SB 596 — Modifying payment for housing and maintenance of inmates

WESTSB596 VIRGINIASFA LEGISLATUREBarrett REGULAR#1 SESSION2-20Johnson ENGROSSED 7909 Senator CommitteeBarrett Substitute moved forto Senateamend Billthe 596bill BYSENATORBARRET,by ARRANDPLYMALEstriking [Originatingout everything after the enacting clause and inserting in lieu thereof the Committeefollowing:  onARTICLE Finance;3.

reportedDivision onof FebruaryCorrections 16, 2023] Eng CS for SB 596 A BILL to amend and reenactrehabilitation. §15A-3-16 of the Code of West Virginia, 1931, as amended;

relating to the payment of payment for housing and maintenance of inmates;

setting a per day, per inmate base rate;

establishing a means of calculating fees;

providing for a reduced rate in certain circumstances;

providing for an enhanced rate in certain circumstances;

providing for recalculation every decennial;

requiring publication on the agency webpage;

establishing an effective date;

providing for official and personal liability for payment;

and providing for an exception to personal liability.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3.

DIVISION OF CORRECTIONS AND REHABILITATION.

(a) (a) Any special revenue funds previously administered by the Regional Jail and Correctional Facility Authority or its executive director are continued, and shall be administered by the commissioner.commissioner.(b) Funds that have been transferred by §15A-3-16(a) of this code shall be limited in use to operations of jail functions, and for payment to the Regional Jail and Correctional Facility Authority Board, for payment of indebtedness.

(b) Funds that have been transferred by §15A-3-16(a) of this code shall be limited in use to operations of jail functions, and for payment to the Regional Jail and Correctional Facility Authority Board, for payment of indebtedness.

(c) (c) Whenever the commissioner determines that the balance in these funds is more than the immediate requirements of this article, he or she may request that the excess be invested until needed.

Interest earned on any moneys invested pursuant to this section shall be credited to these funds.funds.(d) These funds consist of the following:(1) Moneys collected and deposited in the State Treasury which are specifically designated by Acts of the Legislature for inclusion in these funds;(2) Contributions, grants, and gifts from any source, both public and private, specifically directed to the operations of jails under the control of the commissioner;(3) All sums paid pursuant to §15A-3-16(g) of this code;

(d)and(4) TheseAll interest earned on investments made by the state from moneys deposited in these funds.(e) The amounts deposited in these funds consistshall be accounted for and expended in the following manner:(1) Amounts deposited shall be pledged first to the debt service on any bonded indebtedness;(2) After any requirements of debt service have been satisfied, the following:commissioner shall requisition from these funds the amounts that are necessary to provide for payment of the administrative expenses of this article, as limited by this section;(3) The commissioner shall requisition from these funds, after any requirements of debt service have been satisfied, the amounts that are necessary for the maintenance and operation of jails under his or her control.

(1)These Moneysfunds collectedshall andmake an accounting of all amounts received from each county by virtue of any filing fees, court costs, or fines required by law to be deposited in these funds and amounts from the Statejail Treasuryimprovement whichfunds areof specificallythe designatedvarious counties;(4) Notwithstanding any other provisions of this article, sums paid into these funds by Actseach county pursuant to §15A-3-16(g) of thethis Legislaturecode for inclusioneach inmate shall be placed in a separate account and shall be requisitioned from these funds;funds to pay for costs incurred;

Engand(5) CSAny amounts deposited in these funds from other sources permitted by this article shall be expended based on particular needs to be determined by the commissioner.(f)(1) After a jail facility becomes available pursuant to this article for SBthe 596incarceration (2)of Contributions,inmates, grants,each andcounty giftswithin fromthe region shall incarcerate all persons whom the county would have incarcerated in any source,jail bothprior publicto the availability of the jail facility in the jail facility, except those whose incarceration in a local jail facility used as a local holding facility is specified as appropriate under the previously promulgated, and private,hereby specificallytransferred directedstandards and procedures developed by the Jail Facilities Standards Commission, and whom the sheriff or the circuit court elects to incarcerate therein.(2) Notwithstanding the operationsprovisions of jails§15A-3-16(f)(1) of this code, circuit and magistrate courts are authorized to:(A) Detain persons who have been arrested or charged with a crime in a county or municipal jail specified as appropriate under the controlstandards and procedures referenced in §15A-3-16(f)(1) of thethis commissioner;code, for a period not to exceed 96 hours;

