reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-01 - Refiling Of Administrative Rules Pertaining To Administration Of Single-Family Mortgage Loans › Section 88-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules are being refiled pursuant to West Virginia Code, subsection (a),
				section five, article two, chapter twenty-nine-a and are identical with the
				rules filed in the office of the Secretary of State of West Virginia on July 1,
				1982. These rules apply to the origination, purchase and servicing of
				single-family mortgage loans by West Virginia Housing Development Fund (the
				"Housing Development Fund") and its agents, on behalf of the West Virginia
				State Board of Investments (the "Board of Investment"), from funds provided in
				the "State Mortgage and Industrial Development Investment Pool" pursuant to
				West Virginia Code, section one, article eighteen-b, chapter thirty-one, et
				seq. These rules are issued to implement the loan program mandated by such
				legislation, to provide procedures designed to safeguard the investments to be
				made with funds from the Mortgage Investment Pool and to effectively discharge
				the duties imposed on the Housing Development Fund as administrator of the
				program on behalf of the Board of Investments. These rules include legislative
				rules, interpretive rules and procedural rules, which are hereby identified as
				follows:
(a) Legislative rules. -- Section
				2.3(b), (c) and (i) are legislative rules, relating to West Virginia Code,
				section seven, article eighteen-b, chapter thirty-one.
(b) Interpretive rules. -- Section 2.1,
				Section 2.2, Section 2.3(d) through (h), Section 2.3(j) and (k), Section 3 and
				Section 4 are interpretive rules, relating to West Virginia Code, section
				eight, article eighteen-b, chapter thirty-one.
(c) Procedural rules. -- Section 2.4, Section
				2.5, Section 2.6 and Section 5 are procedural rules, relating to West Virginia
				Code, section eleven, article eighteen-b, chapter thirty-one.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-02 - Notice Of Meetings Of Housing Development Fund › Section 88-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes procedures for providing notice to the public and the news
				media of all regularly-scheduled, special and emergency meetings of the Housing
				Development Fund.
1.2. Authority.
				-- W. Va. Code '6-9A-3.
1.3. Filing Date. -- July 7, 1999.
1.4. Effective Date. -- September 18,
				1999.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-02 - Notice Of Meetings Of Housing Development Fund › Section 88-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Housing
				Development Fund" or the "Fund" means the West Virginia Housing Development
				Fund created and established under W. Va. Code '31-18-1 et
				seq.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-02 - Notice Of Meetings Of Housing Development Fund › Section 88-2-3 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Regularly-Scheduled Meetings. -- The Fund shall cause notice of its
				regularly-scheduled meetings to be filed with the office of the Secretary of
				State for the State of West Virginia for publication in the State Register in a
				manner to allow each notice to appear in said publication at least five days
				prior to the date of the meeting. Notice provided under this section shall
				include the date, time, place and agenda of the meeting.
3.2. Special Meetings. -- The Fund shall
				cause notice of all special meetings to be filed with the office of the
				Secretary of State for the State of West Virginia for publication in the State
				Register in a manner to allow each notice to appear in said publication at
				least five days prior to the date of the meeting. Notice provided under this
				section shall include the date, time, place and purpose of the
				meeting.
3.3. Emergency Meetings.
				-- The Fund may file notice of any emergency meetings requiring immediate
				official action with the office of the Secretary of State for the State of West
				Virginia for publication in the State Register at any time prior to such
				meeting. Notice provided under this section shall include the date, time, place
				and purpose of the meeting and the facts and circumstances of the
				emergency.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-02 - Notice Of Meetings Of Housing Development Fund › Section 88-2-4 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. If any word,
				phrase or provision of this rule is held to be invalid, the remainder of the
				rule shall, to the fullest extent possible, not be affected by that
				holding.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-03 - Purchasing Procedure › Section 88-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule is to ensure certain
				controls and accountabilities are in place for the purchase of goods and
				services by the Fund. This rule identifies procurement guidelines based on the
				monetary amount of the good or service. This rule applies only to the purchase
				of goods and services for the administrative functions of the Fund and is not
				applicable to housing programs.
