COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 192
(By Senators Love, Hunter, White, McKenzie and Plymale)
____________
[Originating in the Committee on the Judiciary;
reported January 31, 2007.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §62-8-8, relating to
authorizing the Commissioner of the Division of Corrections
to issue orders of arrest for certain inmates who are no
longer in the physical custody of the commissioner; allowing
division personnel to obtain criminal complaints and warrants
for escapees and absconders; and entering data into all
criminal reporting databases and other computerized systems
for the reporting and apprehension of criminals and fugitives.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §62-8-8, to read as
follows:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.
§62-8-8.Orders and warrants for arrest of inmates; authorization
to obtain arrest warrants.
(a) Notwithstanding any provision of this code to the
contrary, the Commissioner of the Division of Corrections, or his
or her designee, may issue an order of arrest for inmates who have
been released from the custody of the division due to a clerical
error, mistake or due to the failure of a sentencing court to
timely transmit an order of commitment prior to the release of an
inmate from the commissioner's custody or to the commissioner's
custody. All law-enforcement officers shall honor and enforce
orders of arrest in the same manner afforded warrants of arrest
issued by magistrate or circuit courts notwithstanding any
provision of this code to the contrary.
(b)The Commissioner of the Division of Corrections, or his
or her designee, may file criminal complaints and obtain from a
court of competent jurisdiction an arrest warrant for any inmate
under commitment to the commissioner for service of a sentence of
incarceration who has escaped from a facility or otherwise
absconded from a furlough or temporary release.
(c)The Commissioner of the Division of Corrections, or his
or her designee, may enter such orders of arrest or warrants
referred to in this section into all criminal reporting databases
and other computerized systems utilized by law enforcement for the
reporting and apprehension of criminals and fugitives.
_____
(NOTE: The purpose of this bill is to allow the Commission of
Corrections to issue orders of arrest for persons inadvertently and
improperly released. It also allows Division of Corrections
personnel to obtain warrants for escapees and absconders. This bill also allows Division of Corrections personnel to enter data into
NCIC and similar databases.
This bill is recommended for introduction and passage during
the 2007 Regular Session of the Legislature by the Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority.)
Email
Webmaster | © 2024 West Virginia Legislature **
