COMMITTEE SUBSTITUTE
FOR
H. B. 2895
(By Delegates Leach, Beane, Seacrist, Kelley and Proudfoot)
(Originating in the House Committee on Finance)
[February 10, 1998]
A BILL to amend and reenact section five, article one, chapter
twenty-five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the treatment of
mentally ill persons in correctional facilities; authorizing
the commissioner of corrections to establish policies
relating to treatment and providing that certain rules and
policies are not applicable to correctional facilities.
Be it enacted by the Legislature of West Virginia:
That section five, article one, chapter twenty-five of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-5. Rules and regulations.
The state commissioner of public institutions corrections is
authorized to make rules for the proper execution of his or her
duties and powers; He shall also have the power to adopt rules
and regulations for the government of the institutions named or
referred to in section three of this article; and to adopt rules for the administration of the financial and business affairs of
the institutions named or referred to in section four of this
article; and shall therein prescribe, consistent and establish
policies regarding the treatment of mentally ill inmates, which
reflect the safety and security concerns specific to correctional
facilities. Notwithstanding any provisions of law to the
contrary, the division of corrections is not subject to the rules
promulgated by the board of health for the treatment of mentally
ill patients nor the mandates developed pursuant to E. H. v.
Matlin.
Consistent with the provisions of this article, the
commissioner shall prescribe the duties of the persons connected
with the management of such institutions. When any of the guards,
attendants, or other employees in the institutions mentioned in
this section are uniformed, the state commissioner of public
institutions corrections shall prescribe the design, or designs,
of the uniforms, which designs shall be dissimilar to the design
of the uniform worn by the members of the department of public
safety. and, when When the institution is located in, or in close
proximity to, a municipality, no such guard, attendant or other
employee shall may wear the cap or caps designed by the
commissioner as part of the uniform, when not actually on duty
connected with his employment, nor shall such municipality adopt
for its police officers or other employees a uniform which is
similar in design to the uniform adopted by the commissioner.
Any person violating the provisions of this article shall be
guilty of a misdemeanor and, upon conviction shall be punished by a fine of not more than ten dollars, or by imprisonment for ten
days, or both.
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