ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 539
(Senators Love, Helmick, Schoonover, Hunter, Ross and Ball, original
sponsors)
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[Passed March 13, 1999; in effect ninety days from passage.]
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AN ACT to amend and reenact section five, article thirteen, chapter
sixty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the incarceration
of criminals and the authority of the commissioner of the
division of corrections; and authorizing the commissioner of
the division of corrections to contract with certain other
facilities for incarceration and care of inmates.
Be it enacted by the Legislature of West Virginia:
That section five, article thirteen, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 13. CORRECTIONS MANAGEMENT.
§62-13-5. Commitments; transfers.
All persons
committed sentenced by
courts a court of criminal and juvenile jurisdiction,
for custody in penal to serve a sentence of
incarceration in a penitentiary, prison or a correctional
or
training institutions
institution under the jurisdiction of the commissioner of
corrections shall be
committed to an appropriate institution, but deemed to be sentenced to the custody of the
commissioner of the division of corrections. The commissioner,
(or
the director if the commissioner so approves) shall have or
his or her designee, has the authority to and may order the
transfer of any person to any appropriate institution within the
department division of corrections or within the department of military
affairs and public safety. The commissioner has full discretionary
authority to contract with any county jail, regional jail or other
appropriate facility or institution for the incarceration and care
of inmates.
However, No person committed as a juvenile shall be held in
any institution except one for training and care of children; and
no one may be transferred to a state prison unless the crime for
which such the person is incarcerated was of the grade which would
warrant direct commitment to the prison.
The commissioner,
(or the director if the commissioner so
approves) or his or her designee, may transfer any
prisoner or inmate who is mentally disturbed and who would more
appropriately be treated in an institution under the jurisdiction
of the
department of mental division of health, to
such department the division, subject to the approval
of the
commissioner of the department of mental director of health; and may transfer any prisoner or inmate
to an appropriate mental facility for specialized medical
treatment..
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(NOTE: The purpose of this bill is to update language in the
provision addressing the custody of inmates. It also authorizes
the Commissioner of the Division of Corrections to contract with
other detention facilities for incarceration and care of inmates.
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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