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Committee Substitute House Bill 2895 History

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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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