reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-2. Exhaustion of Ordinary Administrative Remedies

(a) As used in this section, an "ordinary administrative remedy" is a formal administrative process by which an inmate submits a grievance seeking redress or presenting concerns regarding any general or particular aspect of prison life which does not involve violence, sexual assault or sexual abuse against an inmate. An ordinary administrative remedy includes, but is not limited to, complaints concerning food quality, health care, appeals of prison discipline, physical plant, classification, staff treatment or some other alleged wrong.
(b) The Commissioner of the Division of Corrections and the Executive Director of the Regional Jail Authority are authorized to establish procedures for ordinary administrative remedies according to their respective authority for issuance of policies governing the conduct of inmates.
(c) An inmate may not bring a civil action regarding an ordinary administrative remedy until the procedures promulgated by the agency have been exhausted.
(d) An ordinary administrative remedy is considered exhausted when the inmate's grievance complies with duly promulgated rules and regulations regarding inmate grievance procedures, has been accepted, fully appealed and has received a final decision from the Commissioner of Corrections or the Commissioner's designee, or the Executive Director of the Regional Jail Authority, or the director's designee.
(e) The agency shall issue a final decision regarding an ordinary administrative remedy no later than sixty days from the date the inmate filed his or her initial grievance. Computation of the sixty-day time period shall not include time consumed by inmates in preparing any administrative appeal. The agency may claim an extension of time to issue a final decision regarding an ordinary administrative remedy of up to thirty days if the sixty day final decision time frame is insufficient to make an appropriate decision, except in cases involving a threat to health, life or safety of the prisoner. The agency shall notify the inmate in writing of any such extension and provide a date by which the final decision regarding an ordinary administrative remedy will be made.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-3. Payment of Filing Fees and Court Costs

(a) Notwithstanding any other provision of this code, an inmate may not file with any court of this state a civil action without the payment of filing fees as set forth in this section: Provided, That the collection of the full filing fee is not required before the inmate's claim may be filed and served.
(b) When an inmate seeks to file a civil action as an indigent and requests that customary filing fees and court costs be waived, the clerk of the court in which the inmate has filed his or her complaint shall notify the warden or designated representative of the facility in which the inmate resides of the inmate's request and the amount of filing costs. Once the facility receives notification, the custodian of the inmate's trust account shall immediately compute the average monthly balance of the inmate's trust account over the preceding three-month period and deduct from the inmate's trust account thirty percent of the average balance as a partial filing fee. The custodian shall deduct that same amount or up to thirty percent of the balance of the inmate's trust account, whichever is greater, on a monthly basis until the filing fee is paid in full.
(c) The custodian of the inmate's trust account shall place all funds deducted from the inmate's trust into a special account designated as the "filing fees account," to be established for each correctional facility and to be administered by the custodian and warden or chief administrator of each facility. Biannually the custodian and warden or chief administrator of the filing fees account shall distribute the balance of the account, minus any expense in maintaining that account, to the circuit clerk of the county in which the state correctional facility resides as a filing fee for all suits filed by indigent inmates of that facility.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-4. Judicial Review of Initial Pleading; Dismissal

(a) The court shall, prior to issuance of process, review the complaint, petition or other initial pleading to determine whether a civil action is frivolous or malicious as defined in subsection (b) of this section and fails to state a claim for which relief can be granted or seeks monetary relief from a party who is immune from such relief. If the complaint, petition or other initial pleading is frivolous or malicious, fails to state a claim for which relief can be granted or seeks monetary relief from a party who is immune from such relief, the court shall not issue process and shall dismiss the case.
(b) A civil action is frivolous or malicious if it:
(1) Has no arguable basis in fact or law; or
(2) Is substantially similar to a previous civil action in which the inmate did not substantially prevail, either in that it is brought against the same parties or in that the civil action arises from the same operative facts of a previous civil action; or
(3) Has been brought with the intent to harass an opposing party.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-5. Hearings

