WEST virginia legislature

2024 regular session

House Bill 5184

By Delegates Crouse, Petitto, Lucas, Adkins, Maynor, and Dean

[Introduced January 25, 2024; Referred to the Committee on Jails and Prisons then the Judiciary]

A BILL to amend and reenact §15A-5-6 of the Code of West Virginia, 1931, as amended, relating to requiring inmates to be housed based on their biological sex.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. Bureau of Prisons and Jails.

§15A-5-6. Jail intake facilities; housing of adult inmates.

To the extent practicable, and in a manner consistent with providing for the safety of the public, correctional employees, and inmates, the commissioner will create space in every adult institution for both jail and prison populations: Provided, That in no case shall the commissioner be required to provide jail space in every institution in excess of space necessary for initial receiving, booking, and holding of an inmate to await transport by the Division of Corrections and Rehabilitation to the most appropriate housing placement for that inmate. In no case may a person who is a pretrial detainee, who is not currently serving a felony sentence in the custody of the commissioner, be held in a space designated as a prison unit. Further, no convicted misdemeanant actively serving a sentence on a misdemeanor shall be held in a space designated as a prison unit. Inmates shall be housed based on their biological sex.

NOTE: The purpose of this bill is to require inmates to be housed based on their biological sex.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.