H. B. 2192
(By Delegates Swartzmiller, Stemple and Craig)
[Introduced January 16, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §7-8-2 of the Code of West Virginia,
1931, as amended, relating to authorizing county jailors and
county correctional officers to carry firearms while
performing their duties.
Be it enacted by the Legislature of West Virginia:
That §7-8-2 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-2. Sheriff to be keeper of jail; appointment of jailer; care
of jail; authorizing county commissions and
municipalities to seek reimbursement of medical care
and certain clothing provided by county jails.
(a) The sheriff of every county shall be the keeper of the
jail thereof, temporary jail, temporary holding facility, or
bailiff's cell, or when the jail facility has been removed, the sheriff may, at his or her discretion, appoint a jailer and hire
county correctional officers. but he may, with the assent of the
county commission, appoint a jailer of the said county, and may
take from him a bond with security conditioned for the faithful
performance of his duties. The jailer may be a deputy sheriff and
shall take an oath of office like other officers. He or she shall
keep the jail in a clean, sanitary and healthful condition.
"Jailer" and "Correctional Officer" mean persons appointed and
hired by a sheriff whose sole duties are within the scope of the
active operation and management of the facility and may include the
care, processing, escorting, transferring, and transportation of
prisoners. Persons designated as jailers and county correctional
officers may, without a license therefor, carry firearms and
concealed weapons when necessary while in the performance of their
duties, provided they first complete a training program for
firearms certification, if not previously trained, and be certified
to use and carry a firearm. Jailors and county correctional
officers shall be required to meet the requirements of the
certification on a semiannual basis. Jailers and county
correctional officers shall be allowed to carry firearms and
concealed weapons in premises housing courts of law, while in the
performance of their duties. Each jailer and county correctional
officer, designated by the sheriff, shall carry with him or her a
certificate, authorizing him or her to carry a firearm or concealed weapon when performing his or her official duties, bearing the
official signature of the sheriff. Nothing in this article exempts
county correctional officers from the requirements of article
fourteen-b, chapter seven of this code.
When any prisoner is sick the jailer shall see that he or she
has adequate medical and dental attention and nursing, and so far
as possible keep him or her separate from other prisoners. Any
such medical and nursing care as the jailer may be required to
furnish shall be paid for by the county commission. A failure on
the part of the jailer to perform any of the duties herein required
with respect to any prisoner in his or her jail shall be a contempt
of any court of record under whose commitment such prisoner is
confined, and shall be punished as other contempts of such court.
The jailer or his or her agents are authorized to inquire of every
prisoner at any time whether he or she has medical insurance or is
covered by a public medical benefit, to further inquire of the
prisoner sufficient information to enable the county commission to
seek reimbursement of health care costs as provided by this section
and to take an assignment of the right to reimbursement from said
third parties.
(b) The county commission is hereby authorized to seek
reimbursement from every person who receives medical, dental,
hospital or eye care or any type of nursing care while incarcerated
in the jail at the rate at which the care is generally available in the community for those persons not incarcerated, from their
private health care insurers, if any, to the extent of the coverage
in effect, from any public agency then providing medical benefits
to the person incarcerated to the extent that said public agency
would have reimbursed the cost of the care rendered if the person
receiving the care was not then incarcerated so long as said
reimbursement is not inconsistent with the lawful provisions of the
agency's benefit program, or from persons who are liable pursuant
to section twenty-two, article three, chapter forty-eight of this
code: Provided, That no reimbursement for care shall be required
when any medical, dental, hospital or eye care or any type of
nursing care has been rendered for injuries or illnesses sustained
as a result of an act by another prisoner, injuries or illnesses
sustained where an act or omission by the jailer or any deputy
sheriff has been a contributing factor, or injuries or illnesses
resulting from fire or other catastrophic hazard, all without fault
on the part of the prisoner: Provided, however, That no
reimbursement for the care received from the person receiving the
care or from the person made liable for the care by section
twenty-two, article three, chapter forty-eight of this code shall
be sought unless that person is able to pay without undue hardship
considering the financial resources of the person, the ability to
pay of the person and the nature of the burden that reimbursement
will impose: Provided further, That the determination of undue hardship by the commission does not preclude the commission from
subsequently ordering reimbursement should the person's financial
circumstances change: And provided further, That whenever the
county commission seeks reimbursement from a municipality for
medical, dental, hospital, eye or nursing care authorized by this
subsection then the municipality shall also be hereby authorized to
seek reimbursement as provided for in this subsection for counties
under the same conditions.
(c) The county commission is hereby authorized to seek
reimbursement from every prisoner for the costs of any shoes and
clothing furnished by the jailer and retained by the prisoner after
his or her release from incarceration: Provided, That no
reimbursement for the goods authorized by this subsection shall be
sought unless the former prisoner is able to pay without undue
hardship, considering the financial resources of the person, said
persons' ability to pay and the nature of the burden that
reimbursement will impose: Provided, however, That the
determination of undue hardship by the county commission does not
preclude the county commission from subsequently ordering repayment
should the financial circumstances of such person change: Provided
further, That whenever the county commission seeks reimbursement
from a municipality for the goods then the municipality shall also
be hereby authorized to seek reimbursement for the goods authorized
by this subsection as provided for in this subsection for counties under the same conditions.
(d) Subject to any statutes of limitation, if reimbursement
pursuant to this section was sought at or within a reasonable time
after the release from incarceration of the person receiving the
goods or care and if the reimbursement authorized by this section
has not been received within one year the county commission or
municipality, as the case may be, may prosecute a civil action
against any liable person and against any insurer or agency the
assignment of whose obligation to pay for care was obtained by the
jailer. Any funds paid to or collected by the county commission or
municipality pursuant to the provisions of this section shall be
deposited to its general fund.
NOTE: The purpose of this bill is to authorize county
jailors
and county correctional officers to carry firearms while performing
their duties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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