ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4531
(By Delegates Brown, Miley, Hatfield, Guthrie,
Lawrence, Poore and Caputo)
[Passed March 13, 2010; in effect ninety days from passage.]
AN ACT to amend and reenact §25-1-16 of the Code of West Virginia,
1931, as amended; to further amend said code by adding thereto
a new section, designated §31-20-30a; and to amend and reenact
§49-5E-6 of said code, all relating to the proper care of
inmates in state institutions or facilities; authorizing the
transfer of inmates with mental health needs; authorizing the
transfer of inmates for medical reasons under appropriate
supervision; providing criteria, standards and limitations
relating to the proper treatment of pregnant inmates;
authorizing restraint of pregnant inmates when necessary; and
providing criteria, standards and limitations relating to the
proper treatment of pregnant juveniles in the custody of the
Division of Juvenile Services.
Be it enacted by the Legislature of West Virginia:
That §25-1-16 of the Code of West Virginia, 1931, as amended
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §31-20-30a; and that §49-5E-6 of said code be amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-16. Transfer of inmates of state institutions or facilities.
The State Commissioner of Corrections shall have authority to
cause the transfer of any inmate from any correctional facility to
any other state or federal institution or facility which is better
equipped for the care or treatment of such inmate, or for other
good cause or reason.
Whenever an inmate committed to the custody of corrections
becomes mentally ill and his or her needs cannot be properly met
within the correctional facility, the commissioner shall proceed in
accordance with section thirty-one, article five, chapter twenty-
eight of this code.
Whenever an inmate committed to the custody of corrections
needs medical attention, other than mental health care, not
available at said prison, the warden or administrator of said
correctional facility shall immediately notify the Commissioner of
Corrections who, after proper investigation, shall cause the
transfer of said inmate to a facility properly equipped to render
the medical attention necessary. Such inmate, while receiving
treatment in said hospital, shall be under an appropriate level of
supervision at all times and shall forthwith be returned to his or
her correctional facility upon release from said facility
In providing or arranging for the necessary medical and other
care and treatment of a pregnant inmate, the warden or
administrator of the correctional facility shall take reasonable
measures to assure that pregnant inmates will not be restrained
after reaching the second trimester of pregnancy until the end of
the pregnancy:
Provided, That if the inmate, based upon her
classification, discipline history, or other factors deemed
relevant by the warden or administrator poses a threat of escape,
or to the safety of herself, the public, staff or the fetus, the
inmate may be restrained in a manner reasonably necessary:
Provided, however, That prior to directing the application of
restraints and where there is no threat to the safety of the
inmate, the public, staff or the fetus, the warden, administrator
or designee shall consult with an appropriate health care
professional to assure that the manner of restraint will not pose
an unreasonable risk of harm to the inmate or the fetus.
CHAPTER 31. CORPORATIONS.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-30a. Mechanical restraints during pregnancy.
In providing or arranging for the necessary medical and other
care and treatment of inmates committed to the Regional Jail
Authority's custody, the authority shall assure that pregnant
inmates will not be restrained after reaching the second trimester of pregnancy until the end of the pregnancy:
Provided, That if the
inmate, based upon her classification, discipline history, or other
factors deemed relevant by the authority poses a threat of escape,
or to the safety of herself, the public, staff or the fetus, the
inmate may be restrained in a manner reasonably necessary.
Provided, however, That prior to directing the application of
restraints and where there is no threat to the safety of the
inmate, the public, staff or the fetus, the director or designee
shall consult with an appropriate health care professional to
assure that the manner of restraint will not pose an unreasonable
risk of harm to the inmate or the fetus.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-6. Medical and other treatment of juveniles in custody of
the division; coordination of care and claims
processing and administration by the department;
authorization of certain cooperative agreements.
(a) Notwithstanding any other provision of law to the
contrary, the director, or his or her designee, is hereby
authorized to consent to the medical or other treatment of any
juvenile in the legal or physical custody of the director or the
division.
(b) In providing or arranging for the necessary medical and
other care and treatment of juveniles committed to the division's custody, the director shall utilize service providers who provide
the same or similar services to juveniles under existing contracts
with the Department of Health and Human Resources. In order to
obtain the most advantageous reimbursement rates, to capitalize on
an economy of scale and to avoid duplicative systems and
procedures, the department shall administer and process all claims
for medical or other treatment of juveniles committed to the
division's custody.
(c) In providing or arranging for the necessary medical and
other care and treatment of juveniles committed to the division's
custody, the director shall assure that pregnant inmates will not
be restrained after reaching the second trimester of pregnancy
until the end of the pregnancy:
Provided, That if the inmate,
based upon her classification, discipline history or other factors
deemed relevant by the director poses a threat of escape, or to the
safety of herself, the public, staff, or the unborn child, the
inmate may be restrained in a manner reasonably necessary:
Provided, however, That prior to directing the application of
restraints and where there is no threat to the safety of the
inmate, the public, staff or the fetus, the director or designee
shall consult with an appropriate health care professional to
assure that the manner of restraint will not pose an unreasonable
risk of harm to the inmate or the fetus.
(d) For purposes of implementing the mandates of this section, the director is hereby authorized and directed to enter into any
necessary agreements with the Department of Health and Human
Resources. Any such agreement shall specify, at a minimum, for the
direct and incidental costs associated with such care and treatment
to be paid by the Division of Juvenile Services.
Email
Webmaster | © 2024 West Virginia Legislature **