1.2. Authority. -- W. Va. Code §
									31-18-6.
1.3. Filing Date. -- June
				24, 2020.
1.4. Effective Date. --
				July 24, 2020.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-03 - Purchasing Procedure › Section 88-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Authorized Designee" means anyone
				designated in writing by the Executive Director to perform a specific task or
				function.
2.2. "Board" means the
				Board of Directors of the Fund.
2.3. "Executive Director" means the Executive
				Director of the Fund.
2.4. "Fund"
				means the West Virginia Housing Development Fund created and established under
				W. Va. Code §
									31-18-1
et seq.
2.5. "RFP" means Request for
				Proposal.
2.6. "State" means the
				State of West Virginia.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-03 - Purchasing Procedure › Section 88-3-3 - Overview

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The Fund is a public body corporate and
				government instrumentality of the State established to increase the supply of
				residential housing for persons and families of low or moderate income and to
				provide construction and permanent mortgage financing to public and private
				sponsors of such housing. In addition, the Fund serves as a pass-through entity
				or administrator of money allocated by the Federal Government. The Fund does
				not spend the federal award but instead passes it on to the end user, which is
				a developer of affordable housing. As such, the Uniform Guidance Procurement
				Policies and the updates under the National Defense Authorization Act (NDAA) do
				not directly apply to the Fund's operations.
The Fund receives no appropriations from the State, is not a
				  state spending unit, is not subject to an appropriated budget by the State, is
				  not required to adopt a legally authorized budget and is not subject to the
				  State's procurement process. However, for sound financial management and
				  oversight purposes an annual administrative budget is presented to, and
				  approved by, the Board. Monthly, the Board reviews a comparison of actual to
				  budgeted expenses to monitor the Fund's compliance with its administrative
				  budget. Goods and services purchased for the administrative functions of the
				  Fund are approved as part of the annual administrative budget.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-03 - Purchasing Procedure › Section 88-3-4 - Purchasing Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				purchases of goods and services are subject to expenditure approval.
				Documentation of the evaluation and decision will be imaged with the executed
				contract, if applicable. If the purchase does not involve a contract,
				documentation should be included as backup to the request for payment and
				imaged with the payable/voucher.
4.2. Requirements for purchases up to $5,000:
4.2.1. No formal bid process is
				required.
4.2.2. The authorized
				approval(s) on the request for payment will serve as documentation of the
				decision of reasonableness and will be imaged with the payable.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-03 - Purchasing Procedure › Section 88-3-5 - Permitted Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Sole-Source
				Provider. Exceptions may be made to the provisions of this rule in instances
				where there is a "sole-source" provider.
5.2. Software Purchases. It is the practice
				of the Fund to evaluate various software applications through research and
				vendor product demonstrations and then select the software that best meets the
				needs of the organization through a cost/benefit analysis. In these instances,
				a formal RFP need not be issued.
5.3. Emergencies. Exceptions may be made in
				the event of federally declared emergencies or State declared emergencies
				affecting the Fund or its programs.
5.4. Board Approved Exceptions. Case-by-case
				exceptions may be made to the provisions of this rule in instances approved by
				the Board.
5.5. Documentation of
				Exceptions. The reasoning for and approval of exceptions should be noted in the
				supporting documentation and/or the payment/voucher request. Any exception
				shall require the written approval of the Executive Director or other officers
				or employees with full signature authority as authorized by the
				Board.
West Virginia Code of State Rules › Agency 88 - Housing Development Fund › Title 88 - LEGISLATIVE RULE WEST VIRGINIA HOUSING DEVELOPMENT FUND › Series 88-03 - Purchasing Procedure › Section 88-3-6 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If any word, phrase, or provision of
				this rule is held to be invalid, the remainder of the rule shall, to the
				fullest extent possible, not affected by that holding.
West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule establishes
				guidelines for the submission of vouchers to Public Defender Services for
				payment of fees and reimbursement of expenses of attorneys appointed by the
				court to represent eligible indigent clients.
