H.
B.
4057
(By Delegate Love)
[Introduced January 20, 1994; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article fifteen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring the development of voluntary work release programs for nonviolent county and regional jail prisoners.
Be it enacted by the Legislature of West Virginia:
That section four, article fifteen, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§
17-15-4. Work by prisoners; required work release program;
relief of sheriffs and others from liability for
injuries, etc.
(a) Any person convicted of a criminal offense and sentenced to confinement in a county or regional jail shall, as incident to such sentence of confinement, be required to perform labor within the jail, as a trusty or otherwise, or in and upon the buildings, grounds, institutions, roads, bridges, streams or other public works of the county or the area within which the regional jail is located if he or she meets the following criteria:
(1) Such person is at least eighteen years of age;
(2) Such person is physically and mentally sound and has not been exempted for medical reasons from such work by a licensed physician or other medical professional; and
(3) Such person is deemed by the county commission, the sheriff or the regional jail commission not to pose a threat to the community if released for work purposes.
(b)
Each county and regional jail shall develop and implement a work release program for all nonviolent prisoners not later than the first day of July, one thousand nine hundred ninety-five, which shall include the following criteria:
(1) Each participant in the work release program shall participate on a voluntary basis.
(2) Only nonviolent prisoners may participate in the program.
(3) Participants must cooperate with, and work in a manner which is satisfactory to the supervisor.
(4) For each eight hours of participation in the work release program, a participant shall be credited with one day toward his or her sentence for a maximum of fifty percent of the sentence.
The work described in
the subsection (a) of this section shall be performed under the supervision, care and custody of the county commission, the regional jail commission, the sheriff, his deputies, correctional officers or other person charged with inmate supervision to perform maintenance or control litter in this state.
(c) In order to effectuate the provisions of this section the county commission, the sheriff or the regional jail commission shall promulgate rules and regulations for the safe and useful employment of inmate labor.
(d) Notwithstanding any provision of this code to the contrary, the county commission, its members and agents, the regional jail commission, its members or agents, the sheriff, his deputies, correctional officers and agents shall be immune from liability of any kind for accidents, injuries or death to such inmate except for accident, injury or death resulting directly from gross negligence or malfeasance.
(e) The sheriff of the county in which the work is to be performed, with the approval of the county commission, or the regional jail commission may hire or appoint any personnel necessary for the supervision of inmate labor.
(f) Nothing in this section shall be construed to allow the use of inmate labor for private projects or as contract employees of for profit businesses.
(g) Any inmate
described in subsection (a) of this section who performs work pursuant to the provisions of this section shall receive as sole and full compensation therefor, a reduction in his or her term of incarceration of not more than twenty-five percent of the original sentence excluding any other statutorily granted "good time." Each eight-hour period of approved work shall entitle an inmate to one day's sentence reduction:
Provided,
That any "good time" earned pursuant to the provisions of subsection (a) of this section shall be in addition to any other reduction of sentence the inmate may accumulate.
(h) Any person being held as a detainee or for contempt may voluntarily participate in such labor as provided for in this section under the terms and conditions hereinbefore set forth.
NOTE: The purpose of this bill is to require the development of voluntary work release programs for nonviolent county and regional jail prisoners.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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