reglab/housing_qa huggingface dataset:
WV Code § 25-5-14 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-14. Powers and Duties Not Delegable to Contractor

(a) No contract for correctional services may authorize, allow or imply a delegation of the authority or responsibility of the contracting agency to a prison contractor for any of the following:(1) Developing or implementing procedures for calculating inmate release and parole eligibility dates;(2) Developing or implementing procedures for calculating and awarding good time;(3) Approving inmates for work release;(4) Approving the type of work inmates may perform and the wages or good time, if any, which may be given to inmates engaging in such work;(5) Granting, denying or revoking good time; and(6) Recommending that the contracting state's parole authority either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business.(b) Notwithstanding the provisions of subsection (a) of this section, the contractor may use inmates for community service upon the request and approval of the political subdivision where the prison is located.
WV Code § 25-5-15 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-15. Bonding Requirements

A contractor shall give a performance bond payable to the State of West Virginia, in a form satisfactory to the commissioner, executed by a surety company qualified to do business in this state and in the penal sum, as determined by the commissioner, in an amount not less than $100,000. The bond shall be conditioned on the contractor performing all the requirements of this article and the rules promulgated hereunder.
WV Code § 25-5-16 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-16. Insurance

(a) The contractor shall provide an adequate policy of insurance specifically including insurance for civil rights claims as determined by a risk management or actuarial firm with demonstrated experience in public liability for state governments. In determining the adequacy of the policy, such risk management or actuarial firm shall determine whether:(1) The insurance is adequate to protect the state, its political subdivisions or other contracting agencies from actions by a third party against the contractor;(2) The insurance is adequate to protect the state, its political subdivisions or contracting agencies against claims arising as a result of any occurrence; and(3) The insurance is adequate to satisfy other requirements specified by the risk management or actuarial firm.(b) The insurance contract shall contain a provision that the state, its political subdivisions and contracting agencies are named insureds, and that the state, its political subdivisions and contracting agencies shall be sent any notice of cancellation.(c) The contractor shall not self-insure.
WV Code § 25-5-17 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-17. Liability; Indemnification

A contractor which has been approved to operate a facility pursuant to this article shall indemnify, defend and hold harmless the state, its officers, agents, and employees, and any local government entity in the state having jurisdiction over the facility or ownership of the facility from:(1) Any claims or losses for services rendered by the contractor or person performing or supplying services in connection with the performance of the contract;(2) Any claims or losses to any person injured or damaged by the willful or negligent acts of the contractor, its officers or employees in the operation of a private prison or in the performance of the contract;(3) Any claims or losses resulting to any person injured or damaged by the private contractor, its officers or employees by the publication, translation, reproduction, delivery, performance, use or disposition of any data processed under the contract in a manner not authorized by the contract, or by federal or state regulations or statutes;(4) Any failure of the contractor, its officers or employees to adhere to West Virginia laws, including, but not limited to, labor laws and minimum wage laws;(5) Any Constitutional, federal, state or civil rights claim brought against the state related to the prison facility;(6) Any claims, losses, demands or causes of action arising out of the contractor's activities in this state; and(7) Any attorney's fees or court costs arising from any habeas corpus actions or other inmate suits which may arise, including, but not limited to, attorney's fees for the state's representation as well as for any court appointed representation of any inmate as well as the costs of any special judge who may be appointed to hear such actions.
WV Code § 25-5-18 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-18. Firearms; Capture of Escapees; Nonresident Private Correctional Officers

(a) Private correctional officers of a private contractor shall be authorized to carry and use firearms in the course of their employment only after completing a training course, approved by the commissioner, in the use of firearms in accordance with rules promulgated by the division.(b) Upon notification by the contractor of an escape from the facility or a disturbance at the facility, the state shall use all reasonable means to recapture escapees or quell any disturbance.(c) When acting within the scope of their normal employment at the private prison facility, nonresident private correctional officers shall be deemed residents for purposes of section eleven, article six, chapter sixty-one of this code.
WV Code § 25-5-19 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-19. Employee Training Requirements; Preference

(a) All employees of a facility operated pursuant to this article shall receive training in a program approved by the commissioner. All training expenses shall be the responsibility of the contractor.(b) West Virginia residents shall be given a hiring preference for positions at the facilities permitted to operate in accordance with this article.
WV Code § 25-5-20 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 5. Private Prisons|§25-5-20. Reimbursement to State and Its Subdivisions