1.2. Authority. -- W. Va. Code §
									29-21-5;
				§
									29-21-13a;
				§
									29-21-18.
1.3. Filing Date. -- February 14,
				2020.
1.4. Effective Date. --
				February 14, 2020.
1.5. Sunset
				Provision. - This rule shall terminate and have no further force or effect upon
				the expiration of 5 years from February 14, 2020.
West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-4 - Expenses; conditions; and limitations

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Panel attorneys will be reimbursed for the actual and necessary expenses
				incurred in legal representation. To be reimbursed, expenses over $10 require
				supporting documentation including invoices or receipts.
4.2. Travel -- Reimbursement for expenses
				related to travel will be made consistent with the reimbursement of state
				employees related to travel, including whether reimbursement will be made for
				overnight lodging, meals, or otherwise. The provisions regarding reimbursement
				for state employees and the schedule of these reimbursements will be posted on
				the website.
4.2.1. Mileage for which
				reimbursement is claimed should be consistent with the calculation of mileage
				made by online services, such as MapQuest, Google Maps, or an equivalent
				application, and any mileage claim that is inconsistent with such calculation
				must be explained.
4.2.2. Mileage
				will be reimbursed for travel from the business office of the panel attorney to
				the location where legal representation is provided. Subject to the provisions
				of subsection 4.2.3. of this section, mileage will be reimbursed for travel
				from the panel attorney's residence to the location where legal representation
				is provided only if the residence is the business office or if the distance
				from the residence to the location where legal representation is provided is
				closer than the distance from the business office to the location where legal
				representation is provided. When travel from the residence is more than travel
				from the business office, the panel attorney may seek reimbursement from
				business office to the location where legal representation is provided even if
				leaving from the residence.
4.2.3.
				If a panel attorney is regularly accepting appointments in a judicial circuit
				other than the judicial circuit in which the panel attorney's business office
				is situated and is not accepting appointments within the judicial circuit in
				which the panel attorney's business office is situated, then the travel to be
				reimbursed will not include the distance from the panel attorney's office to
				the border of the judicial circuit in which appointments are taken.
West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-6 - Timing of voucher submission

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Compensation
				will be paid at the conclusion of an eligible proceeding. An appeal will be
				considered the commencement of a separate eligible proceeding for this purpose.
				Proceedings after sentencing will be considered the commencement of separate
				proceedings from the original proceedings for this purpose.
6.2. Panel attorneys may request compensation
				at the completion of a critical stage within a proceeding. A critical stage is
				when the jurisdiction of a matter may transfer from magistrate court to circuit
				court or from juvenile jurisdiction to adult jurisdiction. Further proceedings
				after that point will be considered the commencement of a separate proceeding.
				A proceeding which is "bound over" will not be considered at a critical stage
				and requests for compensation cannot be made until the indictment issues or the
				matter is dismissed or otherwise concluded. A critical stage is also when the
				prosecution of a matter is delayed pending the compliance of a defendant with
				certain conditions that may result in dismissal or reduction of
				charges.
6.3. The panel attorney is
				required to submit the request for compensation within 90 days after the
				conclusion of an eligible proceeding. If the panel attorney elects to request
				compensation at a critical stage, the request must be made within 90 days after
				the completion of the critical stage.
6.4. The panel attorney may submit a voucher
				to the agency before the conclusion of an eligible proceeding if the proceeding
				has been pending for more than six months. The executive director, in his or
				her discretion, may authorize periodic payments where ongoing representation
				extends beyond six months in duration.
6.5. If an interim voucher is submitted, the
				panel attorney must submit all time expended before the date of the submission.
				A subsequent voucher cannot have dates of service included that could have been
				included in the preceding voucher. Subsequent vouchers in any instance relating
				to legal representation of the same client in the same eligible proceeding that
				include dates of services that are prior to the last date of service on a
				preceding voucher will be reduced by the amount of compensation requested for
				those services.
