WEST VIRGINIA LEGISLATURE
2023 FIRST EXTRAORDINARY SESSION
Introduced Senate Bill 1011
By Senators Blair (Mr. President) and Woelfel [By Request of the Executive]
[Introduced August 6, 2023]
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1 A BILL to amend and reenact §15A-3-4 of the Code of West Virginia, 1931, as amended, relating
2 to the powers and duties of the Commissioner of the Division of Corrections and
3 Rehabilitation; authorizing commissioner to require certain agreements with employees for
4 reimbursement of training costs under certain conditions; clarifying that transportation of
5 inmates for court appearances is subject to rules of the Supreme Court of Appeals; and
6 authorizing the commissioner to cooperate with the Supreme Court of Appeals in
7 developing a comprehensive transportation plan.
Be it enacted by the Legislature of West Virginia:
ARTICLE 3. DIVISION OF CORRECTIONS AND REHABILITATION.
§15A-3-4. Powers and duties of commissioner generally.
1 (a) The commissioner, in order to carry out the purposes and intent of this chapter, shall:
2 (1) Exercise general supervision over the administration of the institutions under the
3 jurisdiction of the division;
4 (2) Establish separate subdivisions, including a Bureau of Prisons and Jails, a Bureau of
5 Juvenile Services, and a Bureau of Community Corrections, each to be headed by assistant
6 commissioners, and other subdivisions as he or she deems advisable, which may be headed by
7 one of the assistant commissioners, or by deputy directors. Nothing herein shall prohibit the
8 commissioner from appointing the same person to head more than one subdivision;
9 (3) Establish rules, policies, and regulations in writing governing all subdivisions and
10 institutions within the division;
11 (4) Establish an appropriate training program for personnel of the division: Provided, That
12 the commissioner may require an individual to agree in writing to reimburse all or a portion of the
13 training costs incurred if he or she completes the training program but does not remain a division
14 employee for 12 consecutive months after completion of the training program;
15 (5) Classify the institutions of the division, varying according to the factors as security
16 features, program, age, and sex of inmates, physical stature or size, character of inmates;
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17 (6) Establish a system of classification of inmates and residents, through a reception and
18 examination procedure;
19 (7) Cooperate with the Department of Education in providing for the education of inmates
20 and residents in all institutions within the division, as provided in §18-2-13f of this code and any
21 other provision of this code;
22 (8) Supervise the treatment, custody, and discipline of all inmates and residents and the
23 maintenance of the institutions and their industries;
24 (9) Establish a system of compensation for inmates and residents of the institutions of the
25 state who perform good and satisfactory work either within the industrial program or in the
26 servicing and maintenance of the institutions or any other institutions or camps within the state.
27 The commissioner, or his or her designee, may establish a graduated scale of compensation to be
28 paid to inmates and residents in accordance with their skill in industry; and
29 (10) Subject to the provisions in §25-1A-5 of this code and except as provided by rules
30 promulgated by the Supreme Court of Appeals, provide for the transportation of inmates between
31 the jails and local holding facilities for court appearances; and
32 (11) Cooperate with the Supreme Court of Appeals in developing a statewide
33 comprehensive plan for the safe, effective, and efficient transportation of inmates for court
34 appearances or between facilities as required.
35 (b) The commissioner, in order to carry out the purposes and intent of this chapter, may:
36 (1) Appoint a deputy commissioner to assist in the day to day operations of the division;
37 (2) Employ professional and support staff, including, but not limited to, certified public
38 accountants, attorneys, assistants, and other employees as necessary for the efficient operation
39 of the division;
40 (3) Acquire, own, hold, and dispose of property, real and personal, tangible and intangible;
41 (4) Lease property, whether as a lessee or lessor;
42 (5) Conduct examinations and investigations and hear testimony and take proof, under
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43 oath or affirmation;
44 (6) Issue subpoenas requiring the attendance of witnesses and the production of books
45 and papers relevant to any hearing before the commissioner, or his or her designee, to conduct
46 any hearing;
47 (7) Apply to the circuit court having venue of the offense to have punished for contempt any
48 witness who refuses to obey a subpoena, refuses to be sworn or affirmed, or refuses to testify, or
49 who commits any contempt after being summoned to appear;
50 (8) Sue and be sued, implead and be impleaded, and complain and defend in any court;
51 (9) Propose rules for legislative approval for the management and regulation of the affairs
52 of the division pursuant to the provisions of §29A-3-1 et seq. of this code;
53 (10) Make policies for the management and regulation of the affairs of the divisions;
54 (11) Make contracts of every kind and nature and to execute all instruments necessary or
55 convenient for carrying on its business, including contracts with any other governmental agency of
56 this state or of the federal government or with any person, individual, partnership, or corporation to
57 affect any or all of the purposes of this chapter;
58 (12) Accept gifts or grants of property, funds, security interests, money, materials, labor,
59 supplies, or services from the United States of America or from any governmental unit or any
60 person, firm, or corporation, acceptance or disposition of gifts or grants; and
61 (13) Designate a facility as a rehabilitation facility; a rehabilitation facility may utilize
62 recommendations on programming from West Virginia higher education institutions and share
63 statistical data with the same institutions for study on the effectiveness of services provided by the
64 institution.
NOTE: The purpose of this bill is to authorize agreements for reimbursement for certain training costs and to authorize the division to cooperate with the Supreme Court of Appeals on developing a comprehensive transportation plan.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Statutes affected:
Introduced Version: 15A-3-4