ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2517
(By Delegates
Perry, Boggs and Ellem)
[Passed March 11, 2011; in effect ninety days from passage.]
AN ACT to amend and reenact §23-4-1e of the Code of West Virginia,
1931, as amended, and to amend and reenact §25-7-
14 and §25-7-
16 of said code, all relating to providing workers
compensation benefits for persons participating in the prison
industry enhancement certification program; creating exception
for prohibition of purchase of temporary total disability
benefits coverage for persons participating in the program;
authorizing purchase of workers compensation insurance by
commissioner of the division of corrections for prison and
jail inmates participating in the prison certification
program; and authorizing purchase of workers compensation
insurance by the director of juvenile services for persons
under his or her supervision that are participating in the
prison certification program for incurred while confined
.
Be it enacted by the Legislature of West Virginia:
That §23-4-1e of the Code of West Virginia, 1931, as amended,
be amended and reenacted, and that §25-7-
14 and §25-7-16 of said
code be amended and reenacted, all to read as follows:
CHAPTER 23. WORKERS' COMPENSATION.
ARTICLE 4. DISABILITY AND DEATH BENEFITS.
§23-4-1e. Temporary total disability benefits not to be paid for
periods of correctional center or jail confinement;
denial of workers' compensation benefits for injuries
or disease incurred while confined.
(a) Notwithstanding any provision of this code to the
contrary, no person shall be jurisdictionally entitled to temporary
total disability benefits for that period of time in excess of
three days during which that person is confined in a state
correctional facility or jail:
Provided, That confinement shall
not affect the claimant's eligibility for payment of expenses
:
Provided, however, That this subsection is applicable only to
injuries and diseases incurred prior to any period of confinement.
Upon release from confinement, the payment of benefits for the
remaining period of temporary total disability shall be made if
justified by the evidence and authorized by order of the
commission, successor to the commission, other private carrier or
self-insured employer, whichever is applicable.
(b) Notwithstanding any provision of this code to the contrary, no person confined in a state correctional facility or
jail who suffers injury or a disease in the course of and resulting
from his or her work during the period of confinement which work is
imposed by the administration of the state correctional facility or
jail and is not suffered during the person's usual employment with
his or her usual employer when not confined shall receive benefits
under the provisions of this chapter for the injury or disease:
Provided, That individuals otherwise confined in a state
correctional facility or jail, or at a juvenile services facility,
and working in a program authorized by sections fourteen or sixteen
of article seven, chapter twenty-five of this code, shall be
eligible to receive benefits under the provisions of this chapter
while working in an authorized program. The coverage for benefits
may be obtained either by the private entity or by agreement with
the state agency as specified in subsection (5), subsection (a)
of
sections fourteen and sixteen of article seven, chapter twenty-five
of this code
.
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 7. CORRECTIONAL INDUSTRIES ACT OF 2009.
§25-7-14. Agreement between commissioner and private person for
manufacturing pursuant to Prison Industry Enhancement (PIE)
Certification Program; wages; inmate participation on
voluntary basis; and workers' compensation.
(a) The Commissioner of the Division of Corrections and a private person or entity may enter into an agreement to establish
a program for inmates to manufacture articles and products pursuant
to the federal Prison Industry Enhancement (PIE) Certification
Program. The agreement shall include the following:
(1) That a participating inmate be paid at a rate not less
than that paid for similar work in the same locality's private
sector, including applicable wage increases for overtime work;
(2) That an inmate's work or participation in a PIE
certification program shall be only on a voluntary basis and only
after the inmate has been informed of the conditions of
participation;
(3) That, in the discretion of the commissioner or the
commissioner's designee, any inmate may be removed from or refused
participation in the PIE certification program;
(4) That the agreement will not result in the displacement of
civilian workers; and
(5) That the private person or entity shall provide for
workers' compensation insurance, or equivalent coverage, to inmates
participating in the PIE certification program: Provided, That the
commissioner of the division of corrections
may provide workers
compensation or equivalent
insurance coverage for persons
participating in the PIE certification program, if reimbursement is
made to the division by the private person or entity for all costs
of the workers' compensation insurance or equivalent coverage
, as a condition of the agreement.
(b) The provisions of this section shall not apply to
correctional industry service contracts under section four of this
article or to operations authorized in section three of this
article that are restricted from sale in the open market.
