F L O O R B O O K M E M O

To:Carrie Webster, Chair
From:Robert F. Williams
Re:
Com. Sub. for H.B. 4570

Date:
February 25, 2008

_________________________________________________________________

SPONSORS: Delegates Stemple, Mahan, Browning, Proudfoot, Long, Perry, Hrutkay, Varner and Webster.


SHORT TITLE: Authorizing regional jail employees to carry a firearm after receiving appropriate certification.


DATE INTRODUCED:February 14, 2008

IDENTICAL/SIMILAR BILLS: NA

CODE SECTIONS AFFECTED: Amend and Reenact: §31-20-27a.

SUMMARY ANALYSIS: This bill would allow the executive director of the WV Regional Jails to issue a certificate to regional jail employees who have successfully completed the authority's training program for firearms certification, to carry firearms and concealed weapons while on duty. It would also expand their powers to arrest.

FULL ANALYSIS:

I. SUBSTANTIVE ANALYSIS

A. EXISTING LAW: Regional Jail employees currently havae the authority to make an arrest of persons already charged with a violation of the law who surrender themselves to the correctional officer's custody, and arrest those persons already in the Regional Jail Authority's custody for violations conducted in their presence.

B. MEMO ON COMMITTEE SUBSTITUTE: This bill would allow the executive director of the WV Regional Jails to issue a certificate to regional jail employees who have successfully completed the authority's training program for firearms certification, to carry firearms and concealed weapons while on duty. The required training is to be equivalent to that required for deputy sheriffs. The Committee Substitute includes a provision to make it clear that the right to carry on jail property would still have to be consistent with the rules and practices established by the jail authority. The bill would also allow the correctional officers to arrest persons for violations of law conducted on the property of any regional jail, and to conduct investigations and pursue and apprehend escapees.

III. BACKGROUND AND DISCUSSION: This bill was filed to address a situation which the regional jail employees are likely to encounter in the normal conduct of their duties. Those duties include the transfer of prisoners to and from the jail to court appearances, transfers, to see a physician and other transfers. While guns are not carried inside the jail, they are necessary and appropriate when transferring prisoners. In practice, the guns are checked when they return to the jail.

IV. FISCAL ANALYSIS: No fiscal note provided.

V. COMMENTS

A. CONSTITUTIONAL ISSUES: None.

B. GOVERNMENT AGENCIES AFFECTED: Regional Jails, Regional Jail Authority.

C. RULE MAKING AUTHORITY:
None.

D. DRAFTING ISSUES OR OTHER COMMENTS: None.

E. COMMITTEE REFERENCE: Judiciary

F. TITLE ANALYSIS: Title OK.

G.
EFFECTIVE DATE: Regular