Senate Bill No. 450
(By Senators White, McKenzie, Sprouse and Sharpe)
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[Introduced February 10, 1998; referred to the
Committee on the Judiciary.]
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A BILL to amend and reenact section six, article five, chapter
twenty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
one, article eight, chapter sixty-two of said code; and to
further amend said article by adding thereto a new section,
designated section one-a, all relating to requiring inmates
of a regional jail facility to be financially responsible
for damage they cause to property owned by the division of
corrections or a correctional facility; creating a
misdemeanor for intentionally damaging property belonging to
the division of corrections; providing upon conviction of
either a misdemeanor offense of intentionally damaging
corrections' property or upon a felony conviction for
destroying property while involved in an escape attempt, that the commissioner of corrections automatically is
awarded a judgment and lien for a like amount as the
resulting monetary loss caused by the damage; and providing
reciprocity be practiced with other states with similar laws
in the event the other states afford full faith and credit
to judgments rendered in this state.
Be it enacted by the Legislature of West Virginia:
That section six, article five, chapter twenty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section one, article
eight, chapter sixty-two of said code be amended and reenacted;
and that said article be further amended by adding thereto a new
section, designated section one-a, all to read as follows:
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
ARTICLE 5. THE PENITENTIARY.
§28-5-6. Duties of warden as to money, valuables and earnings of
convicts; judgments and liens in favor of
commissioner of corrections.
The warden shall receive and take charge of the money and
valuables found upon each convict upon his arrival at the
penitentiary, and of all money sent to him or earned by him as
compensation for work during his imprisonment. The warden shall
keep an accurate account of all valuables, money and earnings so received, which account shall be subject to examination by the
state commissioner of public institutions, and the warden shall
deposit such money and earnings in one or more responsible banks
to the credit of an account to be designated "warden's trustee
fund." The warden shall credit such money and earnings to the
convict entitled thereto, and shall pay the same to him or his
family, or to those dependent upon him, in such amounts, at such
times and in such manner, as the state commissioner of public
institutions deems best; but at least ten percent of all money
earned during his imprisonment shall be kept for and paid to such
convict at the time of his discharge: Provided, That in the
event a determination is made, pursuant to section one or one-a,
article eight, chapter sixty-two of this code, that a convict has
caused destruction or damage to any property owned by or under
the control of the division of corrections or a correctional
facility under its authority, the warden shall attach all or part
of any moneys or valuables held under this section on behalf of
the convict to satisfy the monetary loss occasioned by the
destruction or damage, to the fullest extent the moneys or
valuables will satisfy the loss. The warden shall deliver to the
convict at the time of his discharge all valuables, money and
earnings then credited to him, or in case of the death of such
convict before discharge, the warden shall deliver such property to his personal representative: Provided, however, That in case
a committee is appointed for such convict during the term of his
imprisonment, the warden shall deliver to such committee, upon
demand, all money and valuables belonging to the convict and in
the custody of the warden, except money earned by such convict as
compensation for work done during his imprisonment.
CHAPTER 62. CRIMINAL PROCEDURES.
ARTICLE 8. CRIMES BY AND PROCEEDINGS AGAINST CONVICTS.
§62-8-1. Offenses by convicts; conspiracy; judgments and liens
in favor of commissioner of corrections;
reciprocity; preservation of civil remedies.
A person imprisoned or otherwise in the custody of the
commissioner of corrections is guilty of a felony if he shall
kill, wound or inflict other bodily injury upon an officer or
guard of the penitentiary or medium security prison; or shall
break, cut or injure any building, fixture or fastening of the
penitentiary or medium security prison, or any part thereof, for
the purpose of escaping or aiding any other convict to escape
therefrom, or rendering the penitentiary or medium security
prison less secure as a place of confinement;
or shall make,
procure, secrete, or have in his possession, any instrument, tool
or other thing for such purpose, or with intent to kill, wound or
inflict bodily injury as aforesaid; or shall resist the lawful authority of an officer or guard of the penitentiary or medium
security prison for such purpose or with such intent. Any three
or more convicts so confined, or in such custody, who shall
conspire together to commit any offense mentioned in this section
shall each be deemed guilty of a felony: Provided, That,
a
conviction under this section involving the destruction or damage
to property belonging to the division of corrections or any
correctional facility under its authority, upon proper evidence
of the extent of the monetary loss, shall entitle the
commissioner to judgment for a monetary value up to the amount of
monetary loss caused by the intentional act of the person as well
as a lien in a like amount, against any property held by a
warden on behalf of the person convicted hereunder under the
provisions of section six, article five, chapter twenty-eight of
this code, or against any other real or personal property held
by or on behalf of the person in this state. The courts of this
state shall afford reciprocity in accordance with similar
judgments rendered outside of this state when enforcement is
sought, to the extent the other state acknowledges the legitimate
right of the commissioner to enforce a judgment under this
section or grants full faith and credit to enforce a judgment
rendered hereunder: Provided, however, That nothing contained in
this section may be construed to limit any civil remedy existing at law to seek and secure a monetary award for property damage
caused by a person.
§62-8-1a. Offenses by convicts; causing destruction or damage
to property of division of corrections or
correctional facility; judgments and liens in favor
of commissioner of corrections; reciprocity; civil
remedies preserved.
A person imprisoned or otherwise in the custody of the
commissioner of corrections is guilty of a misdemeanor if he or
she intentionally breaks, cuts or injures any building, fixture
or fastening of a correctional facility or any part thereof,
including any equipment or other thing of value. Upon conviction
under this section, the person shall be required to make
restitution in an amount sufficient to cover the monetary loss
caused by the damage. A conviction under this section shall
entitle the commissioner to a judgment as well as a lien against
any property held by a warden on behalf of the convicted person
under the provisions of section six, article five, chapter
twenty-eight of this code, or to any other real or personal
property of value held by or on behalf of the person in this
state for monetary value up to the amount of monetary loss caused
by the intentional act of the person. The courts of this state
shall afford reciprocity in accordance with similar judgments rendered outside of this state against convicts in the event
enforcement is sought, to the extent the other state acknowledges
the legitimate right of the commissioner to enforce a judgment
under this section or grants full faith and credit to enforce a
judgment rendered hereunder: Provided, That nothing contained in
this section may be construed to limit any civil remedy existing
at law to seek and secure a monetary award for property damage
caused by a person.
NOTE: The purpose of this bill is to require financial
responsibility of inmates who cause damages at regional jails.
The proposed legislation would create a misdemeanor for
intentionally damaging property belonging to the division of
corrections. It would further provide, upon conviction of either
a misdemeanor offense of intentionally damaging corrections'
property or upon a felony conviction for destroying property
while involved in an escape attempt, that the commissioner of
corrections automatically is awarded a judgment and lien for a
like amount as the resulting monetary loss caused by the damage.
Finally it would provide for reciprocity with states that afford
full faith and credit to judgments resulting under the new law
when enforcement was sought in the other state.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
Section one-a is new; therefore, strike-throughs and
underscoring have been omitted.