HB2879 H JP AM #1
WRV 3133
The Committee on Jails and Prisons moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
(a) The Legislature hereby finds that the Division of Corrections, Division of Juvenile Services and the West Virginia Regional Jail and Correctional Facility Authority have extreme difficulty with recruiting and retaining employees of all types.
(b) The Legislature hereby directs that a pay equity salary adjustment and increase be provided to all employees of the Division of Corrections, Division of Juvenile Services, and the West Virginia Regional Jail and Correctional Facility Authority, regardless of where the employee reports to work. This salary adjustment shall be for a total of $6,000 apportioned over a three-year period as follows:
(1) On July 1, 2018, applicable employees of the Division of Corrections, Division of Juvenile Services, and the West Virginia Regional Jail and Correctional Facility Authority shall be given an increase in annual pay of $2,000;
(2) On July 1, 2019, applicable employees of the Division of Corrections, Division of Juvenile Services, and the West Virginia Regional Jail and Correctional Facility Authority shall be given an increase in annual pay of $2,000; and
(3) On July 1, 2020, applicable employees of the Division of Corrections, Division of Juvenile Services, and the West Virginia Regional Jail and Correctional Facility Authority shall be given an increase in annual pay of $2,000.
(c) The Legislature hereby directs that a pay equity salary adjustment and increase be provided to employees of the Division of Corrections and Rehabilitation that are employed as correctional officers at the institutions managed by the Commissioner of Corrections and Rehabilitation set forth in §15A-3-2(a) of this code. This salary adjustment shall be for a total of $10,000 apportioned over a three-year period as follows:
(1) On July 1, 2023, applicable correctional officers of the Division of Corrections and Rehabilitation shall be given an increase in annual pay of $5,000;
(2) On July 1, 2024, applicable correctional officers of the Division of Corrections and Rehabilitation shall be given an increase in annual pay of $2,500; and
(3) On July 1, 2025, applicable correctional officers of the Division of Corrections and Rehabilitation shall be given an increase in annual pay of $2,500.
(4) The salary adjustments in this subsection shall also apply to all applicable correctional officers hired on or after the effective date of this section as reenacted during the regular session of the Legislature in 2023.
(d)(1) In addition to the salary adjustment as set for in subsection (c) of this section, on or after July 1, 2023, all employees of the Division of Corrections and Rehabilitation, regardless of where they report to work, who have accumulated three years or more years of continuous employment shall be given a retention bonus of $6000.
(2) In addition to the salary adjustment as set for in subsection (c) of this section, after July 1, 2023, individuals becoming employed with the Division of Corrections and Rehabilitation, regardless of where they report to work, shall receive a sign-on bonus of $3,000. Employees hired after July 1, 2023, shall receive an additional $3,000 retention bonus after accumulating three years of continuous employment.
(c)(e) Funding for the pay rates for employees of the Division of Corrections and Division of Juvenile Services shall be provided from the general revenue appropriations to the Division of Corrections and Division of Juvenile Services, respectively.
(d)(f) The salary adjustment for employees of the West Virginia Regional Jail Authority shall be funded from the special revenue fund established in §31-20-10 of this code, and shall not require additional general revenue appropriations from the Legislature.
(g) For purposes of the reenactment of this section during the regular session of the Legislature in 2023, the salary adjustments set forth in subsection (c) of this section for the applicable correctional officers shall be paid from the general revenue appropriations to the Division of Corrections and Rehabilitation: Provided, That the salary adjustment for the applicable correctional officers employed at a regional jail shall be funded from the special revenue fund established in §15A-3-16 of this code.
(e)(h) In the event any provision of this section conflicts with any rule, policy, or provision of this code, this section shall control. Due to the limits of funding, the implementation of the pay rates and employment requirements shall not be subject to the provisions of §6C-2-1 et seq. of this code. The provisions of this section are rehabilitative in nature and it is the specific intent of the Legislature that no private cause of action, either express or implied, shall arise pursuant to the provisions or implementation of this section.
(f)(i) If, following this pay raise, the employee will make more than the maximum allowable by the Division of Personnel for the pay grade, this salary increase shall still take effect, and that employee shall make more than the pay grade maximum.”
Adopted
Rejected