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Engrossed Version Senate Bill 550 History

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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED

Senate Bill No. 550

(By Senators Wooton, Ball, Bowman, Dittmar, Hunter, Ross, Schoonover, Snyder, White, Buckalew, Deem, Kimble and Scott)

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[Originating in the Committee on the Judiciary]

reported April 2, l997.]

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A BILL to amend and reenact section five, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section five, article thirteen, chapter sixty-two of said code, all relating to the regional jail and correctional facility authority and the division of corrections; clarifying that the division of corrections may house violent offenders in regional jail facilities leased to the division; clarifying that the division may contract for the provision of certain goods and services; and providing that the division of corrections and the regional jail and correctional facility authority enter into an agreement regarding the provision of certain goods or services to division of corrections inmates who are housed at regional jail facilities.

Be it enacted by the Legislature of West Virginia:
That section five, article twenty, chapter thirty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section five, article thirteen, chapter sixty-two of said code be amended and reenacted, all to read as follows:
CHAPTER 31. CORPORATIONS.

ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL

FACILITY AUTHORITY.
§31-20-5. Powers and duties of the authority; bidding procedures.

The regional jail and correctional facility authority shall complete a comprehensive study of all correctional facilities and jail facilities in the state of West Virginia no later than the first day of July, one thousand nine hundred eighty-six. This study shall include an assessment of the physical conditions of confinement within the institutions and the relative need for the institutions when considering other available institutions of confinement located within the state.
After completing this study, the authority shall submit a plan to the governor on the establishment of regional jails in this state and the acquisition, construction or renovation of facilities for correctional facilities. The authority shall specify groups of counties within the state to be formed into regions for the establishment of such regional jails. Within each region a local jail commission shall be established and have the powers and duties as set forth in section six of this article.
The authority shall consider, but not be limited to, the following when creating the plan establishing regions:
(1) The relative physical condition of the correctional facilities and jail facilities located within the state;
(2) The transportation costs associated with the establishment of centralized jail services, including, but not limited to, the costs of transporting persons incarcerated in regional jails to court appearances, to interviews with their attorneys, and to have visitation with their families and friends, all in any county seat of a county served by the regional facility: Provided,
That consideration of such costs in the creation of the plan shall not be construed to require the transportation of inmates to interviews with their attorneys or to have visitation with their families and friends when visitation facilities and schedules are established in regional jails;
(3) The availability of medical services and educational and recreational opportunities;
(4) Information received from public hearings;
(5) The relative efficiency in the cost of jail services caused by establishment of regional jail facilities;
(6) Available facilities which may be used as regional jails or correctional facilities including, but not limited to, existing county and state owned properties: Provided,
That if the authority determines that an existing facility meets the standards or could reasonably be made to meet the standards for a regional jail or other correctional facility, the authority may proceed to acquire such existing facility and compensate the owner thereof in an amount not less than any local share expended by the owner as matching moneys for the receipt of federal funds: Provided, however, That if the authority determines that an existing facility does not meet the standards or could not reasonably be made to meet the standards for a regional jail or other correctional facility, the authority shall provide the owner with a written statement setting forth the reasons supporting such determination;
(7) The cost of acquiring, constructing, renovating, operating and maintaining local jail facilities for use as local holding facilities in each county and regional jail facilities for each county and the financing provided by this article;
(8) The leasing of any available portion of any regional jail space and the leasing of available facilities of any regional jail to the West Virginia department division of corrections for the keeping and detaining of prisoners sentenced to serve terms of incarceration under the custody of the West Virginia department division of corrections for nonviolent crimes and to contract with the department of corrections for the providing for the provision of food, clothing, shelter and any and all incidental costs in the care, control and maintenance of such prisoners: Provided,
That such leasing does not restrict space or facilities needed for the detention of county prisoners;
(9) The advisability and cost effectiveness of acquiring, constructing, renovating, operating and maintaining work farms serving one or more counties or regions; and
(10) The proximity of possible sites for the regional jail facilities to residential areas, schools, churches and other public buildings and facilities.
Public hearings pursuant to this section shall be held by the authority in convenient locations throughout the state. No less than ten public hearings shall be held for public comment on the establishment of regional jails. The authority shall cause to be published at least two weeks in advance of a hearing a Class II-0 legal advertisement, as provided in section two, article three, chapter fifty-nine of this code, setting forth the reason for the hearing and the time, place and date thereof. The publication area shall be each county which may be included in a region for the purposes of a regional jail with the county in which the public hearing is held.
In addition to the hearing requirements above, before beginning construction of a new facility for use as a regional jail or correctional facility or before beginning renovation or acquisition of an existing facility for use as a regional jail facility, which existing facility is not already a jail, correctional facility or secure facility for the detention of juveniles or persons otherwise involuntarily committed or confined, the authority shall hold a hearing for comment by all members of the public on all aspects relating to the advisability of the use of the site for that regional jail facility. The authority shall promulgate legislative rules pursuant to chapter twenty-nine-a of this code for the requirements for notice and other procedures of said public hearings, which requirements shall be as similar as practicable to those hearings conducted regarding the construction of bridges by the West Virginia department of highways.
The authority, as a public corporation and governmental instrumentality exercising public powers of the state, may exercise all powers necessary or appropriate to carry out the purposes of this article, including, but not limited to, the power:
(a) To acquire, own, hold and dispose of property, real and personal, tangible and intangible.
(b) To lease property, whether as lessee or lessor.
(c) To mortgage or otherwise grant security interests in its property.
(d) To conduct examinations and investigations and to hear testimony and take proof, under oath or affirmation at public or private hearings, on any matter relevant to this article and necessary for information on the construction or renovation of any correctional facility or the establishment of any correctional facility industries project.