6.6. If a voucher
				is submitted after the deadline provided in this section, the panel attorney
				must obtain an order of the presiding court stating that good cause has been
				shown for the untimely submission. Forms for such an order will be available on
				the website. The order approving this untimely submission must be uploaded with
				the voucher that is submitted to the agency by the panel attorney for
				compensation in the eligible proceeding to which the services
				related.
West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-8 - Child abuse and neglect

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Priority in the
				payment of compensation is provided for legal representation in child abuse and
				neglect proceedings.
8.2. Priority
				in payment is achieved by permitting panel attorneys providing legal
				representation in child abuse and neglect proceedings to submit vouchers after
				each dispositional hearing held in the matter, without regard to the number of
				such vouchers that are eventually submitted. If a voucher is submitted after a
				dispositional hearing, the panel attorney must submit all time expended before
				the date of the submission. A subsequent voucher cannot have dates of service
				included that could have been included in the interim voucher. Subsequent
				vouchers including dates of services that precede the last date of service in
				an interim voucher will be reduced by the amount of compensation requested for
				those services.
West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-9 - Directions for payment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Payment of
				compensation for legal services and reimbursement of expenses will be made in
				the name of the panel attorney actually appointed to represent the eligible
				client.
9.2. The original
				directions for the delivery or deposit of the payment of the compensation will
				not be changed with regard to such payments until any and all persons or
				entities identified in the original directions have agreed to the changes,
				unless otherwise directed by court order.
9.3. If a dispute arises between the panel
				attorney and other persons or entities identified in the directions regarding
				payment, the agency will suspend the processing of a voucher until all parties
				submit a written agreement regarding the directions for payment or an order of
				a court is received directing the payment.
West Virginia Code of State Rules › Agency 89 - Public Defender Services › Title 89 - LEGISLATIVE RULE PUBLIC DEFENDER SERVICES › Series 89-01 - Payment of Fees and Reimbursement of Expenses of Court Appointed Attorneys › Section 89-1-10 - Additional guidelines

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The agency may
				publish additional guidelines for the preparation, submission, and processing
				of vouchers for payment as circumstances necessitate.
10.2. The guidelines will be posted on the
				website and may include explanations for the guidelines in the form of
				"frequently asked questions."
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-01 - Incorporation Of Policy Directives Manual › Section 90-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This manual contains policy and
						procedures for the administration of the Department of Corrections and the
						correctional facilities under the jurisdiction of the Commissioner of the
						Department of Corrections, and for the supervision of persons committed to the
						custody of the Commissioner and persons on parole in West Virginia.
1.2. Authority. -- W. Va. Code '25-1-5; 28-1-5;
						28-3-10; 28-5-2; 28-5B-12; 62-13-2; 62-13-4.
1.3. Filing Date. -- September 9,
						1987.
1.4. Effective Date. --
						September 9, 1987.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-01 - Incorporation Of Policy Directives Manual › Section 90-1-2 - Incorporation By Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The Policy Directives Manual is hereby incorporated by reference as a legislative rule. The document is available from the Secretary of State's office or the West Virginia Department of Corrections.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-02 - Parole Supervision › Section 90-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule governs
						the conduct of all inmates released on parole and of parolees or probationers
						whose supervision has been undertaken by this state by reason of any interstate
						compact. This series does not apply to probationers under the supervision of a
						county probation officer in West Virginia.
1.2. Authority. -- W. Va. Code
						§§
									62-13-2 and 62-12-17.
1.3. Filing Date. -- March 30, 2007.
1.4. Effective Date. -- April 1,
						2007.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-02 - Parole Supervision › Section 90-2-3 - Exemptions or Reductions of Supervision Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
						The Division of Corrections may approve individual requests for exemption from or
						reduction of monthly supervision fees.