(c) A commercial or agricultural enterprise established under
this chapter is a private enterprise subject to federal and state
laws governing the operation of similar enterprises.
(d) The earnings of an inmate participating in a PIE
certification program under this article shall be deposited in the
Inmate Trust Account with the Division of Corrections. The
earnings shall be paid to the inmate after withholding of state,
federal and local taxes, and after other deductions provided for in
this chapter, including expenses for room and board: Provided,
That the commissioner shall adopt policies and procedures for the
additional deduction from an inmate's earnings of not less than
five percent nor more than twenty percent, to be paid into the
Crime Victims Compensation Fund created by article two-a, chapter
fourteen of this code. Total deductions shall not exceed eighty
percent of the inmate's gross earnings. Earnings deposited by the
commissioner, with accrued interest, shall be paid to the inmate no
later than at the inmate's discharge or release on parole.
(e) Spousal support or child support shall be deducted from an
inmate's earnings as directed by the inmate or by court order. If the inmate's dependents are receiving Temporary Assistance for
Needy Families (TANF), the disbursements shall be made to the
Bureau for Child Support Enforcement or any other state's public
assistance agency.
§25-7-16. Agreement between director and private person for
manufacturing pursuant to Prison Industry Enhancement (PIE)
Certification Program; wages; resident participation on
voluntary basis; workers' compensation and unemployment
compensation.
(a) The Director of the Division of Juvenile Services and a
private person or entity may enter into an agreement to establish
a program for residents to manufacture articles and products
pursuant to the federal Prison Industry Enhancement (PIE)
Certification Program. The agreement shall include the following:
(1) That a participating resident be paid at a rate not less
than that paid for similar work in the same locality's private
sector, including applicable wage increases for overtime work;
(2) That a resident's work or participation in a PIE
certification program shall be only on a voluntary basis and only
after the resident has been informed of the conditions of
participation;
(3) That, in the discretion of the director or the director's
designee, any resident may be removed from or refused participation
in the PIE certification program;
(4) That the agreement will not result in the displacement of
civilian workers; and
(5) That the private person or entity shall provide for
workers' compensation insurance, or equivalent coverage, to
residents participating in the PIE certification program: Provided,
That, the director of the division of juvenile services
may provide
workers compensation or equivalent
insurance coverage for persons
participating in the PIE certification program, if reimbursement is
made to the division by the private person or entity
for all costs
of the workers' compensation insurance or equivalent coverage,
as
a condition of the agreement.
(b) The provisions of this section shall not apply to
correctional industry service contracts provided for in section
four of this article or to operations authorized by section three
of this article that are restricted from sale in the open market.
(c) A commercial or agricultural enterprise established under
this chapter is a private enterprise subject to federal and state
laws governing the operation of similar enterprises.
(d) The earnings of a resident participating in a PIE
certification program under this article shall be deposited in the
Resident Trust Account with the Division of Juvenile Services. The
earnings shall be paid to the resident after withholding of state,
federal and local taxes, and after other deductions provided for in
this chapter. The expenses of room and board, as fixed by the director and the budget agency for facilities operated by the
director or, if the resident is housed in a facility not operated
by the director, the amount paid by the Division of Juvenile
Services to the operator of the facility or other appropriate
authority for room and board, and other incidentals as established
by agreement between the Division of Juvenile Services and the
appropriate authority, shall be deducted: Provided, That the
director shall adopt policies and procedures for the additional
deduction from a resident's earnings of not less than five percent
nor more than twenty percent, to be paid into the Crime Victims
Compensation Fund created by article two-a, chapter fourteen of
this code. Total deductions shall not exceed eighty percent of the
resident's gross earnings. Earnings deposited by the director,
with accrued interest, shall be paid to the resident no later than
at the resident's discharge or release on parole.
When special circumstances warrant, or for just cause, the
director may waive room and board charges by a facility operated by
the Division of Juvenile Services or, if the resident is housed in
a facility not operated by the Division of Juvenile Services,
authorize payment of room and board charges from other available
funds.
(e) Spousal support or child support shall be deducted from a
resident's earnings as directed by the resident or by court order.
If the resident's dependents are receiving Temporary Assistance for Needy Families (TANF), the disbursements shall be made to the
Bureau for Child Support Enforcement or any other state's public
assistance agency.