prisoner.
The limitation per day shall not include cost of personal
service, bed or bedding, soaps and disinfectants and items of like
kind, the cost of which shall be paid out of the allowance fixed by
the county commission under the provisions of present law.
All supplies of whatever kind for keeping and feeding
prisoners shall be purchased upon the requisition of the sheriff
under rules and regulations prescribed by the county commission.
At the end of each month the sheriff shall file with the county
commission a detailed statement showing the name of each prisoner,
date of commitment, date of discharge, the number of days in jail
and an itemized statement showing each purchase and the cost for
keeping and feeding prisoners.
The county commission of every county shall allow the actual
and necessary expenses incurred by the sheriff in the discharge of
his or her duties, including, but not limited to: those incurred
in arresting, pursuing or transporting persons accused or convicted
of crimes and offenses; in the cost of law-enforcement and safety equipment; in conveying or transporting a prisoner from and to jail
to participate in court proceedings; and in conveying or
transferring any person to or from any state institution where he
or she may be committed from his or her county, where the sheriff
is authorized to convey or transfer the person: Provided, That the
county commission shall not allow the sheriff expenses for the
initial transportation to a regional jail of a person arrested by
a law-enforcement agency other than the county sheriff, except
where there is a preexisting agreement between the county and the
political body the other law-enforcement agency serves. The county
commission shall allow the actual and necessary expenses incurred
in serving summonses, notices or other official papers in
connection with the sheriff's office.
Every sheriff shall file monthly, under oath, an accurate
account of all the actual and necessary expenses incurred by him or
her, his or her deputies, assistants and employees in the
performance and discharge of their official duties supported by
verified accounts before reimbursement thereof shall be allowed by
the county commission. Reimbursement, properly allowed, shall be
made from the general county fund.
NOTE: The purpose of this bill is to make the law-enforcement
agency that places a person under arrest responsible for that
person's initial transportation to a regional or county jail and
encourages consideration of agreements between county
law-enforcement and other law-enforcement agencies to share prisoner transportation responsibilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.