3.2. The parolee or probationer desiring an
						exemption from or reduction of the monthly supervision fee must submit a written
						request to his or her parole officer. The parole officer will forward the request
						along with his or her comments, personal knowledge of the individual's
						circumstances, and recommendation to Director of Parole Services within five (5)
						working days of receipt of the request. The parolee or probationer's request must
						state whether he or she is applying for an exemption or a reduction and the
						amount of the reduction requested. The request must outline the parolee or
						probationer's current income or income prospects, liquid assets in his or her
						possession, fixed debts and obligations, including federal, state, and local
						taxes, medical expense, child care, transportation and expenses necessary for
						employment, age or physical infirmity of resident family members, and the
						consequences for the individual if the exemption or the reduction of the fee is
						denied. All exemptions or reductions are prospective unless otherwise
						specified.
3.3. The parolee or
						probationer's request will be evaluated and approved, or denied, by the Director
						of Parole Services or his or her designee. If denied, the parolee or probationer
						may submit an appeal of the decision to the Commissioner for final
						decision.
3.4. If the request for
						exemption or reduction is approved, the deciding official will notify the parolee
						or probationer that the exemption or reduction is only valid as long as the
						circumstances under which it was granted remain the same. The parolee or
						probationer must advise his or her parole officer when these circumstances
						change. In any event, the reduction or exemption expires four (4) months after
						approval and the parolee or probationer must reapply if another exemption or
						reduction is needed.
3.5. Parolees or
						probationers approved for an exemption may be required to perform twenty (20)
						hours of community service work per month by his or her parole officer in lieu of
						paying the monthly supervision fee.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-02 - Parole Supervision › Section 90-2-4 - Sanctions for Willful Failure to Make Payment of Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
The following sanctions may be imposed for a parolee or probationer's willful failure to pay supervision fee(s):
4.1. A letter of warning to the delinquent
						parolee or probationer by his or her parole officer;
4.2. An additional twenty (20) hours of
						community service work per month as approved by the parolee or probationer's
						parole officer;
4.3. Placement on
						home confinement with electronic monitoring and the parolee or probationer paying
						a daily fee in an amount to be determined by the Commissioner of the Division of
						Corrections;
4.4. The parolee or
						probationer's parole officer may request a warrant for violation of the terms and
						conditions of parole or probation;
4.5. The Division of Corrections may institute
						civil collections proceedings.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes the furlough program for inmates under the custody and control of the
						West Virginia Division of Corrections.
1.2. Authority. -- W. Va. Code
						'25-1-13.
1.3. Filing Date. -- May
						22, 1995.
1.4 Effective Date. -- May
						22, 1995.
1.5. Repeal and Replace. --
						This rule repeals and replaces Furlough Programs For Inmates Under The Custody
						And Control Of The Commissioner Of The Division Of Corrections, 90 CSR 3,
						effective January 13, 1989.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Classification. - A process for
						determining the appropriate security placement and special needs of the inmate
						population in order to provide a safe, secure and humane correctional system for
						the public, staff and inmates.
2.2.
						Correctional Classification Profile (CCP). A scientific system for the
						classification of adult inmates developed in accordance with the American
						Correctional Association Standards. The CCP is a grid system which incorporates
						those factors known to be important in determining inmates' institutional
						assignments, identifying inmates' programmatic and service needs as well as
						public (security) and institutional (custody) risks. The CCP takes into
						consideration such things as the current offense, level of violence of the
						offense, institutional violence, escape history, mental and physical health and
						disciplinary rule violations. Inmates are classified on a scale of I to V. Level
						V is the most severe and restrictive and Level I is the least
						restrictive.
2.3. Furlough - An
						authorized unescorted absence from actual confinement within a correctional
						center for a specific purpose, to a specific place, under specific conditions,
						and for a specific period of time.
2.4. Unescorted absence - An approved absence
						from the correctional center during which the inmate is not accompanied by
						Correctional Officer.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-3 - Applicability

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule is applicable to all Division of
						Corrections correctional centers which house adult inmates.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-4 - Eligibility for Furlough Consideration

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
						Commissioner of Corrections may grant furloughs when appropriate for medical or
						psychiatric treatment, substance abuse treatment, to strengthen family
						relationships or other similar reasons.