(a) To the extent practicable, a court shall conduct pretrial proceedings in any civil action in which an inmate's participation is required or permitted by telephone, video conference or other telecommunications technology without removing the inmate from the facility in which an inmate is confined.
(b) Subject to the agreement of the official with custody over an inmate, the court may conduct hearings at the correctional facility in which an inmate is confined. To the extent practicable, the court shall allow counsel to participate by telephone, video conference or other communications technology in any hearing held at the facility.
(c) No court may compel the commissioner of the Division of Corrections or warden of any correctional facility operated by the Division of Corrections or the executive director of the West Virginia Regional Jail and Correctional Facility Authority or any administrator of any facility operated by the West Virginia Regional Jail and Correctional Facility Authority to transport to court any inmate having a maximum security classification if the warden or administrator of the facility tenders to the court an affidavit attesting to the custody level of the inmate and stating that, in the warden's or administrator's opinion, the inmate possesses a substantial risk of escape if transported. If a warden or administrator files an affidavit, then the warden or administrator shall, upon demand of the court, provide suitable room to conduct any trial or hearings at which an inmate's presence is required. The warden or administrator shall allow the court, counsel and all court personnel access to the correctional facility to conduct the proceedings the court considers necessary.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-6. Loss of Good-Time Credit

Upon a finding by the court that a civil action is frivolous, malicious or intended to harass the party against whom the civil action is brought or that the inmate knowingly testified falsely or otherwise knowingly presented false evidence or information to the court, the court may order that the inmate forfeit earned good-time credit. A court may take additional evidence to determine the appropriate amount of good-time credit to be forfeited.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-7. Court-Ordered Payments

Any compensatory damages awarded to an inmate in connection with a civil action, after deduction for any attorney fees, shall be paid directly to satisfy any outstanding court-ordered payments pending against the inmate, including, but not limited to, restitution or child support. The remainder of the award after full payment of all pending court orders shall be forwarded to the inmate.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-8. Attorney Fees

(a) In any action based upon prison conditions brought under any statute or Constitutional provision, if attorney fees are recoverable pursuant to any state statute, no attorney fees shall be awarded to a prisoner, except to the extent that:
(1) The fees were directly and reasonably incurred by an attorney in proving an actual violation of prisoner's rights protected by the Constitution or statute; and
(2) The amount of the fees is proportionately related to the court-ordered relief for the violation, or the fees were directly and reasonably incurred in enforcing the relief ordered for the violation.
(b) Nothing in this section shall prohibit a prisoner from entering into an agreement to pay an attorney fee in excess of the amount authorized in this section, if the fee is paid by the prisoner rather than by another party to a civil action.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1A. West Virginia Prisoner Litigation Reform Act › §25-1A-9. Limitations on Civil Actions Brought by Prisoners in Forma Pauperis

(a) Absent an order of a circuit court permitting the filing, an inmate is not permitted to proceed in forma pauperis when bringing a civil action or appealing a judgment in a civil action or proceeding if he or she has, on three or more occasions, while incarcerated or detained in any correctional facility, brought an action or appeal in any court of this state that was dismissed on the grounds it was frivolous, malicious, or failed to state a claim upon which relief may be granted, unless the inmate is under imminent danger of serious physical injury.
(b) Any civil action asserting an inmate is under imminent danger of serious physical injury shall state with particularity the factual basis of the assertion.
(c) The provisions of subsection (a) of this section do not apply to an inmate seeking a writ of habeas corpus ad subjiciendum relating solely to the propriety of an inmates custody.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-1. Authorization; Definitions