 Any cost incurred by the state or its political subdivisions relating to the apprehension of an escapee or the quelling of a disturbance at the facility shall be chargeable to and borne by the contractor. The contractor shall also reimburse the state or its political subdivisions for all reasonable costs incurred relating to the temporary detention of the escapee following recapture.
WV Code § 25-6-1 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 6. Boot Camp|§25-6-1. Purpose of Article

The purpose of this article is to establish a program of boot camps that will encourage boot camp inmates to become responsible, productive citizens by providing academic education, social skills, education, physical wellness program, self-discipline programs, substance abuse treatment and vocational education and counseling. It is the aim of the Legislature that such a program will create a more positive environment for both inmates and correctional employees who operate the boot camp; and that will reduce the recidivism rate of persons so incarcerated.
WV Code § 25-6-2 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 6. Boot Camp|§25-6-2. Authorization to Establish Boot Camp Program

The commissioner of the Division of Corrections is hereby authorized to establish a program of boot camps that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the commissioner of corrections and whom the commissioner or the circuit court may permit to serve his or her sentence as a sentence to boot camp in accordance with this article.
WV Code § 25-6-3 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 6. Boot Camp|§25-6-3. Definitions

As used in this article, unless the context clearly requires a different meaning, the term:(a) "Commissioner" means the commissioner of the Division of Corrections;(b) "Division" means Division of Corrections; and(c) "Eligible offender" means eligible offender as defined in section four of this article.
WV Code § 25-6-4 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 6. Boot Camp|§25-6-4. Eligibility

(a) Appropriate inmates may participate in the boot camp program in accordance with the following criteria:(1) One who is not less than eighteen years of age nor more than twenty-eight years of age;(2) One who is medically, physically and psychologically fit to participate in the program;(3) One who volunteers for the program;(4) One who has been convicted of a felony and, has been sentenced to the custody of the commissioner of corrections for a period of incarceration of not less than one year;(5) One who was not convicted of murder in the first degree or murder in the second degree;(6) One who was not convicted of kidnapping;(7) One who was not convicted of first or second degree sexual assault;(8) One who was not convicted of any offense pursuant to article eight-d, chapter sixty-one of this code;(9) One who was not convicted of incest; (10) One who has not been previously convicted of a felony; and(11) Such other criteria as the commissioner of the Division of Corrections may promulgate pursuant to chapter twenty-nine-a of this code.(b) The circuit court of conviction may direct that a person be admitted or excluded from participation in the state boot camp program. The commissioner, pursuant to operational policies and procedures, may in his discretion, direct placement of an inmate in a boot camp program.(c) Any placement in the boot camp shall be subject to the extent funding is available or appropriated and subject to the availability of space in the boot camp: Provided, That nothing in this section shall give any court the power to hold the Division of Corrections or any officer or employee of the division in contempt of court for failure to adhere to a circuit court directive that a person be placed in the state boot camp program if space or funding is unavailable.
WV Code § 25-6-7 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 6. Boot Camp|§25-6-7. Construction and Applicability of Other Acts

This article shall be liberally construed to accomplish the intent and purposes of the Legislature in adopting it and shall be the sole authority required for the accomplishment of the purposes set forth in this article.
WV Code § 25-7-1 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-1. Legislative Findings

The Legislature finds that the means now provided for the use of inmate labor are inadequate to furnish a sufficient number of inmates with employment. It is the intent of this article:(a) To provide more adequate, regular and suitable employment for the inmates and confined juvenile or youthful offenders of this state;(b) To use the labor of inmates and confined juvenile or youthful offenders for self-maintenance and to reimburse this state for expenses incurred by reason of their crimes and confinement;(c) To provide for the requisition and distribution of correctional industries articles and products directly through established state authorities, with no possibility of private profit except for those specific articles and products manufactured and sold pursuant to 18 U.S.C. §1761(c), the Prison Industry Enhancement (PIE) Certification Program, and pursuant to sections thirteen, fourteen, fifteen and sixteen of this article; and(d) To provide for correctional industries to be profitable in view of the fact that it is a self-sufficient authority.
WV Code § 25-7-2 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-2. Citation of Article

