Bill Text: WV HB4621 | 2018 | Regular Session | Introduced
Bill Title: Relating to removing reference to certain entities with respect to work
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Passed) 2018-04-17 - Chapter 50, Acts, Regular Session, 2018 [HB4621 Detail]
Download: West_Virginia-2018-HB4621-Introduced.html
WEST virginia legislature
2018 regular session
Originating
House Bill 4621
By Delegates C. Miller, Anderson, Frich, Hamilton, Storch, Walters, Westfall, Boggs, Longstreth, Sponaugle and Maynard
[Originating in the Committee on Finance;
Reported on February 16, 2018]
A BILL to amend and reenact §17-15-4 of the Code of West Virginia, 1931, as amended, relating to removing reference to certain entities with respect to work performed by prisoners; and relating to incarceration sentence reduction for the performance of certain approved work.
Be it enacted by the Legislature of West Virginia:
ARTICLE 15. COUNTY CONVICT ROAD FORCE.
§17-15-4. Work by prisoners; relief of sheriffs and others from liability for injuries, etc.
(a) Any person convicted of a criminal offense and sentenced to confinement in a county
or
regional jail shall may, as incident to such sentence of
confinement, be required to perform labor within the jail, as a trustee or
otherwise, or in and upon the buildings, grounds, institutions, roads, bridges,
streams or other public works of the county or the area within which the
regional jail is located if he or she meets the following criteria:
(1) Such person is at least eighteen years of age;
(2) Such person is physically and mentally sound and has not been exempted for medical reasons from such work by a licensed physician or other medical professional; and
(3)
Such person is considered by the county commission, the sheriff or the
executive director of the West Virginia Regional Jail Authority or designee not
to pose a threat to the community if released for work purposes.
(b)
The work described in subsection (a) of this section shall be performed under
the supervision, care and custody of the county commission, the
executive director of the West Virginia Regional Jail Authority or designee,
the sheriff, his or her deputies, correctional officers or other persons
charged with inmate supervision to perform maintenance or control litter in
this state.
(c)
In order to effectuate the provisions of this section, the county
commission, the sheriff or the executive director of the West Virginia
Regional Jail and Correctional Facility Authority or designee shall promulgate
rules for the safe and useful employment of inmate labor.
(d)
Notwithstanding any provision of this code to the contrary, the county
commission, its members and agents, the executive director of the West
Virginia Regional Jail Authority or designee its designee, members
orand agents, the sheriff, his or her deputies, correctional
officers and agents shall be immune from liability of any kind for accidents,
injuries or death to such inmate except for accident, injury or death resulting
directly from gross negligence or malfeasance.
(e)
The sheriff of the county in which the work is to be performed, with the
approval of the county commission or the executive director of the West
Virginia Regional Jail Authority or designee, may hire or appoint any personnel
necessary for the supervision of inmate labor.
(f) Nothing in this section shall be construed to allow the use of inmate labor for private projects or as contract employees of for profit businesses.
(g)
Any inmate who performs work pursuant to the provisions of this section shall
receive, as sole and full compensation therefor, a reduction in his or her
term of incarceration of not more than twenty-five percent of the original
sentence excluding any other statutorily granted "good time." Each
eight-hour period of approved work shall entitle an inmate to one day's
sentence reduction: a reduction in his or her term of incarceration by 1
day for every 8 hours of approved work: Provided, That any "good
time" reduction of sentence earned pursuant to the provisions
of this section shall be in addition to any other reduction of sentence the
inmate may accumulate.
(h) Any person being held as a detainee or for contempt may voluntarily participate in such labor as provided for in this section under the terms and conditions hereinbefore set forth.