(a) The Division of Corrections may establish a correctional center nursery in one or more of the correctional centers for women operated by the division. The program would allow eligible inmates and children born to them while in the custody of the division to reside together in the institution. In establishing this program, neither the inmate's participation in the program nor any provision of this article shall affect, modify or interfere with the inmate's custodial rights to the child nor does it establish legal custody of the child with the division.
(b) As used in this article:
(1) "Correctional Center Nursery Program" means the program authorized by this article.
(2) "Public assistance" means all forms of assistance, including monetary assistance from any public source paid either to the mother or child or any other person on behalf of the child.
(3) "Support" means the payment of money, including interest:
(A) For a child or spouse ordered by a court of competent jurisdiction, whether the payment is ordered in an emergency, temporary, permanent or modified order, the amount of unpaid support shall bear simple interest from the date it accrued, at a rate of $10 upon $100 per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time;
(B) To third parties on behalf of a child or spouse, including, but not limited to, payments to medical, dental or educational providers, payments to insurers for health and hospitalization insurance, payments of residential rent or mortgage payments, payments on an automobile or payments for day care; or
(C) For a mother, ordered by a court of competent jurisdiction, for the necessary expenses incurred by or for the mother in connection with her confinement or of other expenses in connection with the pregnancy of the mother.
(4) "Support order" means an award of support by order of a court of competent jurisdiction.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-2. Eligible Inmates

An inmate is eligible to participate in the Correctional Center Nursery Program if she is pregnant at the time she is delivered into the custody of the Division of Corrections; she gives birth on or after the date the program is implemented; and she and the child meet any other criteria established by the division. Placement into the nursery program shall be by internal classification of the division. A sentencing court is without jurisdiction to order a placement of an inmate into the nursery program.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-3. Terms of Participation

To participate in the Correctional Center Nursery Program, each eligible inmate selected by the division shall agree in writing to:
(1) Comply with any educational, counseling or other requirements established for the program by the Division of Corrections;
(2) If eligible, have the child participate in the Medicaid program or a health insurance program;
(3) Accept the normal risks of child bearing;
(4) Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child;
(5) Assign to the division any rights to support from any other person; and
(6) Specify with whom the child is to be placed in the event the inmate's participation in the program is terminated for a reason other than release from imprisonment.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-4. Termination of Inmate's Participation in Program

An inmate's participation in the Correctional Center Nursery Program may be terminated by the division if one of the following occurs:
(a) The inmate fails to comply with the agreement entered into under section three of this article;
(b) The inmate's child becomes seriously ill, cannot meet medical criteria established by the division for the program or otherwise cannot safely participate in the program;
(c) A court of competent jurisdiction issues an order that designates a person other than the inmate as the child's custodial parent and legal custodian;
(d) A court of competent jurisdiction grants custody of the child to a person other than the inmate;
(e) An order is issued granting shared parenting of the child;
(f) An order regarding the child is issued granting temporary, permanent, or legal custody of the child to a person other than the inmate, or to a public children services agency or private child placing agency; or
(g) The inmate is released from imprisonment.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-5. Collection of Child Support

(a) The rights to support assigned by any inmate shall constitute an obligation of the person who is responsible for providing the support to the division for the support provided the inmate and child pursuant to the Correctional Center Nursery Program. The Bureau of Child Support Enforcement shall collect support payments made pursuant to the assignment and forward them to the division.
(b) The division may receive the following:
(1) Money that is assigned or donated on behalf of, and public assistance provided to, a specific inmate or child participating in the Correctional Center Nursery Program; and
(2) Money or other property assigned or donated to establish and maintain the Correctional Center Nursery Program.
(c) Ten percent of the moneys described in this section shall be placed in the mandatory savings account of the mother for whom the money was received. The remaining moneys shall be used for items not covered by other program funds.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-6. Program Support; Correctional Center Nursery Fund

The division shall obtain sufficient resources to initiate and maintain the Correctional Center Nursery Program if the program is established. The division may accept gifts, grants, property, funds, money, interest on investment of the fund, materials, labor, supplies or services from the United States of America or from any governmental unit or any person, foundation, firm or corporation to support the program. All moneys collected shall be deposited in a special revenue account, designated the Correctional Center Nursery Fund, which is hereby created. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2008, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature. If there are sufficient moneys in the fund, they shall be invested by the West Virginia Investment Management Board in accordance with the provisions of article six, chapter twelve of this code.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 1B. West Virginia Correctional Center Nursery Act › §25-1B-7. Voluntary Regulation

