Bill Text: WV HB2845 | 2018 | Regular Session | Introduced
Bill Title: Establishing that the Division of Corrections is responsible for the costs of housing and maintaining an inmate the day following an inmate’s conviction
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-25 - To House Finance [HB2845 Detail]
Download: West_Virginia-2018-HB2845-Introduced.html
WEST virginia
legislature
2017 regular session
By
[
to the Committee on the Judiciary then Finance.
A BILL to amend and
reenact §31-20-10a of the Code of West
Virginia, 1931, as amended, relating to establishing that the Division of Corrections
is responsible for the costs of housing and maintaining an inmate the day
following an inmate’s conviction.
Be it enacted by the
Legislature of West Virginia:
That §31-20-10a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND
CORRECTIONAL FACILITY AUTHORITY.
§31-20-10a. Criteria and
procedures for determining the cost per day for inmates incarcerated in
facilities operated by the authority and allocating cost.
(a) This section applies to
the Regional Jail and Correctional Facility Authority, counties,
municipalities, the Division of Corrections, the United States marshal service,
the United States bureau of prisons and any other entity by whose authority
inmates are incarcerated and maintained in facilities operated by the
authority.
(b)(1) The authority shall
develop and approve a schedule of anticipated operational expenditures for each
regional jail. The schedules shall include funds for personal services and
fringe benefits for personnel necessary to the operation of the facilities, as
well as allocations of funds for food, clothing, utilities, supplies,
transportation and all other costs necessary to operate and maintain the
facilities. The operational expenditure schedule shall include all costs, both
direct and indirect, for operating and maintaining the regional jail. The
authority shall develop and approve an operational expenditure schedule for
each regional jail on an annual basis, consistent with the state fiscal year.
(2) If the actual
operational costs exceed the approved schedule of operational expenditures by
more than ten percent in a line item, the authority's executive director shall add a
temporary surcharge to the cost per inmate day in an amount sufficient to cover
the actual expenditures.
(c) The county is
responsible for costs incurred by the authority for housing and maintaining
inmates in its facilities who have not been committed to the custody of the Commissioner
of Corrections.
(d) The county is
responsible for the costs incurred by the authority for housing and maintaining
inmates who, prior to sentencing, are awaiting transportation to a state
correctional facility for a sixty-day evaluation period as provided in section
seven, article twelve, chapter sixty-two of this code.
(e) The Division of
Corrections is responsible for the costs incurred by the authority for housing
and maintaining inmates who have been sentenced to the custody of the Division
of Corrections beginning the calendar day following the day the commitment
order was entered into the court record of conviction. The circuit
clerk of the county from which the commitment order has been entered shall
immediately transmit by facsimile machine an advance copy of the certified
commitment order to the Division of Corrections and to the regional jail in
which the inmate is confined.
(f) The Division of
Corrections is responsible for the costs incurred by the authority for housing
and maintaining inmates who have been held on a parole violation warrant.
(g) The Division of
Corrections is responsible for the costs incurred by the authority for housing
and maintaining inmates who have been returned to a regional jail under court
order, except that the county from which the inmate was charged is responsible
for the per diem costs in the event that a court of competent jurisdiction sets
aside or vacates the order of commitment to the Division of Corrections, from
the date of the order or the return of the inmate to a regional jail, whichever
is later.
(h) The costs incurred by
the authority for housing and maintaining inmates who are being held as
fugitives from justice from another jurisdiction shall be billed to the
fugitive's
demanding jurisdiction, except the costs incurred by the authority for housing
and maintaining any person who is arrested and confined in one of the authority's
facilities on the basis of the commission of a new crime shall be billed to the
arresting county until the pending West Virginia charges have been properly
resolved.
(i) Any other entity or
jurisdiction, unless otherwise stipulated in this section, is responsible for
any and all costs associated with housing its inmates in a facility operated by
the authority.
NOTE: The purpose of this bill is
to establish that the Division of Corrections is responsible for inmate’s
housing costs beginning the day after the inmate’s conviction.
Strike-throughs indicate language
that would be stricken from a heading or the present law and underscoring
indicates new language that would be added.
