H. B. 4465
(By Delegates Collins, Williams,
Claypole and Kuhn)
[Introduced February 18, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend article one, chapter twenty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to authorizing the division of
corrections to monitor, intercept, review, copy and disclose
incoming and outgoing mail of inmates in correctional
institutions; setting forth requisite conditions to justify
monitoring the mail of inmates; creating a felony for
violations concerning monitoring, intercepting, reviewing,
copying and disclosing inmates' mail; and requiring the
commissioner of corrections to propose legislative rules
setting forth procedures to monitor, intercept, review, copy
and disclose inmates' mail.
Be it enacted by the Legislature of West Virginia:
That article one, chapter twenty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be be amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-18. Monitoring of inmate and patient mail; procedures and
restrictions; correspondence concerning legal
matters excepted.
(a) The commissioner of corrections or his or her designee
shall have authority to monitor, intercept, open, review, copy
and disclose any mailings or intended mailings from or to an
adult inmate or patient of any state penal or correctional
institution in accordance with the following provisions:
(1) All adult inmates or patients of the state penal or
correctional institutions shall be notified in writing that their
outgoing or incoming mail may be monitored, intercepted, opened,
reviewed, copied and disclosed;
(2) Except as provided for in this subsection, only the
commissioner and his or her designee shall have authority to
monitor inmates' and patients' mail;
(3) A notice shall be prominently placed on or immediately
near every mail receptacle or other place designated for the
collection or delivery of mail in which monitoring may take
place;
(4) The contents of a outgoing or incoming mail may be
disclosed only if the disclosure is:
(A) Necessary to safeguard the orderly operation of the
penal or correctional institution;
(B) Necessary for the investigation of a crime;
(C) Necessary for the prevention of a crime;
(D) Necessary for the prosecution of a crime; or
(E) Required by an order of a court of competent
jurisdiction;
(5) All copies made of any ingoing or outgoing mail, unless
being disclosed in accordance with the preceding subdivision,
shall be destroyed within twelve months after the copying; and
(6) In recognition of the sanctity of the attorney-client
privilege, it is a felony to monitor, intercept, review, copy or
disclose any outgoing or incoming mail sent by or intended for
the legal counsel of an inmate or patient unless first authorized
by a court of competent jurisdiction or unless done with the
clear and unequivocable consent of the inmate or patient. Upon
conviction hereof, a sentence of imprisonment of no less than two
years and no more than four years may be imposed, or in lieu
thereof, a fine of no less than three thousand dollars and no
more than five thousand dollars may be imposed, or a fine and
sentence may be imposed.
(b) The commissioner shall propose legislative rules in
accordance with this section for the monitoring, intercepting,
reviewing, copying and disclosing of inmates' and patients' mail.
(c) The provisions of this section shall only apply to those
persons serving a sentence of imprisonment while imprisoned in a
facility under the direction of the commissioner of corrections.
NOTE: The purpose of this bill is to authorize the division
of corrections to monitor incoming and outgoing mail of inmates
in correctional institutions. The bill creates a felony for
opening mail intended for or sent from an inmate's or patient's
attorney.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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