Notwithstanding any other provision of this code to the contrary, neither the Correctional Center Nursery Program nor the division, with respect to the program, is subject to any regulation, licensing or oversight by the Department of Health and Human Resources unless the division and the Department of Health and Human Resources agree to voluntary regulation, licensing or oversight.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 4. Centers for Housing Young Adult Offenders › §25-4-1. Purpose of Article

The purpose of this article is to provide appropriate facilities for the housing of young adult offenders convicted of or pleading guilty to violation of law before courts with original jurisdiction, who are amenable to discipline other than in close confinement, and to give better opportunity to young adult offenders for reformation and encouragement of self-discipline.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 4. Centers for Housing Young Adult Offenders › §25-4-3. Authority of Commissioner of Corrections

The West Virginia commissioner of corrections has the authority to acquire land and other property by purchase, grant, gift or otherwise in connection with the establishment of centers and to construct buildings, fences and other facilities, and to acquire personal property necessary for the maintenance and operation of the centers; to direct all needed improvements and repairs necessary for the proper upkeep of the centers, and to provide for the necessary food, medical treatment and safekeeping of persons confined in the centers; and to employ personnel to operate the centers and to provide the necessary work and other programs for the offenders assigned to the centers.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 4. Centers for Housing Young Adult Offenders › §25-4-4. Warden

Each center shall be under the direction of a warden who shall have the minimum qualification of a college degree with a major in criminal justice or a related field and the powers and duties as described in sections eleven and eleven-a, article one of this chapter. The warden shall be paid an annual salary to be fixed by the Commissioner of Corrections. The warden, subject to the authority of the commissioner, has the responsibility for the overall operation of the center.
At each center the warden shall administer programming which shall include the following components:
(1) A work program;
(2) An educational program in accordance with section thirteen-f, article two, chapter eighteen of this code;
(3) A recreational program; and
(4) A counseling program with an emphasis on substance abuse and life skills.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 4. Centers for Housing Young Adult Offenders › §25-4-7. Physical, Educational and Psychological Examinations; Transfer and Placement

Every young adult offender committed under this article shall be given complete physical, educational and psychological examinations in the same manner and under the same protections and requirements of subsections (b) and (c), section two, article one, chapter twenty-eight of this code. In addition to those requirements, all admission, transfer and placement requirements and authority provided to the commissioner in subsections (d) and (e), section two, article one, chapter twenty-eight of this code are applicable.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 4. Centers for Housing Young Adult Offenders › §25-4-8. Labor, Study or Activities May Be Required

Offenders assigned to centers may be required to labor on the buildings and grounds of the center, in the making of forest roads, for fire prevention and fire fighting, on forestation and reforestation of public lands, on the making of fire trails and firebreaks, on fire suppression, on building or improving public parks or lands, or engage in any studies or activities prescribed or permitted by the warden, subject to the approval of the commissioner of corrections.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 4. Centers for Housing Young Adult Offenders › §25-4-11. Escape; Aiding Escape

(a) Any inmate of a center who shall escape from said center or the custody of an officer or employee of such center shall be guilty of a felony and, upon conviction thereof, be committed to the custody of the commissioner of corrections for not more than five years. A term of incarceration imposed pursuant to the provisions of this section shall be imposed as a consecutive sentence and not served concurrently with any sentence or period of confinement previously imposed.
(b) Any person who willfully permits or aids any inmate of such center to escape therefrom or conceals him with the intent of enabling him to elude pursuit is guilty of a felony and, upon conviction thereof, shall be committed to the custody of the commissioner of corrections for not more than five years.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-2. Legislative Findings and Purpose

