H. B. 2797
(By Delegates Perry, Pino, Crosier, Fragale,
Eldridge, Caputo, Swartzmiller,
Klempa and Burdiss)
[Introduced February 1, 2007; referred to the
Committee on Finance.]
A BILL to amend and reenact §25-1-11d of the Code of West Virginia,
1931, as amended; to amend and reenact §31-20-27 of said code;
and to amend and reenact §49-5E-5a of said code, all relating
to providing a schedule of salary increases for employees of
the Division of Corrections, the Regional Jail and
Correctional Facility Authority and the Division of Juvenile
Services.
Be it enacted by the Legislature of West Virginia:
That §25-1-11d of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §31-20-27 of said code be amended
and reenacted; and that §49-5E-5a of said code be amended and
reenacted, all to read as follows:
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-11d. Compensation of employees approved by commissioner;
traveling and other expenses; payment of salaries.
The Commissioner of Corrections shall approve the salaries of
all employees of the Division of Corrections. Salaries shall be
commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given or paid
to the employee as all or part of their salary. The employees may
be provided meals, household facilities and supplies as may be
necessary for them to perform their duties, if the employees agree
to pay the reasonable cost as established by the Commissioner of
Corrections. In the event of an emergency, such as a riot or other
disturbance, the commissioner may authorize meals be provided to
employees at no cost. Additionally, the commissioner may establish
a procedure to reimburse employees reasonable costs in the event
the employee's personal property is stolen or damaged by an inmate.
All persons employed under this article are entitled to be
reimbursed for necessary traveling and other expenses. The
salaries, expenses and appropriations provided for the employees
under the commissioner's jurisdiction shall be paid in the same
manner as are those of other state employees and agencies and on a
payment schedule set forth by the State Auditor.
(a) Notwithstanding any provision of law to the contrary,
all
employees subject the provisions of this article shall receive a
schedule of salary increases as follows: on the first day of July,
two thousand seven - five thousand dollars; on the first day of
July, two thousand eight - one thousand dollars; and on the first
day of July, two thousand nine - one thousand dollars.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-27. Correctional officers; regional jails; priority of
hiring.
(a) Notwithstanding any provision of this code to the
contrary, the authority, when employing correctional officers to
complete the approved staffing plan of a regional jail completed
after the effective date of this section, shall employ any
correctional officer applying for a position as a correctional
officer at a regional jail who was employed in good standing at a
county jail facility in the region at the time of its closing or at
a prison facility operated by the Division of Corrections:
Provided, That the regional jail is located within the same region
as the prison facility that was closed due to relocation of the
prison facility to a site outside the region. Only those
correctional officers, who are employees in good standing at the
time the prison facility is closed, are eligible for transfer under
the provisions of this subsection. Correctional officers, employed
under the provisions of this subsection, shall be employed at a
salary and with benefits consistent with the approved plan of
compensation of the Division of Personnel, created under section
five, article six, chapter twenty-nine of this code. All
correctional officers employed under this subsection shall also be
covered by the policies and procedures of the education and state
employees grievance board, created under section five, article
six-a, chapter twenty-nine of this code and the classified-exempt
service protection policies of the Division of Personnel.
(b) The authority shall, when employing correctional officers
to fill positions within the approved staffing plan of any regional
jail, employ any correctional officer applying for a position as a correctional officer at a regional jail who was previously employed
as a correctional officer in good standing at any local jail
facility: Provided, That the local jail facility is located within
the same region as the regional jail at the time of the local jail
facility's closing or reduction in size and was reduced in size or
closed prior to or due to the completion of the regional jail
within the region. Correctional officers, employed under the
provisions of this subsection, shall be employed at a salary and
with benefits consistent with the approved plan of compensation of
the Division of Personnel, created under section five, article six,
chapter twenty-nine of this code. Only those county correctional
officers who are employees in good standing at the time the local
jail facility is closed are eligible for transfer under the
provisions of this subsection. All correctional officers employed
under this subsection shall also be covered by the policies and
procedures of the education and state employees grievance board
created under section five, article six-a, chapter twenty-nine of
this code and the classified-exempt service protection of the
Division of Personnel.
(c) Notwithstanding any provision of law to the contrary,
all
employees subject to the provisions of this article shall receive
a schedule of salary increases as follows: On the first day of
July, two thousand seven - five thousand dollars; on the first day
of July, two thousand eight - one thousand dollars; and on the
first day of July, two thousand nine - one thousand dollars.
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-5a. Juvenile detention and corrections facilities;
employees; priority of hiring.
(a) Notwithstanding any provision of this code to the
contrary, the division, when employing any persons to complete the
approved staffing plan of any of its juvenile detention or
corrections facilities, shall employ any person otherwise qualified
who applies for a position at the juvenile detention or corrections
facility who was also employed in good standing at a county or
local jail facility, at the time of its closing, that was closed
due to the completion of a regional jail.
(b) All persons employed at a juvenile detention or
corrections facility shall be employed at a salary and with
benefits consistent with the approved plan of compensation of the
Division of Personnel, created under section five, article six,
chapter twenty-nine of this code; all such employees shall also be
covered by the policies and procedures of the education and state
employees grievance board, created under section five, article
six-a, chapter twenty-nine of this code and the classified service
protection policies of the Division of Personnel.
(c) Notwithstanding any provision of law to the contrary,
all
employees subject to the authority of the Division of Juvenile
Services in this state shall receive a schedule of salary
increases as follows: On the first day of July, two thousand seven
- five thousand dollars; on the first day of July, two thousand
eight - one thousand dollars; and on the first day of July, two
thousand nine - one thousand dollars.
NOTE: The purpose of this bill is to provide a schedule of
salary increases for employees of the Division of Corrections, the
Regional Jail and Correctional Facility Authority and the Division
of Juvenile Services.
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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