SB 192 Text

Senate Bill No. 192
(By Senators Love, Hunter, White, McKenzie and Plymale)
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[Introduced January 24, 2007; referred to the Committee on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-8-8, relating to authorizing the Commissioner of the Division of Corrections to issue warrants for the arrest, apprehension, extradition or reincarceration of certain inmates who are no longer in the physical custody of the division; requiring law-enforcement officers to honor and enforce the warrants; and authorizing the commissioner to enter the warrants into all criminal reporting databases and other computerized systems for the reporting and apprehension of criminals and fugitives.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §62-8-8, to read as follows:
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST INMATES.
§62-8-8. Warrants for arrest of inmates.
(a) The Commissioner of the Division of Corrections has authority to issue warrants for the arrest, apprehension, extradition or reincarceration of an inmate:
(1) Who has escaped from a facility or who has absconded from a furlough or temporary release; or
(2) Released from the custody of the Division of Corrections by virtue of clerical error, mistake or failure of a sentencing court to timely transmit an order of commitment prior to the release of the inmate.
(b) All law-enforcement officers shall honor and enforce warrants issued by the commissioner under this section. The commissioner may enter the warrants into all criminal reporting databases and other computerized systems for the reporting and apprehension of criminals and fugitives.

NOTE: The purpose of this bill is to authorize the Commissioner of the Division of Corrections to issue warrants for the arrest, apprehension, extradition or reincarceration of inmates who have escaped from a facility or absconded from a furlough or temporary release, or who were released from the custody of the Division of Corrections by virtue of clerical error, mistake or failure of a sentencing court to timely transmit an order of commitment prior to the release of the person.

This section is new; therefore, strike-throughs and underscoring have been omitted.

This bill is recommended for introduction and passage during the 2007 Regular Session of the Legislature by the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority.

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