4.2. This rule will normally be applicable to
						inmates whose overall custody classification is I (Community) or II (Minimum) as
						determined by the WV Corrections Classification Profile (CCP).
4.3. Furlough for inmates whose custody
						classification exceed II requires a written recommendation from the Chief
						Executive Officer of the requesting correctional center and specific approval of
						the Commissioner of Corrections or his designee.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-5 - Restrictions, Conditions and Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An inmate may
						not be granted a furlough if Division of Corrections officials believe that he or
						she poses a threat to him or herself or others, may become involved in criminal
						activity while on furlough, poses a risk to the victim of the crime or crimes for
						which committed or poses a risk to the community in general.
5.2. In order to be eligible for a furlough, an
						appropriately classified inmate must have served at least thirty (30) days in the
						correctional center and have had no finding of misconduct during the preceding
						six (6) months.
5.3. Inmates approved
						for furloughs are eligible to receive furloughs as follows:
a. After thirty (30) days in the Center, one
						(1) 24 hour furlough.
b. After sixty
						(60) days in the Center, two (2) 24 hour furloughs.
c. After ninety (90) days in the Center,
						forty-eight (48) hours of furlough each week.
d. Special furloughs granted by the
						Commissioner for medical, psychiatric or substance abuse treatment will be for a
						maximum of thirty (30) days unless the treating physician or psychiatrist
						requests, as a medical necessity, additional treatment time.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-6 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Division may cancel an inmate's
						furlough for any violation of the terms and conditions of the furlough.
6.2. The Division may discipline inmates who
						violate the terms and conditions of a furlough in accordance with Division of
						Corrections Policy Directive 670.00 "Discipline of Adult Inmates".
6.3. The Division shall report to the
						appropriate law enforcement authority for prosecution under the applicable
						statute any violation of conditions of a furlough which is a violation of Federal
						or State Law.
6.4. Violation of
						Contract Conditions of Furlough: Any inmate who fails to timely return from a
						furlough, as provided for in the furlough contract or upon the order of a
						corrections official, shall be considered to have escaped. Corrections officials
						will report the escape to the proper authorities and charge the inmate under the
						applicable statute.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-7 - Exceptions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commissioner of Corrections may, for
						good cause shown, grant exceptions to this rule.
7.2. Extended furloughs may be granted by the
						Center upon special request of the inmate or his or her family in instances such
						as the injury or illness of the inmate or a member of his or her immediate family
						or extreme, adverse weather conditions. The Center shall document the
						circumstances which require that the furlough be extended.
7.3. Special time frames may be designated by
						the Central Office for specific holidays.
7.4. Any special exception that is granted
						shall not count against the normal duration or frequency criteria for furloughs
						applicable to that inmate.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-03 - Furlough Program For Adult Imates › Section 90-3-8 - Notification of Sentencing County (Work Release Inmates)

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Within one week of any inmate's arrival at
						a Work Release Center, the Administrator shall provide, in writing, to the
						Prosecuting Attorney, Sheriff, and Parole Officer of the sentencing county the
						following information:
a. That the inmate has
						been assigned to a community- based program;
b. That the inmate may be eligible to receive
						furlough privileges beginning on a particular date; and
c. That the inmate's stay at the Center will be
						for a particular period of time contingent upon parole eligibility and the
						inmate's conduct.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes the procedure for the transfer of displaced correctional
						employees.
1.2. Authority. -- W. Va.
						Code '25-1-21.
1.3. Filing date. --
						May 22, 1995.
1.4. Effective date. --
						May 22, 1995.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Closure: The discontinuance of any service
						or unit, whether singular or collective, within the West Virginia
						Penitentiary.
2.2. Employee: A person
						who has successfully completed a six -month probationary period.
2.3. Employment priority list: A list of
						correctional officers employed full time at the West Virginia Penitentiary, at
						the time of closure, who are in good standing.