(3)or(B) AllCommit sumspersons paidconvicted of a crime in a county or municipal jail, specified as appropriate under the standards and procedures referenced in §15A-3-16(f)(1) of this code, for a period not to exceed 14 days.(g) When inmates are placed in a jail facility under the jurisdiction of the commissioner pursuant to §15A-3-16(g)§15A-3-16(f) of this code;code, the county, and municipality if the incarceration is a municipal violation, shall pay into this fund a cost per day for each incarcerated inmate, to be determined as set forth in subsection (k) of this section.

and  by (4)the Allstate interestBudget earnedOffice onannually investmentsby madeexamining the most recent three fiscal years of costs submitted by the statecommissioner fromfor moneysthe depositedcost inof theseoperating funds.the jail facilities and units under his or her jurisdiction, and taking an average per day, per inmate cost of maintaining the operations of the jail facilities or units:

(e) The amounts deposited in these funds shall be accounted for and expended in the following manner:

(1) Amounts deposited shall be pledged first to the debt service on any bonded indebtedness;

(2) After any requirements of debt service have been satisfied, the commissioner shall requisition from these funds the amounts that are necessary to provide for payment of the administrative expenses of this article, as limited by this section;

(3) The commissioner shall requisition from these funds, after any requirements of debt service have been satisfied, the amounts that are necessary for the maintenance and operation of jails under his or her control.

These funds shall make an accounting of all amounts received from each county by virtue of any filing fees, court costs, or fines required by law to be deposited in these funds and amounts from the jail improvement funds of the various counties;

(4) Notwithstanding any other provisions of this article, sums paid into these funds by each county pursuant to §15A-3-16(g) of this code for each inmate shall be placed in a separate account and shall be requisitioned from these funds to pay for costs incurred;

and (5) Any amounts deposited in these funds from other sources permitted by this article shall be expended based on particular needs to be determined by the commissioner.

(f)(1) After a jail facility becomes available pursuant to this article for the incarceration of inmates, each county within the region shall incarcerate all persons whom the county would have incarcerated in any jail prior to the availability of the jail facility in the jail facility, except those whose incarceration in a local jail facility used as a local holding facility is specified as appropriate Eng CS for SB 596 under the previously promulgated, and hereby transferred standards and procedures developed by the Jail Facilities Standards Commission, and whom the sheriff or the circuit court elects to incarcerate therein.

(2) Notwithstanding the provisions of §15A-3-16(f)(1) of this code, circuit and magistrate courts are authorized to:

(A) Detain persons who have been arrested or charged with a crime in a county or municipal jail specified as appropriate under the standards and procedures referenced in §15A- 3-16(f)(1) of this code, for a period not to exceed 96 hours;

or (B) Commit persons convicted of a crime in a county or municipal jail, specified as appropriate under the standards and procedures referenced in §15A-3-16(f)(1) of this code, for a period not to exceed 14 days.

(g) When inmates are placed in a jail facility under the jurisdiction of the commissioner pursuant to §15A-3-16(f) of this code, the county, and municipality if the incarceration is a municipal violation, shall pay into this fund a cost per day for each incarcerated inmate, to be determined as set forth in subsection (k) of this section.

by the state Budget Office annually by examining the most recent three fiscal years of costs submitted by the commissioner for the cost of operating the jail facilities and units under his or her jurisdiction, and taking an average per day, per inmate cost of maintaining the operations of the jail facilities or units:

Provided, That each jail facility or unit operating in this state shall keep a record of the date and time that an inmate is incarcerated, and a county may not be charged for a second day of incarceration for an individual inmate until that Eng CS for SB 596 inmate has remained incarcerated for more than 24 hours.

After that, in cases of continuous incarceration, subsequent per diem charges shall be made upon a county only as subsequent intervals of 24 hours pass from the original time of incarceration.incarceration.(i) The county is responsible for costs incurred by the division for housing and maintaining inmates in its facilities who are pretrial inmates and convicted misdemeanants.

(i) The county is responsible for costs incurred by the division for housing and maintaining inmates in its facilities who are pretrial inmates and convicted misdemeanants.