The Legislature hereby finds that adequate and modern prison facilities are essential to the safety and welfare of the people of this state and other states, and that contracting for portions of governmental services is a viable alternative for this state and its political subdivisions.
Further, the Legislature finds that allowing for the establishment of private prison facilities is an economic development opportunity for local communities and will augment the General Revenue Fund.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-3. 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) "Contracting agency" means the appropriate governmental agency with the authority to enter into a contract with a prison vendor for correctional services. A contracting agency shall include, but not be limited to, the State of West Virginia and its political subdivisions, the federal government, any federal agency, one or more of the remaining United States, or a political subdivision of one or more of the remaining United States.
(c) "Correctional services" means the following functions, services and activities, when provided within a prison or otherwise:
(1) Design and modification or construction of prison facilities;
(2) Education, training and jobs programs;
(3) Development and implementation of systems for the classification of inmates and management information systems or other information systems or services;
(4) Food services, commissary, medical services, transportation, sanitation or other ancillary services;
(5) Counseling, special treatment programs or other programs for special needs;
(6) Recreational, religious or other activities; and
(7) Operation of correctional facilities, including management, custody of inmates, and providing security.
(d) "Division" means the Division of Corrections of the department of public safety of West Virginia.
(e) "Foreign" in the context of a foreign state or other unit of government means any state or political subdivision or the District of Columbia or the federal government or a federal agency other than the State of West Virginia and its political subdivisions.
(f) "Inmate" means an individual sentenced to incarceration by a court or contracting agency.
(g) "Prison contractor" or "contractor" or "prison vendor" means any individual, partnership, corporation, unincorporated association or any other nongovernmental entity which is licensed to do business in the State of West Virginia and which has or will enter into a contractual agreement with a contracting agency to provide correctional services.
(h) "Prison" or "prison facility" or "facility" means any minimum or medium or maximum adult correctional institution operated under the authority of the division or of a political subdivision of this state, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means.
(i) "Private correctional officer" means any full-time or part-time employee of a prison vendor whose primary responsibility is the supervision, protection, care and control of inmates within a private correctional facility.
(j) "Regional jail authority" means the West Virginia Regional Jail and Correctional Facility Authority created by article twenty, chapter thirty-one of this code.
(k) "Secretary" means the secretary of the department of public safety.
(l) "State" means the State of West Virginia.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-4. Authority of the Commissioner of the Division of Corrections; Authority of Secretary of Department of Public Safety

(a) The commissioner of the Division of Corrections shall promulgate rules, in accordance with chapter twenty-nine-a of this code, to implement the provisions of this article.
(b) The commissioner shall have the authority to recommend or to not recommend to the secretary that a prison vendor be granted the privilege of operating a prison facility in this state.
(c) The commissioner shall have the authority to issue notices of violations, assess penalties and proceed in the collection of money due the state by private contractors.
(d) The secretary of the department of public safety may, upon the recommendation of the commissioner, grant approval for a prison vendor to operate a private prison in this state.
(e) The commissioner shall have the authority to accept the custody of and to confine inmates from sentencing authorities located outside the State of West Virginia.
(f) The commissioner shall have the authority to expend funds contained in the private prison fund, established pursuant to subdivision (2), subsection (g), section eleven of this article, to cover any and all expenses incurred because of private prison operations within the state.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-5. Prohibition of Constructing or Operating a Correctional Facility; Exceptions

(a) No person may operate a private prison facility or provide correctional services in this state without first obtaining the written approval of the secretary.
(b) No person may construct, modify, lease, or otherwise alter a private prison facility without first obtaining the written approval of the Regional Jail Authority.
(c) Nothing in this section shall impair the right of the state or its political subdivisions to operate a prison facility or provide correctional services.
(d) No private contractor may operate a correctional facility in this state for the confinement of maximum security inmates sentenced to a term of incarceration by a foreign court.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-7. Granting Private Contractor Ability to Contract With Foreign Contracting Agencies

