Bill Text: WV HB2206 | 2018 | Regular Session | Introduced
Bill Title: Work/Incarceration Prison pilot program
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-10 - To House Judiciary [HB2206 Detail]
Download: West_Virginia-2018-HB2206-Introduced.html
WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new article, designated
§62-11G-1, §62-11G-2, §62-11G-3, §62-11G-4, §62-11G-5, §62-11G-6 and §62-11G-7,
all relating to creating a pilot work/incarceration prison; providing a short
title; specifying offenders who are eligible to participate; establishing one
work/incarceration prison; authorizing the Division of Corrections to propose
rules for the operation and reporting of the work/incarceration prison;
allowing a reduction in the sentence of an offender sentenced to the
work/incarceration prison; providing that a serious violation of the rules
result in an additional sentence; specifying a suggested appropriation;
allowing the admittance of offenders from other counties; and requiring the
evaluation of the work/incarceration prison.
Be it enacted by the
Legislature of West Virginia:
That the Code of West
Virginia, 1931, as amended, be amended by adding thereto a new article,
designated §62-11G-1, §62-11G-2, §62-11G-3,
§62-11G-4, §62-11G-5, §62-11G-6
and §62-11G-7, all to read
as follows:
ARTICLE 11G. WORK/INCARCERATION
ACT (PILOT).
§62-11G-1. Short title.
This article may be
cited as the "Work/Incarceration
Act."
§62-11G-2. Application.
This article applies to
adult offenders that have not been convicted of a crime of violence or sex
related offense. The article also
applies only to offenders sentenced to two years incarceration or less.
§62-11G-3.
Limitations.
This article allows one
county to receive approval to establish a work/incarceration prison. Those counties interested in establishing
such a facility must develop a plan and submit the plan to the Division of
Corrections for review and approval. The
Division of Corrections shall propose rules of operation and reporting for this
work/incarceration prison for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code.
§62-11G-4. Eligible offenders.
(a) An eligible offender
is any person meeting the application standards set forth in section two of
this article, who is sentenced to the work/incarceration prison by a magistrate
or a circuit judge. Offenders are eligible
for a twenty percent reduction in sentence for participation in the
work/incarceration program, but must maintain complete adherence to rules of
conduct as established by the Division of Corrections.
(b) An offender
sentenced to the work/incarceration prison by a magistrate or circuit judge,
who commits any serious violation of the rules of conduct as established by the
Division of Corrections, shall be transferred to a correctional facility with
an additional year added to that offender's original sentence.
(c) The work/incarceration
prison superintendent may reject any offender from admittance and may remove
any offender from the work/incarceration prison population for cause, as
established by rules established by the Division of Corrections. If admittance is disallowed or if the
offender is removed, alternative sentencing shall be provided by the proper
judicial authority.
§62-11G-5. Suggested appropriation.
The Legislature should
appropriate $500,000 to the county establishing the initial work/incarceration
prison for the initial expense of establishment of the work/incarceration
prison. The plan submitted to the
Division of Corrections for approval, as provided in section three of this
article, should include means and methods of making the work/incarceration
prison self-sustaining using work product and service from the offenders in the
work/incarceration prison.
§62-11G-6. Admittance of offenders from other counties.
The county establishing
the work/incarceration prison may allow at its option offenders from other
counties to be incarcerated and may charge a fee equal to fifty percent of that
charged by the Regional Jail and Correctional Facility Authority to house
prisoners.
§62-11G-7. Evaluation.
The Division of
Corrections shall monitor and evaluate the work/incarceration prison to
determine effectiveness, efficiency, and potential for expansion into other
counties and report to the Legislature annually.
NOTE: The purpose of this bill is
to create a Work/Incarceration Prison pilot program. The bill establishes guidelines for what
offenders may be sentenced to the program.
The bill provides for the establishment of one work/incarceration
prison. The bill further provides that
the Division of Corrections shall propose rules of operation and
reporting. The bill provides that an
offender sentenced to the work/incarceration prison is eligible for a reduction
in their sentence. The bill also
provides that an offender who is sentenced to the work/incarceration prison but
commits a serious violation of the rules shall be sent to a correctional
facility and have an additional year added on to their original sentence. The bill provides for an appropriation from
the Legislature for the establishment of the work/incarceration prison. The bill also allows for offenders from other
counties to be accepted into the work/incarceration prison. The bill further provides for an annual
evaluation of the work/incarceration prison to be submitted to the Legislature
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
