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Introduced Version Senate Bill 475 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia Legislature

2017 regular session

Introduced

Senate Bill 475

By Senators Ojeda, Facemire, Jeffries, Plymale, Romano, Stollings, Swope, Unger and Cline

[Introduced February 28, 2017; Referred
to the Committee on Government Organization; and then to the Committee on Finance]

A BILL to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; and to amend and reenact §31-20-27 of said code, all relating to creating incentives for the hiring and retention of Division of Corrections and Regional Jail Authority and Correctional Facility Authority correctional officers.

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; and that §31-20-27 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; hourly rate increases; education and training.

(a) 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 If there is 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.

(b) The Legislature finds that the Division of Corrections has extreme difficulty in recruiting and retaining correctional officers because of the necessity of the officers to work in prison environments, with inmates, and with parolees. Further, the Legislature finds that, the State of West Virginia has the lowest starting pay for these employees in the nation. Accordingly, the Legislature directs that the West Virginia Division of Personnel, effective July 1, 2017:

(1) Raise the starting hourly rate of correctional officers to $11.80;

(2) Increase the hourly rate of correctional officers after graduation from the corrections academy and existing uniform officers up to and including the rank of captain, $2.50 per hour; and

(3) Allow military police with corrections experience a starting hourly rate of $12.80 for the first six months as a correctional officer.

(c) The commissioner shall offer an education incentive for correctional officers with at least four years of service. At the option of the officer, the commissioner shall pay for the officer’s educational expenses in a field of study related to corrections, probation or law enforcement.

(d) The commissioner shall annually hold four all day correctional officers test preparation seminars on Saturdays in four different parts of the state.

CHAPTER 31. CORPORATIONS.

ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.

§31-20-27. Employees of Regional Jail Authority; priority of hiring; civil service coverage; hourly rate increases; education and training.


(a) Notwithstanding any provision of this code to the contrary, the authority, when hiring employees to complete the approved staffing plan of a regional jail shall do so 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: Provided, That, effective July 1, 2017, the West Virginia Division of Personnel shall:

(1) Raise the starting hourly rate of correctional officers to $11.80;

(2) Increase the hourly rate of correctional officers after graduation from the corrections academy and existing uniform officers up to and including the rank of captain $2.50 per hour; and

(3) Allow military police with corrections experience a starting hourly rate of $12.80 for the first six months as a correctional officer.

All persons employed under this subsection shall be placed in the civil service system as covered employees. On and after January 1, 2008, the Executive Director of the Regional Jail and Correctional Facility Authority; all employees within the office of the executive director and all regional jail administrators are exempt from coverage under the classified service.

(b) Persons 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 persons employed under this subsection shall also be covered by the policies and procedures of the West Virginia Public Employees Grievance Board created under section one, article three, chapter six-c of this code.

(c) Notwithstanding the provisions of section ten, article six, chapter twenty-nine of this code, and any rule promulgated thereunder, on and after July 1, 2007, any person applying for employment with the Regional Jail and Correctional Facility Authority shall be hired based on passage of the correctional officer examination without regard to his or her position on the correctional officer register and shall be placed in the civil service system as covered employees: Provided, That no such person shall be hired before an otherwise qualified person on a preference register.

(d) The executive director shall offer an education incentive for correctional officers with at least four years of service. At the option of the officer, the commissioner shall pay for the officer’s educational expenses in a field of study related to corrections, probation or law enforcement.

(e) The executive director shall annually hold four all day correctional officers test preparation seminars on Saturdays in four different parts of the state.

 

NOTE: The purpose of this bill is to create incentives for the hiring and retention of correctional officers within the Division of Corrections and the Regional Jail Authority and Correctional Facility Authority.

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

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