This article may be cited as the Correctional Industries Act of 2009.
WV Code § 25-7-3 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-3. Establishment of Industries at Correctional Facilities; Purposes and Extent

The Commissioner of the Division of Corrections or the commissioner's designee has exclusive authority to execute contracts for the sale of products manufactured or serviced at state correctional facilities, as necessary to carry out the provisions of this article. The commissioner or designee is authorized to purchase equipment, raw materials and supplies and to employ necessary supervisory personnel to establish and maintain, at state correctional facilities and institutions under the commissioner's control, industries which use the services of inmates to manufacture and produce articles and products for use by any office, department, institution or agency supported, in whole or in part, by this state or its political subdivisions.
WV Code § 25-7-4 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-4. Correctional Industries Service Contracts

(a) The commissioner may enter into contracts with private entities under which inmate or resident labor is provided through correctional industries for work involving the delivery of products or for service work. Service work means work which includes, but is not limited to, repairs, replacement of original manufactured items, packaging, sorting, recycling, labeling or similar work that is not original equipment manufacturing. The use of inmate or resident labor may not result in the displacement of civilian workers employed in the local region where the work is performed. The division may negotiate the wage for inmate or resident labor under correctional industries contracts and, except as provided in sections thirteen, fourteen, fifteen and sixteen of this article, the wage may be less than the prevailing wage for work of a similar nature in the private sector.(b) The Division of Corrections, in cooperation with the Department of Commerce, shall develop and maintain a marketing plan encouraging private sector businesses to employ inmates through the correctional industries program.
WV Code § 25-7-5 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-5. Purchase of Inmate-Made Goods by State Agencies

(a) On and after the effective date of this article, all offices, departments, institutions and agencies of this state supported, in whole or in part, by state funds shall purchase all articles or products which they require from the commissioner, if those articles or products are produced or manufactured by correctional industries, as provided by this article. No state office, department, institution or agency may purchase an article or product which correctional industries produces from any other source, unless specifically excepted from the provisions of this section pursuant to section six of this article.(b) Purchases of correctional industries articles or products by state offices, departments, institutions and agencies shall be made on requisition by the office, department, institution or agency requiring the articles or products.(c) Political subdivisions, not-for-profit corporations and charitable agencies chartered in West Virginia, units of the federal government and units of government of other states may purchase articles and products produced by correctional industries. Entities which contract with the state, its political subdivisions, its agencies or its public institutions may purchase from correctional industries articles and products used in the performance of their contracts.
WV Code § 25-7-6 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-6. Exceptions to Mandatory Purchase Requirement

Exceptions from the mandatory purchase provisions of section five of this article may be granted when a correctional industries article or product does not meet the reasonable requirements of the requesting state office, department, institution or agency, or when the requisition cannot be fulfilled because of insufficient supply or other reason. No state office, department, institution or agency may evade the requirements of section five of this article, or of this section, making insubstantial variations from the characteristics of correctional industries products or articles.
WV Code § 25-7-7 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-7. Catalogues and a Website of Articles and Products Made and Produced

The commissioner shall arrange for the creation and updating of catalogues and a website containing descriptions of the correctional industries articles and products manufactured or produced pursuant to the provisions of this article. The commissioner shall make copies of the catalogue and the website address available to entities eligible to acquire correctional industries articles and products.
WV Code § 25-7-8 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-8. Commissioner to Determine Prices

The commissioner or the commissioner's designee shall determine the prices of correctional industries articles and products. The prices shall be uniform for all and as near as is practicable to the fair market price.
WV Code § 25-7-9 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-9. Annual Statements by the Commissioner

At the close of each fiscal year, the commissioner shall prepare a financial report on the financial condition of the correctional industries operation, in accordance with generally accepted accounting principles. Within sixty days after the end of the fiscal year, the commissioner shall file the report with the Secretary of the Department of Military Affairs and Public Safety, the Secretary of the Department of Administration and the Office of the Legislative Auditor.
WV Code § 25-7-10 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-10. Indebtedness for Capital Outlay Projects

