H. B. 2545
(By Delegates Sobonya, Reynolds,
C. Miller and Morgan)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]
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 arrested by the agency 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; 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 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 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; 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
post-dispositional 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 as 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 pay the
administrative expenses of this article;
(4) The authority shall requisition
and expend 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.
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, That However, 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.