A private contractor upon the approval of the secretary and the Regional Jail Authority may contract for correctional services with foreign contracting agencies provided such contract meets the minimal requirements contained in section nine of this article. Upon approval the facility may receive inmates sentenced to confinement by a foreign authority.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-8. Reporting Requirements

The contractor shall prepare the following information and submit it to the commissioner, as applicable:
(1) The prison vendor shall develop and implement a plan for the dissemination of information about the facility to the public, government agencies and the media. This information shall be made available to all persons. All documents and records, except financial records, inmate records and personnel records, maintained by the prison vendor, shall be deemed public records.
(2) The facility shall comply with all applicable laws and regulations of the local and state government regarding sanitation, food service, safety and health. Copies of inspections completed by the appropriate authorities shall be sent by the contractor to the division.
(3) The facility shall report for investigation all crimes in connection with the facility to the division of public safety and all other political subdivisions' law-enforcement agencies having jurisdiction where the prison is located. A written report shall be made of all extraordinary or unusual occurrences and forwarded to the commissioner. Extraordinary or unusual occurrences shall include, but not be limited to:
(A) Death of an inmate or staff member;
(B) Attempted suicide or suicide;
(C) Serious injury, whether accidental or self-inflicted;
(D) Attempted escape or escape from confinement;
(E) Fire;
(F) Riot;
(G) Battery, whether by a staff member or inmate;
(H) Sexual assaults; and
(I) Occurrence of contagious diseases.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-9. Terms of Contract

Contracts awarded under the provisions of this article shall:
(1) Provide for internal and perimeter security to protect the public, staff members and inmates.
(2) Impose discipline on inmates only in accordance with the rules promulgated by the commissioner.
(3) Provide for proper food, clothing, housing, and medical care for inmates.
(4) Require that a contractor shall adhere to the rules promulgated by the commissioner.
(5) Require that the contractor and the contracting agency shall indemnify, defend and hold harmless the state, its agencies, political subdivisions, and the employees and other contractors of the state, its agencies and political subdivisions from any claim or cause of action which arises from any act or omission by the contractor or any of the contractor's employees or subcontractors.
(6) Require the contractor to indemnify the state or its political subdivisions for any moneys the state or its political subdivisions may expend for claims against the state or its political subdivisions pursuant to section seventeen of this article.
(7) Require a foreign contracting agency to transport an inmate back to the contracting agency's state for parole, furlough or release.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-10. Site Selection

The Regional Jail Authority shall approve the site for the proposed facility. Approval shall be in accordance with legislative rules promulgated in accordance with chapter twenty-nine-a of this code. One such legislative rule shall establish criteria for identifying and evaluating potential sites for private prisons and shall provide for a public hearing or hearings to allow reasonable participation in the selection process by the citizens of the area to be affected by the construction and operation of a private prison.
2023 West Virginia Code › Chapter 25. Division of Corrections › Article 5. Private Prisons › §25-5-12. Access by Contracting Agency, Commissioner; Reimbursement of Expenses; Report by Commissioner

(a) The commissioner shall cause to be made such inspections of prison facilities as are necessary to effectively enforce the requirements of this article. The commissioner or his authorized representative or a contracting agency shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide to the commissioner any and all data, reports, and other materials that the commissioner determines are necessary to carry out inspections pursuant to this article.
(b) The contractor shall reimburse the Division of Corrections for expenses incurred for inspections. Such reimbursement shall be payable to the Division of Corrections.
(c) The commissioner shall report on the performance of contractors operating within this state, no less frequently than annually, until the year one thousand nine hundred ninety-three and thereafter as requested by either the Speaker of the House of Delegates, the President of the Senate, the Regional Jail Authority or the Governor. Upon such request, the report shall be submitted to the Speaker of the House of Delegates, to the President of the Senate, to the Regional Jail Authority and to the Governor.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.