§25-5-1. Short Title
This article shall be known as "The Private Prison Enabling and Contracting Act."
§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 […]
§25-5-11. Standards of Operation; Violations
(a) The facility shall be staffed at all times. The staffing pattern shall be adequate to ensure intense supervision of inmates and maintenance of security within the facility. The staffing pattern shall address the facility's operations and programs, transportation and security needs. In determining security need, considerations shall include, but not be limited to, the […]
§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 […]
§25-5-13. Sovereign Immunity
The sovereign immunity of the state shall not extend to the contractor or its insurer.
§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.
§25-5-2. 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 […]
§25-5-20. 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 […]
§25-5-3. 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 […]
§25-5-4. 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 […]
§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 […]
§25-5-6. Authority of the State and Its Political Subdivisions to Contract for Correctional Services
A contracting agency of this state, its political subdivisions or their designee may contract with a prison contractor for the construction, lease, acquisition, improvement, operation, and management of correctional facilities and services.
§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.
§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.