Bill Summary – FastDemocracy

WEST VIRGINIA LEGISLATURE                              FISCAL
                                                        NOTE
      2024 REGULAR SESSION
                  Introduced House Bill 5640
            By Delegates Kelly and Rowe [Introduced February 12, 2024; Referred to the Committee on Jails and Prisons then the Judiciary]
     Intr HB                                      2024R3771
1    A BILL to amend and reenact §15A-8-2 and §15A-8-3 of the Code of West Virginia, 1931, as
2              amended, relating to the West Virginia Regional Jail and Correctional Facility Authority
3              Board; composition; and scheduled meetings.
     Be it enacted by the Legislature of West Virginia:
     ARTICLE 8. REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY BOARD.
     §15A-8-2. West Virginia Regional Jail and Correctional Facility Authority Board;
               composition; appointment; terms; compensation and expenses.
1              The West Virginia Regional Jail and Correctional Facility Authority Board is continued. The
2    members of the board in office on the date this section takes effect shall, unless sooner removed,
3    continue to serve until their respective terms expire and until their successors have been
4    appointed and qualified.
5              The authority shall be governed by a board of nine 11 members, seven nine of whom are
6    entitled to vote on matters coming before the authority. The complete governing board shall
7    consist of the Commissioner of the Division of Corrections; the Assistant Commissioner for the
8    Bureau of Juvenile Services; the Secretary of the Department of Military Affairs and Public Safety
9    Homeland Security; the Secretary of the Department of Administration, or his or her designated
10   representative; two four county commissioners and one sheriff appointed by the Governor, no
11   more than two of which may be of the same political party; and two citizens appointed by the
12   Governor to represent the areas of law and medicine. The Commissioner of the Division of
13   Corrections and Rehabilitation and the Assistant Commissioner for the Bureau of Juvenile
14   Services shall serve in an advisory capacity and are not entitled to vote on matters coming before
15   the authority. Members of the Legislature are not eligible to serve on the board.
16             The Governor shall nominate and, by and with the advice and consent of the Senate,
17   appoint the five appointed members of the authority for staggered terms of four years.
18             Any appointed member whose term has expired shall serve until his or her successor has
19   been duly appointed and qualified. Any person appointed to fill a vacancy shall serve only for the
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     Intr HB                                         2024R3771
20   unexpired term. Any appointed member is eligible for reappointment. Members of the board are
21   not entitled to compensation for services performed as members, but are entitled to
22   reimbursement for all reasonable and necessary expenses actually incurred in the performance of
23   their duties.
24             All members of the board shall execute an official bond in a penalty of $10,000, conditioned
25   as required by law. Premiums on the bond shall be paid from funds accruing to the Division of
26   Corrections and Rehabilitation. The bond shall be approved as to form by the Attorney General
27   and as to sufficiency by the Governor and, when fully executed and approved, shall be filed in the
28   office of the Secretary of State.
     §15A-8-3. Governing body; organization and meetings; quorum; administrative expenses.
1              (a) The board shall consist of the voting members of the board as provided for in §15A-8-2
2    of this code and shall exercise all the powers given to the authority in this article. On the second
3    Monday of July of each odd-numbered year, the board shall meet to elect a chairman and a
4    secretary from among its own members. The Secretary of the Department of Administration or his
5    or her designated representative shall serve as treasurer of the board. The board shall otherwise
6    meet two four times a year, unless a special meeting is called by its chairman.
7              (b) A majority of the members of the board constitute a quorum, and a quorum must be
8    present for the board to conduct business. Unless the bylaws require a larger number, action may
9    be taken by majority vote of the members present.
10             (c) The board shall prescribe, amend, and repeal bylaws and rules governing the manner
11   in which the business of the authority is conducted and shall review and approve the budget
12   prepared by the executive director annually.
13             (d) All costs incidental to the administration of the board shall be paid from the jail operation
14   fund by the Commissioner of Corrections and Rehabilitation.
               NOTE: The purpose of this bill is to increase the composition of the West Virginia Regional
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Intr HB                                         2024R3771
          Jail and Correctional Facility Authority Board to 11 members, add additional county commissioners, and increase meetings to four times per year.
          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-8-2, 15A-8-3