2.4. Good standing: Any employee not under
						disciplinary sanction or on probationary status. Disciplinary sanction for the
						purposes of transfer under W. Va. Code '25-1-21 is any suspension or demotion
						which occurred within twelve months prior to transfer.
2.5. Length of service: Tenure in the
						classified service.
2.6. Preference:
						Giving a priority in hiring to hose displaced employees, who are otherwise
						qualified based on seniority and fitness over other applicants for correctional
						officer positions at Mount Olive, Huttonsville Correctional Center and Northern
						Regional Jail and Correctional Facility in accordance with W. Va. Code ''25-1-21
						and
29-6-10 (6).
2.7. Probationary Period: A trial work period
						of six months designed to allow the appointing authority an opportunity to
						evaluate the ability of the employee to effectively perform the tasks assigned,
						adjust himself or herself to the organization and comply with the agency's policy
						and mission.
2.8. Recall: The
						reemployment of an employee affected by a reduction-in-force as specified in WV
						Code '29-6-10 (6) and section 6.2 (e) of this rule.
2.9. Staffing Requirements: The number and
						classification of positions available.
2.10. Transfer; Layoff List: A list of
						employees at the West Virginia Penitentiary who are in good standing, by
						occupational grouping, ranked by length of
						service.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-3 - Service of Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
Where practical the Commissioner shall, not less than thirty days prior to staffing in the Mount Olive Correctional Complex, Huttonsville Correctional Center or the Northern Regional Jail and Correctional Complex at Moundsville, give notice of the open position staffing for either an existing or new operational unit, or the closure of a unit or section, or discontinuance of a service within the West Virginia Penitentiary, to all employees of the Penitentiary. The Commissioner of Corrections shall consider security by not announcing the exact dates of closures.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-4 - Closure of a Unit or Section; Discontinuance of a Service

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Criteria for Transfer: Employees are
						eligible for transfer to another institution as units or sections of the West
						Virginia Penitentiary are closed or services discontinued. In selecting employees
						for transfer, the Commissioner, based on staffing requirements, shall give
						priority for employment to any person on a transfer list as defined in section 2
						of this rule to a position equivalent to the position that person currently holds
						at the West Virginia Penitentiary or a lower position within the same
						occupational group.
4.2. Transfer.
						All transfers shall be in compliance with Division of Personnel Administrative
						Regulations. Promotion and demotion opportunities which may occur will be
						afforded in accordance with Division of Personnel Administrative Regulations and
						applicable Division of Corrections policies.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-5 - Closure of Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
						Reduction-in-Force. No less than 15 days prior to final closure of the West
						Virginia Penitentiary at Moundsville, the Commissioner shall give written notice
						to remaining employees of a reduction-in-force. The notice and reduction in force
						shall be in accordance with W. Va. Code '29-6-10(5), (6), WV Code '5F-2-2 (d),
						the Division of Personnel Administrative Regulations, and section 3 of this
						rule.
5.2. Reemployment. Any
						correctional employee not selected for transfer to Mount Olive Correctional
						Complex, Huttonsville Correctional Center or the Northern Regional Jail and
						Correctional Complex at Moundsville, and who wishes to remain eligible for future
						employment at the facilities, shall remain on a priority employment list as
						defined in section 2 for a two-year period commencing with the date of the final
						closure of the West Virginia Penitentiary.
In selecting individuals for future employment at these
							facilities, the Commissioner shall, based on staffing requirements, give priority
							to any correctional employee on the priority employment list in an available
							position equivalent to the position that person held at the West Virginia
							Penitentiary unless the Commissioner determines that person is physically or
							mentally unfit.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-6 - Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Generally. Procedures for the transfer
						process shall be developed by the West Virginia Division of Corrections and
						approved by the West Virginia Division of Personnel.
6.2. Procedures for Transfer and Reemployment.
6.2.a. The Department of Public Safety's
						Division of Corrections shall establish preliminary staffing requirements at the
						Mount Olive Correctional Complex, the Huttonsville Correctional Center and the
						Northern Regional Jail and Correctional Complex at Moundsville.
