§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 […]
§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 […]
§25-4-6. Assignment of Offenders to Center; Period of Center Confinement; Return to Court; Sentence or Probation; Revocation of Probation
The circuit court may suspend the imposition of sentence of any young adult, as defined in this section, convicted of or pleading guilty to a felony offense, other than an offense punishable by life imprisonment, including, but not limited to, felony violations of the provisions of chapter seventeen-c of this code, who had attained his […]
§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 […]
§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, […]
§25-4-9. Wages of Offenders
The West Virginia commissioner of corrections may provide for the payment of wages to the offenders assigned to centers for the work they perform.
§25-4-10. Authority to Arrest Inmates
All officers and employees of a center have the power of peace officers so far as necessary to take into custody center inmates.
§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 […]
§25-4-12. Independent or Cooperative Establishment of Centers
The West Virginia commissioner of public institutions may establish centers independently or in cooperation with the natural resources commission of West Virginia on such terms as may be agreed upon by the commissioner of public institutions and the director of the department of natural resources.
§25-5-1. Short Title
This article shall be known as "The Private Prison Enabling and Contracting Act."