WEST VIRGINIA LEGISLATURE
2023 REGULAR SESSION
Introduced Senate Bill 495
By Senators Trump, Caputo, Takubo, Clements,
Woelfel, Deeds, and Rucker [Introduced January 27, 2023; referred to the Committee on the Judiciary]
Intr SB 495 2023R3248
1 A BILL to amend and reenact §15A-4-8a of the Code of West Virginia, 1931, as amended, relating
2 generally to correctional institutions and juvenile facilities; deeming certain video and audio
3 recordings records and reports to be confidential; creating exceptions to confidentiality;
4 requiring court orders directly disclosure to contain a provision limiting disclosure to the
5 purposes necessary to the proceeding and prohibiting unauthorized use and publication;
6 and defining terms.
Be it enacted by the Legislature of West Virginia:
ARTICLE 4. CORRECTIONS MANAGEMENT.
§15A-4-8a. Facility video and security records confidential; exceptions.
1 (a) The contents of any correctional or juvenile facility video, incident report, or
2 investigation report related to the safe and secure management of inmates and residents may be
3 disclosed or released to the commissioner’s agents, representatives, and designees, but such
4 records are otherwise confidential and not subject to public disclosure or release except as set
5 forth in this section.
6 (b) Notwithstanding any provision of this code to the contrary, the contents of any
7 correctional or juvenile facility video, incident report, or investigation report related to the safe and
8 secure management of inmates and residents may be disclosed or released to an appropriate law-
9 enforcement agency, when disclosure or release is necessary for the investigation, prevention, or
10 prosecution of a crime or to safeguard the orderly operation of the correctional institution:
11 Provided, That, with respect to records relating to juvenile residents, the law-enforcement agency
12 in receipt of any such records shall treat the records as confidential pursuant to the provisions set
13 forth in §49-5-101(a) of this code.
14 (c) Disclosure or release may also be made in civil or administrative proceedings pursuant
15 to an order of a court or an administrative tribunal with the entry of an appropriate protective order
16 prohibiting the misuse and reproduction of disclosed or released records: Provided, That the
17 disclosure or release of records from a juvenile facility required for an employee grievance shall be
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18 made strictly in accordance with the provisions of §49-5-101 of this code.
19 (d) The commissioner may authorize an attorney, licensed before the bar of this state and
20 who is representing a person with a potential claim for personal injury or a violation of the United
21 States Constitution or West Virginia Constitution allegedly caused by the division, to view facility
22 video, incident reports, or investigation reports related to the safe and secure management of
23 inmates and residents for purposes of determining the validity of a claim against the division, but
24 such video, incident reports, or investigation reports related to the safe and secure management of
25 inmates and residents shall not be released to the licensed attorney prior to institution of a suit or
26 petition for pre-suit discovery in the appropriate forum and after the entry of an appropriate
27 protective order prohibiting the misuse and reproduction of disclosed records.
28 (e) The confidentiality provisions of this section shall extend to any person receiving such
29 records and may not be used for any unauthorized purpose except upon order of a court of record
30 (a) The contents of all records necessary for the safe and secure management of inmates
31 and residents committed to state correctional and juvenile facilities are confidential and may only
32 be disclosed or released:
33 (1) Pursuant to this section;
34 (2) As required by the provision of §29B-1-1 et seq. of this code; or
35 (3) In accordance with the discovery provisions of the WV Rules of Civil Procedure or the
36 WV Rules of Criminal Procedure.
37 (b) As used in this section, "records necessary for the safe and secure management of
38 inmates and residents" means:
39 (1) Video and audio recordings produced in a correctional or juvenile facility;
40 (2) Incident reports and attachments thereto;
41 (3) Investigation reports and any attachments thereto, including, but not limited to, witness
42 statements; and
43 (4) Any document or recording generated within a facility containing information which
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44 would reasonably place the safety of an employee, inmate, or resident in jeopardy.
45 (c) Records protected pursuant to the provisions of this section may be disclosed:
46 (1) To the Secretary of the Department of Homeland Security, his or her designees and the
47 commissioner or his or her designees for official use;
48 (2) To law enforcement when release is determined by the commissioner or his or her
49 designee to be necessary for the investigation, prevention, or prosecution of a crime or crimes;
50 (3) To the Juvenile Justice Commission and its designees acting in the course of their
51 official duties; and
52 (4) Pursuant to a lawful order of a court of record for use in a civil, criminal, or
53 administrative matter: Provided, That the order shall contain a provision limiting disclosure or
54 publication of the records to purposes necessary to the proceeding and prohibiting its
55 unauthorized use and reproduction.
NOTE: The purpose of this bill is to deem correctional institutions and juvenile facilities video and audio recordings records and reports to be confidential; creating exceptions to
confidentiality; requiring court orders directly disclosure to contain a provision limiting disclosure to the purposes necessary to the proceeding; prohibiting unauthorized use and publication; and defining terms.
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: Committee Substitute: 15A-4-8a
Enrolled Committee Substitute: 15A-4-8a
Introduced Version: 15A-4-8a