HB 2362 — Relating to recognizing the law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation.

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedENGROSSED House Bill 2362 By Delegate Kelly [Introduced February 13, 20252025; ;

referred to the Committee on the Judiciary] IntrEng HB 2025R16322362 A BILL to amend and reenact §15A-3-10 of the Code of West Virginia, 1931, as amended, relating to recognizing the law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation;

IntrEng HB 2025R16322362 (d) Persons employed by the Division of Corrections and Rehabilitation as correctional officers may are authorized and empowered to make arrests of persons already charged with a violation of law who surrender themselves to the correctional officer, to arrest persons already in the custody of the division for violations of law occurring in the officer’s presence, to detain or arrest persons for violations of state law committed on the property of any facility under the jurisdiction of the commissioner, and to conduct investigations, pursue, and apprehend escapees from the custody of a facility of the division.

Provided, That at any time the Corrections Special Operations Team is apprehending an escapee or an absconder outside the confinement Eng HB 2362 of the facility grounds, it does so with the assistance and cooperation of local law enforcement or Intr HB 2025R1632 the West Virginia State Police.

Eng HB 2362 (3) The Commissioner issues a photographic identification and certification card which identify the designated correctional officers as qualified law-enforcement employees pursuant to Intr HB 2025R1632 the provisions of this subsection.

NOTE:

The purpose of this bill is to recognize the law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation;

provide that such officers are not subject to certain certification requirements;

authorize the commissioner to consult with the Law Enforcement Professional Standards Subcommittee with regard to training;

clarify powers of arrest;

and clarify application of the federal Law Enforcement Officers Safety act to eligible employees.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.