WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced House Bill 4647
By Delegate Pushkin [Introduced January 12, 2024; Referred to the Committee on Health and Human Resources then the Judiciary]
Intr HB 2024R1558
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §9-5-34, relating to permitting certain felons to work in licensed behavioral
3 health facilities; setting conditions and limitations; and requiring rule-making.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-34. Authorizing persons convicted of a felony to be employed at behavioral health facilities; limitations; rule-making.
1 Notwithstanding any provision of this code to the contrary, upon completion of his or her
2 criminal sentence, any person convicted of a nonviolent felony is eligible for employment at a
3 behavioral health facility, conditioned on rules promulgated pursuant to this section. The
4 department shall propose rules for legislative approval, in accordance with §29A-3-1 et seq. of this
5 code, necessary to establish eligibility criteria and provide for any conditions and limitations on
6 employment necessary to provide for the safety of patients and other employees at the facility:
7 Provided, That the provisions of this section do not supersede licensing requirements for any
8 professions regulated pursuant to chapter 30 of this code.
NOTE: The purpose of this bill is to permit certain felons to work in licensed behavioral health facilities. The bill sets conditions and limitations. The bill requires rule-making.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
1

Statutes affected:
Introduced Version: 9-5-34