6.2.b. The Division of Corrections shall
						develop and maintain rank-ordered lists of all current employees of the West
						Virginia Penitentiary, who are in good standing. The lists shall be by
						occupational grouping and ranked by length of service.
6.2.c. As staffing requirements occur for
						eitherexisting or new operational units at the Mount Olive Correctional Complex,
						the Huttonsville Correctional Center or the Northern Regional Jail and
						Correctional Complex at Moundsville, Corrections shall offer available positions
						to existing employees of the West Virginia Penitentiary at Moundsville.
6.2.c.1. The Division of Corrections shall
						offer employees on the transfer list, in rank order, an opportunity for transfer
						to positions equivalent to the positions that they currently hold at the
						Penitentiary or lower positions within the same occupational grouping. An
						employee who declines an opportunity to transfer may remain on the transfer list
						and remain eligible for transfer to future vacant positions at the Mount Olive
						Correctional Complex, the Huttonsville Correctional Center and the Northern
						Regional Jail and Correctional Complex at Moundsville until closure of the
						Penitentiary at Moundsville.
6.2.c.2.
						Transfers, promotions, demotions or lateral class changes which may occur will
						follow WV Code '25-1-21, applicable Division of Personnel Administrative
						Regulations, and Division of Personnel policies.
6.2.d. No less than fifteen days prior to the
						closure of the West Virginia Penitentiary, all remaining employees at the
						Penitentiary shall be notified of the reduction-in-force in accordance with
						applicable Division of Personnel Administrative Regulations.
6.2.e. The "bumping" provisions of WV Code
						'29-6-10 (5) and the Division of Personnel Administrative Regulations are not
						applicable to employees affected by a reduction-in-force upon closure of the West
						Virginia Penitentiary at Moundsville, since that organizational unit ceases to
						remain in operation and likewise all positions of that organizational unit cease
						to exist. Other provisions of the aforementioned sections are
						applicable.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-04 - Employment Of Displaced Correctional Employees › Section 90-4-7 - Equal Employment Opportunity

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
						Non-discrimination. All employees are entitled to an equal employment opportunity
						and no employee shall be discriminated against based on race, color, religion,
						national origin, sex, age, disabled veteran status, Vietnam era veteran status,
						political affiliation, or disability.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-05 - Recording Of Inmate Telephone Calls › Section 90-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule
						establishes the policy and delineates guidelines for the monitoring, recording,
						record keeping and disclosure of inmate telephone calls.
1.2. Authority. -- W. Va. Code
						§
									25-1-17.
1.3. Filing Date. --
						April 1, 2010.
1.4. Effective Date.
						-- April 5, 2010.
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-05 - Recording Of Inmate Telephone Calls › Section 90-5-2 - Applicability; reports

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1 All telephones
						for use by inmates shall be connected to a secure, automated, digital recording
						module which shall be capable of identifying the inmate making the call, the
						number called and disabling recording of this line during calls to the inmate's
						attorney. Such system may be similar to those utilized with municipal "911
						emergency systems". Except for calls from an inmate to his attorney, all inmate
						telephone calls may be monitored and will be automatically recorded. Recordings
						may only be disclosed as set forth herein;
2.2 The computerized telephone system shall
						generate a report of the telephone usage a minimum of once a month;
West Virginia Code of State Rules › Agency 90 - Corrections › Title 90 - PROCEDURAL RULE WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION › Series 90-05 - Recording Of Inmate Telephone Calls › Section 90-5-3 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Notification.
3.1.1. Division of Corrections will notify all
						inmates in writing that their telephone conversations may be recorded and
						disclosed in accordance with this rule;
3.1.2. Each correctional center shall
						prominently place a notice on, or immediately near, any telephone on which
						recording may take place;
3.1.3. All
						recordings shall be retained for at least three (3) years and disposed of in
						accordance with Corrections Records Retention Schedule set forth pursuant to a
						records retention schedule tendered in accordance with W.Va. Code §
										5A-8-9.