(e) To issue subpoenas requiring the attendance of witnesses and the production of books and papers relevant to any hearing before such authority or one or more members appointed by it to conduct any hearing.
(f) To apply to the circuit court having venue of such offense to have punished for contempt any witness who refuses to obey a subpoena, refuses to be sworn or affirmed, or refuses to testify, or who commits any contempt after being summoned to appear.
(g) To sue and be sued, implead and be impleaded, and complain and defend in any court.
(h) To adopt, use and alter at will a corporate seal.
(i) To make bylaws for the management and regulation of its affairs pursuant to article three, chapter twenty-nine-a of this code.
(j) To appoint officers, agents and employees.
(k) To make contracts of every kind and nature and to execute all instruments necessary or convenient for carrying on its business, including contracts with any other governmental agency of this state or of the federal government or with any person, individual, partnership or corporation to effect any or all of the purposes of this article.
(l) Without in any way limiting any other subdivision of this section, to accept grants from and enter into contracts and other transactions with any federal agency.
(m) To borrow money and to issue its negotiable bonds, security interests or notes and to provide for and secure the payment thereof, and to provide for the rights of the holders thereof, and to purchase, hold and dispose of any of its bonds, security interests or notes: Provided,
That no bond or other obligation may be issued or incurred unless and until the Legislature by concurrent resolution has approved the purpose and amount of each project for which proceeds from the issuance of such bond or other obligation will be used.
(n) To sell, at public or private sale, any bond or other negotiable instrument, security interest or obligation of the authority in such manner and upon such terms as the authority considers would best serve the purposes of this article.
(o) To issue its bonds, security interests and notes payable solely from the revenues or other funds available to the authority therefor; and the authority may issue its bonds, security interests or notes in such principal amounts as it considers necessary to provide funds for any purposes under this article, including:
(1) The payment, funding or refunding of the principal of, interest on or redemption premiums on, any bonds, security interests or notes issued by it whether the bonds, security interests, notes or interest to be funded or refunded have or have not become due; and
(2) The establishment or increase of reserves to secure or to pay bonds, security interests, notes or the interest thereon and all other costs or expenses of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. Any bonds, security interests or notes may be additionally secured by a pledge of any revenues, funds, assets or moneys of the authority from any source whatsoever.
(p) To issue renewal notes or security interests, to issue bonds to pay notes or security interests and, whenever it considers refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured except that no such renewal notes shall be issued to mature more than ten years from date of issuance of the notes renewed and no such refunding bonds may be issued to mature more than twenty-five years from the date of issuance.
(q) To apply the proceeds from the sale of renewal notes, security interests or refunding bonds to the purchase, redemption or payment of the notes, security interests or bonds to be refunded.
(r) To accept gifts or grants of property, funds, security interests, money, materials, labor, supplies or services from the United States of America or from any governmental unit or any person, firm or corporation, and to carry out the terms or provisions of, or make agreements with respect to, or pledge, any gifts or grants, and to do any and all things necessary, useful, desirable or convenient in connection with the procuring, acceptance or disposition of gifts or grants.
(s) To the extent permitted under its contracts with the holders of bonds, security interests or notes of the authority, to consent to any modification of the rate of interest, time of payment of any installment of principal or interest, security or any other term of any bond, security interest, note or contract or agreement of any kind to which the authority is a party.
(t) To sell security interests in the loan portfolio of the authority. Such security interests shall be evidenced by instruments issued by the authority. Proceeds from the sale of security interests may be issued in the same manner and for the same purposes as bond and note revenues.
(u) To promulgate rules, in accordance with the provisions of chapter twenty-nine-a of this code, to implement and make effective the powers, duties and responsibilities invested in the authority by the provisions of this article and otherwise by law.
(v) To assume the responsibility for operation and management of regional jail facilities under the jurisdiction of the state regional jail and correctional facility authority. The authority shall provide for the transportation of inmates between the regional jails and local holding facilities for court appearances.
(w) To exercise all power and authority provided in this article necessary and convenient to plan, finance, construct, renovate, maintain and operate or oversee the operation of regional jails and correctional facilities.
(x) To cooperate with the commission for distribution of surplus foods and to authorize the executive director to exercise all power and authority provided in this section necessary to implement the pilot program for delivery of leftover prepared foods at the regional jail located in Marshall County, pursuant to section seventeen, article two, chapter eighteen of this code.
Notwithstanding any other provision of this section, the regional jail and correctional facility authority shall no later than the first day of November, one thousand nine hundred eighty- nine, submit a plan to the joint committee on government and finance of the Legislature detailing the means by which the authority will comply with the mandates of the supreme court of appeals as to the structural and internal conditions and programs of the correctional facilities in this state. In preparing such plan, the authority is to allow for and consider any input from the public.
CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 13. CORRECTIONS MANAGEMENT.

§62-13-5. Commitments; transfers.

All persons committed by courts of criminal and juvenile jurisdiction for custody in penal, correctional or training institutions correctional facilities under the jurisdiction of the commissioner of corrections shall be committed to an appropriate institution, but the commissioner (or the director if the commissioner so approves) shall have the authority to and may order the transfer of any person to any appropriate institution within the department division or, with the agreement of the regional jail and correctional facility authority, to any regional jail facility. The commissioner of corrections and the regional jail and correctional facility authority shall enter into an agreement on the provision of food, clothing, medical care, education and other services and goods to be provided for inmates housed by the division of corrections in regional jail facilities. The division of corrections must provide all necessary services and goods for its inmates housed in regional jail facilities or reimburse the costs incurred by the regional jail and correctional facility authority in providing services and goods to division of corrections 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 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) 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 health, to such department, subject to the approval of the commissioner of the department of mental health; and may transfer any prisoner or inmate to an appropriate mental facility for specialized medical treatment.
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