To carry out the provisions of this article, the commissioner is authorized to enter into contracts to acquire and purchase equipment, tools, supplies and materials, with payment to be made over a period not exceeding five years.
WV Code § 25-7-11 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-11. Correctional Industries Account

(a) The Correctional Industries Account is continued in the State Treasury. All funds collected from the sale or disposition of articles and products manufactured or produced by correctional industries in accordance with this article shall be deposited in this account.(b) Except as provided in subsection (c) of this section, funds collected and deposited may be used only to purchase manufacturing supplies, equipment, machinery and materials used to carry out the purposes of this article; to pay necessary personnel; and to defray necessary expenses, including inmate earnings, all of which are under the direction of the commissioner and subject to the commissioner's approval.(c) The Correctional Industries Account may not be maintained in excess of the amount necessary to efficiently and properly carry out the purposes of this article. In no event may the Correctional Industries Account be maintained in excess of $2 million. Any moneys in the account exceeding $2 million shall be transferred at the end of each fiscal year into the Division of Corrections Additional Operations Account established pursuant to subsection (d) of this section.(d) There is hereby created in the State Treasury a special revenue account known as the Additional Operations Account. The commissioner is authorized to use funds from the account to offset operational costs, for building and maintenance, purchases, equipment repair or replacement for the Division of Corrections and to defray necessary expenses incident to those activities.
WV Code § 25-7-13 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-13. Establishment of Programs Authorized by the Federal Prison Industry Enhancement (Pie) Certification Program for Employment of Inmates by Private Persons; Lease of Land and Improvements

(a) The Commissioner of the Division of Corrections may establish programs for the employment of inmates by a private person or entity for the manufacture of articles and products as part of a program authorized pursuant to 18 U.S.C. §1761(c), the Prison Industry Enhancement (PIE) Certification Program. In establishing these programs, the commissioner may enter into agreements with private persons or entities to construct or lease facilities at a state adult correctional facility, or at another agreed location, for manufacturing and processing goods or for any other business, commercial or agricultural enterprise.(b) In connection with an agreement made under subsection (a) of this section, the commissioner may lease land and improvements on the grounds of a state correctional facility for use by the private party to the agreement. Any such lease shall be for a term of not more than twenty years and may contain options for renewal.
WV Code § 25-7-15 (2021)
2021 West Virginia Code|Chapter 25. Division of Corrections|Article 7. Correctional Industries Act of 2009|§25-7-15. Establishment of Programs Authorized by the Federal Prison Industry Enhancement (Pie) Certification Program for Employment of Juvenile Residents by Private Persons; Lease of Land and Improvements

(a) The Director of the Division of Juvenile Services may establish programs for the employment of residents by a private person or entity for the manufacture of articles and products as part of a program authorized pursuant to 18 U.S.C. §1761(c), the Prison Industry Enhancement (PIE) Certification Program. In establishing these programs, the director may enter into agreements with private persons or entities to construct or lease facilities at a state juvenile correctional facility, or at another agreed location, for manufacturing and processing goods or for any other business, commercial or agricultural enterprise.(b) In connection with any agreement made under subsection (a) of this section, the director may lease land and improvements on the grounds of a juvenile correctional facility for use by the private party to the agreement. Any such lease shall be for a term of not more than twenty years and may contain options for renewal.
WV Code § 26-1-1 (2021)
2021 West Virginia Code|Chapter 26. State Benevolent Institutions|Article 1. Children's Home|§26-1-1. West Virginia Children's Home

The West Virginia Children's Home, heretofore established, shall be continued, and shall be managed, directed and controlled by the state department of welfare.
WV Code § 26-1-2 (2021)
2021 West Virginia Code|Chapter 26. State Benevolent Institutions|Article 1. Children's Home|§26-1-2. Admission of Children

The state department of welfare shall admit to the home children surrendered or otherwise placed in its custody in any manner authorized by law; and the children shall be kept, maintained and educated therein until they can be placed by legal authority in suitable homes elsewhere.
WV Code § 26-1-3 (2021)
2021 West Virginia Code|Chapter 26. State Benevolent Institutions|Article 1. Children's Home|§26-1-3. Superintendent; Establishment of Rules

The commissioner of welfare shall appoint a superintendent of the children's home. The superintendent shall establish and post rules for operation of the home, subject to approval of the commissioner.