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