§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;
§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 […]
§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 […]
§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 […]
§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 […]
§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.
§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 […]
§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 […]
§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.
§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 […]