Senate Bill No. 160
(By Senators Jenkins, Plymale and Yoder)
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[Introduced January 16, 2006; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact §31-20-2 and §31-20-10 of the Code of
West Virginia, 1931, as amended, all relating to defining
"arresting agency"; and providing that the arresting agency shall
pay the cost for the initial twenty-four hours of incarceration
for each inmate it arrests who is incarcerated.
Be it enacted by the Legislature of West Virginia:
That §31-20-2 and §31-20-10 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL
FACILITY AUTHORITY.
§31-20-2. Definitions.
Unless the context indicates clearly otherwise, as used in this
article:
(a) "Adjacent regional juvenile detention facility" means a facility constructed or maintained on property owned or
controlled by the Regional Jail Authority and designed: (1) For
the short-term preadjudicatory detention of juveniles, for the
confinement of juveniles who are awaiting transportation to or
placement at another juvenile detention facility or juvenile
correctional facility or who are awaiting trial as an adult
pursuant to section ten, article five, chapter forty-nine of this
code; or (2) for the court-ordered, short-term placement of
juveniles in a facility that is characterized by programmatic
intervention and by staff restrictions of the movements and
activities of juveniles placed there, that limits the juveniles'
access to the surrounding community and that is not characterized
by construction fixtures designed to physically restrict the
movements and activities of juveniles.
(b) "Arresting agency" means any state, county or municipality
with arrest powers that arrests a person.
(b)(c) "Authority" or "West Virginia Regional Jail Authority"
means the West Virginia Regional Jail and Correctional Facility
Authority created by this article.
(c)(d) "Board" means the governing body of the authority.
(d)(e) "Bonds" means bonds of the authority issued under this
article.
(e)(f) "Cost of construction or renovation of a local jail
facility, regional jail facility or juvenile facility" means the cost of all lands, water areas, property rights and easements,
financing charges, interest prior to and during construction and
for a period not exceeding six months following the completion of
construction, equipment, engineering and legal services, plans,
specifications and surveys, estimates of costs and other expenses
necessary or incidental to determining the feasibility or
practicability of any project, together with any other expenses
necessary or incidental to the financing and the construction or
renovation of the facilities and the placing of the facilities in
operation.
(f)(g) "County" means any county of this state.
(g)(h) "Federal agency" means the United States of America and
any department, corporation, agency or instrumentality created,
designated or established by the United States of America.
(h)(i) "Fund" or "funds" means a Regional Jail and Correctional
Facility Authority Fund provided in section ten of this article,
including those accounts that may be established by the Authority
for accurate accounting of the expenditure of public funds by
that agency.
(i)(j) "Government" means state and federal government, and any
political subdivision, agency or instrumentality of the state or
federal government, corporate or otherwise.
(j)(k) "Inmate" means any adult person properly committed to a
local or regional jail facility or a correctional facility.
(k)(l) "Local jail facility" means any county facility for the
confinement, custody, supervision or control of adult persons
convicted of misdemeanors, awaiting trial or awaiting
transportation to a state correctional facility.
(l)(m)"Municipality" means any city, town or village in this
state.
(m)(n) "Notes" means any notes as defined in section one hundred
four, article three, chapter forty-six of this code issued under
this article by the authority.
(n)(o) "Correctional facility" means any correctional facility,
penitentiary or other correctional institution operated by the
Division of Corrections for the incarceration of adults.
(o)(p) "Regional jail facility" or "regional jail" means any
facility operated by the authority and used jointly by two or
more counties for the confinement, custody, supervision or
control of adult persons convicted of misdemeanors or awaiting
trial or awaiting transportation to a state correctional
facility.
(p)(q) "Revenues" means all fees, charges, moneys, profits,
payments of principal of, or interest on, loans and other
investments, grants, contributions and all other income received
by the authority.
(q)(r) "Security interest" means an interest in the loan
portfolio of the authority which is secured by an underlying loan or loans and is evidenced by a note issued by the authority.
(r)(s) "Work farm" has the same meaning as that term is used in
section twelve, article eight, chapter seven of this code
authorizing work farms for individual counties.
(s)(t) "Juvenile detention facility" or "juvenile detention
center" means a facility operated by the Division of Juvenile
Services: (1) For the short-term preadjudicatory detention of
juveniles, for the confinement of juveniles who are awaiting
transportation to or placement at another juvenile detention
facility or juvenile correctional facility or who are awaiting
trial as an adult pursuant to section ten, article five, chapter
forty-nine of this code; or (2) for the court-ordered, short-term
placement of juveniles in a facility that is characterized by
programmatic intervention and by staff restrictions of the
movements and activities of juveniles placed there, that limits
the juveniles' access to the surrounding community and that is
not characterized by construction fixtures designed to physically
restrict the movements and activities of juveniles.
(t)(u) "Juvenile correctional facility" means a facility operated
by the Division of Juvenile Services: (1) For the
postdispositional confinement of juveniles adjudicated of
offenses that would be criminal offenses if committed by an
adult; or (2) for the court-ordered placement of juveniles in a
facility that is characterized by programmatic intervention and by staff restrictions of the movements and activities of
juveniles placed there, that limits the juveniles' access to the
surrounding community and that is not characterized by
construction fixtures designed to physically restrict the
movements and activities of juveniles.
(u)(v) "Juvenile facility" means an adjacent regional juvenile
detention facility, a juvenile detention facility, a juvenile
detention center or a juvenile correctional facility.
