Senate Bill No. 10
(By Senators Prezioso, Unger and Facemire)
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[Introduced February 11, 2009; referred to the Committee on
Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §25-1-11d of the Code of West Virginia,
1931, as amended; to amend and reenact §49-5E-5a of said code;
and to amend and reenact §62-12-14 of said code, all relating
to providing that correctional officers, parole officers and
juvenile corrections officers may retire with full benefits
after twenty years of actual and honorable service.
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 §49-5E-5a of said code be amended
and reenacted; and that §62-12-14 of said code be amended and
reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-11d. Compensation of employees approved by commissioner;
traveling and other expenses; payment of salaries; retirement.
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 may 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.
Notwithstanding any provisions of this code to the contrary,
correctional officers and parole officers shall be allowed to
retire after 20 years of actual and honorable service, with full
benefits under the provisions of article ten, chapter five of this code.
The Consolidated Public Retirement Board shall propose rules
for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code designed to
implement the retirement of correctional officers provided in this
section.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-5a. Juvenile detention and corrections facilities;
employees; priority of hiring; retirement.
(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
West Virginia Public Employees Grievance Board, created under
section five, article six-a, chapter twenty-nine article three,
chapter six-c of this code and the classified service protection
policies of the Division of Personnel.
© Notwithstanding any provisions of this code to the contrary,
juvenile corrections officers are allowed to retire after 20 years
of actual and honorable service, with full benefits under the
provisions of article ten, chapter five of this code.
The
Consolidated Public Retirement Board shall propose rules for
legislative approval in accordance with the provisions of article
three, chapter twenty-nine-a of this code designed to
implement the
retirement of juvenile corrections officers provided
in this
section.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 12. PROBATION AND PAROLE.
§62-12-14. Appointment of probation and parole officers and
clerical assistants; qualifications of officers;
salaries and expenses; retirement.
(a) The director shall have has authority to appoint such
state probation and parole officers as may be necessary to the
proper administration of this article, and to employ clerical
assistants. He The director shall determine the qualifications of
probation and parole officers and may from time to time conduct
competitive examinations as a basis for their selection.
(b) The director shall fix the salaries of state probation and parole officers and all clerical assistants. All persons appointed
or employed by the director shall be paid all necessary expenses
incurred in the discharge of their duties.
© Notwithstanding any provisions of this code to the contrary,
parole officers are allowed to retire after 20 years of actual and
honorable service, with full benefits under the provisions of
article ten, chapter five of this code.
The Consolidated Public
Retirement Board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code designed
to implement the retirement of
parole officers provided
in this section.
NOTE: The purpose of this bill is to provide that correctional
officers, parole officers and juvenile corrections officers may
retire with full benefits after 20 years of actual and honorable
service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.