§31-20-10. Regional Jail and Correctional Facility Authority
funds.
(a) The Regional Jail and Correctional Facility Authority may
create special funds in the State Treasury to identify various
revenue sources and payment of specific obligations. These funds
may be used for purposes that include, but are not limited to,
the construction, renovation or repair of specific facilities,
cash control, facility maintenance and the individual operations
accounts of facilities operated by the authority. The authority
may create other separate accounts within these funds that it
determines are necessary for the efficient operation of the
authority.
(b) Revenues deposited into these funds shall be used to make
payments of interest and shall be pledged as security for bonds,
security interests or notes issued or lease-purchase obligations
entered into with another state entity by the authority pursuant to this article.
(c) Whenever the authority determines that the balance in these
funds is in excess of the immediate requirements of this article,
it may request that the excess be invested until needed. In this
case, the excess shall be invested in a manner consistent with
the investment of temporary state funds. Interest earned on any
money invested pursuant to this section shall be credited to
these funds.
(d) If the authority determines that moneys held in these funds
are in excess of the amount needed to carry out the purposes of
this article, it shall take any action that is necessary to
release the excess and transfer it to the General Revenue Fund of
the State Treasury.
(e) These funds consist of the following:
(1) Amounts raised by the authority by the sale of bonds or other
borrowing authorized by this article;
(2) Moneys collected and deposited in the State Treasury which
are specifically designated by Acts of the Legislature for
inclusion in these funds;
(3) Contributions, grants and gifts from any source, both public
and private, which may be used by the authority for any project
or projects;
(4) All sums paid by the counties or arresting agencies pursuant
to subsection (h) of this section; and
(5) All interest earned on investments made by the state from
moneys deposited in these funds.
(f) The amounts deposited in these funds shall be accounted for
and expended in the following manner:
(1) Amounts raised by the sale of bonds or other borrowing
authorized by this article shall be deposited in a separate
account within these funds and expended for the purpose of
construction, renovation and repair of correctional facilities,
regional jails and juvenile detention and correctional facilities
for which need has been determined by the authority;
(2) Amounts deposited from all other sources shall be pledged
first to the debt service on any bonded indebtedness, including
lease-purchase obligations entered into by the Authority with
another state entity or other obligation incurred by borrowing of
the authority;
(3) After any requirements of debt service have been satisfied,
the authority shall requisition from these funds the amounts that
are necessary to provide for payment of the administrative
expenses of this article;
(4) The authority shall requisition from these funds, after any
requirements of debt service have been satisfied, the amounts
that are necessary for the maintenance and operation of regional
jails that are constructed pursuant to the provisions of this
article and shall expend those amounts for that purpose. These funds shall make an accounting of all amounts received from each
county by virtue of any filing fees, court costs or fines
required by law to be deposited in these funds and amounts from
the jail improvement funds of the various counties. After the
expenses of administration have been deducted, the amounts
expended in the respective regions from those sources shall be in
proportion to the percentage the amount contributed to these
funds by the counties in each region bears to the total amount
received by these funds from those sources;
(5) Notwithstanding any other provisions of this article, sums
paid into these funds by each county pursuant to subsection (h)
of this section for each inmate shall be placed in a separate
account and shall be requisitioned from these funds to pay for
costs incurred at the regional jail facility at which each inmate
was incarcerated; and
(6) Any amounts deposited in these funds from other sources
permitted by this article shall be expended in the respective
regions based on particular needs to be determined by the
authority.
(g) After a regional jail facility becomes available pursuant to
this article for the incarceration of inmates, each county within
the region shall incarcerate all persons whom the county would
have incarcerated in any jail prior to the availability of the
regional jail facility in the regional jail facility except those whose incarceration in a local jail facility used as a local
holding facility is specified as appropriate under the standards
and procedures developed pursuant to section nine of this article
and who the sheriff or the circuit court elects to incarcerate
therein.
(h) When inmates are placed in a regional jail facility pursuant
to subsection (g) of this section, the county shall pay into the
Regional Jail and Correctional Facility Authority Fund a cost per
day for each incarcerated inmate to be determined by the Regional
Jail and Correctional Facility Authority according to criteria
and by procedures established by legislative rules proposed for
promulgation pursuant to article three, chapter twenty-nine-a of
this code and as established in section ten-a of this article to
cover the costs of operating the regional jail facilities of this
state to maintain each inmate: Provided, That the arresting
agency shall pay the cost incurred for the initial twenty-four
hours of incarceration for each inmate. The per diem costs for
incarcerating inmates may not include the cost of construction,
acquisition or renovation of the regional jail facilities:
Provided, however, That each regional jail facility operating in
this state shall keep a record of the date and time that an
inmate is incarcerated and a county may not be charged for a
second day of incarceration for an individual inmate until that
inmate has remained incarcerated for more than twenty-four hours. After that, in cases of continuous incarceration, subsequent per
diem charges shall be made upon a county only as subsequent
intervals of twenty-four hours pass from the original time of
incarceration.
NOTE: The purpose of this bill is to provide that the arresting
agency pays the cost incurred for the initial twenty-four hours
of incarceration for each inmate they arrest and incarcerate.
Additionally, the bill defines "arresting agency".
Strike-throughs indicate language that would be stricken from the
present law, and underscoring indicates new language that would
be added.