HB 4552 — Relating to the law-enforcement powers of correctional officers

WESTHB4552 VIRGINIAS LEGISLATUREJUD REGULARAM SESSION#1Cobb ENROLLED7888 The Committee Substituteon forthe HouseJudiciary Billmoved 4552to BYamend DELEGATESBthe ROOKS,bill ARTIN,by ORNBYstriking ,out RIT,everything GREEN,ANDafter HOTTthe [Passedenacting Marchclause 14,and 2026;inserting in lieu thereof the following:

in  effectARTICLE 903. days from passage (June 12, 2026)] Enr CS for HB 4552 AN ACT to amend §15A-3-10 of the Code of West Virginia, 1931, as amended, relating to the law-enforcement powers of correctional officers;

clarifying that certain employees of the Division of Corrections and Rehabilitationrehabilitation. are law-enforcement officers;

clarifying the powers and duties of the commissioner;

clarifying the authority of correctional peace officers;

and clarifying that certain correctional officers shall receive identification to carry weapons off duty.

Be it enacted by the Legislature of West Virginia:

ARTICLE 3.

DIVISION OF CORRECTIONS AND REHABILITATION.

(a)(a)Other than as As outlined in this section, a correctional officer employed by the division is not a law-law-enforcement enforcementofficer officer:as that term is defined in §30-29-1 of this code:

Provided further, That nothing in this section shall be construed as superseding the requirements set forth in §30-29-5 of this code for a person to be employed as a law-enforcement officer by any West Virginia law-enforcement agency or by any state institution of higher education or by a hospital or by the Public Service Commission of West Virginia.Virginia.(b) The commissioner is a law-enforcement official and may use, and permit and allow or disallow his or her designated employees to use, publicly provided carriage vehicle to travel from their residences to and from their workplace and return:

(b)Provided, TheThat the usage is subject to the supervision of the commissioner and is adirectly law-enforcementconnected officialwith and mayrequired use,by the nature and allowin orthe disallowperformance hisof orthe herofficial’s or designated employee’s duties and responsibilities.(c) All employees of the division are responsible for enforcing rules and laws necessary for the control and management of correctional units and the maintenance of public safety that is within the scope of responsibilities of the division.(d) Persons employed by the Division of Corrections and Rehabilitation as correctional officers may make arrests of persons already charged with a violation of law who surrender themselves to use,the publiclycorrectional providedofficer, vehicleto arrest persons already in the custody of the division for violations of law occurring in the officer’s presence, to traveldetain 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 theirthe workplace:custody of a facility of the division.(e) The commissioner may designate correctional employees as correctional peace officers who may:(1) Detain persons for violations of state law committed on the property of any state correctional institution;(2) Conduct investigations regarding criminal activity occurring within a correctional facility;

Provided, That the usage is subject to the supervision of the commissioner and is directly connected with and required by the nature and in the performance of the official’s or designated employee’s duties and responsibilities.

Enr CS for HB 4552 (c) All employees of the division are responsible for enforcing rules and laws necessary for the control and management of correctional units and the maintenance of public safety that is within the scope of responsibilities of the division.

(d) Persons employed by the Division of Corrections and Rehabilitation as correctional officers may 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.

(e) The commissioner may designate correctional employees as correctional peace officers who may:

(1) Detain persons for violations of state law committed on the property of any state correctional institution;

(2) Conduct investigations regarding criminal activity occurring within a correctional facility;

andand(4) (4) Apply for, obtain, and execute search warrants necessary for the completion of their his or her duties and responsibilities.responsibilities.(f) The Corrections Special Operations Team is continued and consists of the Corrections Emergency Response Team, the K9 unit, and the Crisis Negotiations team created under the former Division of Corrections.

(f) The Corrections Special Operations Team is continued and consists of the Corrections Emergency Response Team, the K9 unit, and the Crisis Negotiations Team created under the former Division of Corrections.

Provided, That at any time the Corrections Special Operations Team is apprehending an escapee or an absconder outside the confinement Enr CS for HB 4552 of the facility grounds, it does so with the assistance and cooperation of local law enforcement or the West Virginia State Police.

The certificate shall be on a form prescribed by the commissioner and shall bear his or her official signature.signature.(h) In recognition of the duties of their employment supervising the confinement and transportation of inmates, and their arrest powers referenced in this section which constitute law enforcement, correctional officers with the power to arrest and who have been authorized to carry firearms by the Commissioner are determined to be qualified law-enforcement officers as that term is used in 18 U.S.C.

(h) In recognition of the duties of their employment supervising the confinement and transportation of inmates, and their arrest powers referenced in this section which constitute law enforcement, correctional officers with the power to arrest and who have been authorized to carry firearms by the Commissioner are determined to be qualified law-enforcement officers as that term is used in 18 U.S.C.

§ 926C.926C.(i) Any state designated correctional officer may carry a concealed firearm for self-defense purposes pursuant to the provisions of 18 U.S.C.

(i)§ Any926B, stateif designatedthe following criteria are met:(1) The Commissioner of Corrections has a written policy authorizing correctional officerofficers mayto carry a concealed firearm for self-defense purposespurposes;(2) There is in place a requirement that the designated correctional officers annually qualify in the use of a firearm with standards for qualification which are equal to, or exceed, those required of sheriff's deputies by the Law-Enforcement Professional Standards Program;(3) The Commissioner issues a photographic identification and certification card which identify the designated correctional officers as qualified law-enforcement employees pursuant to the provisions of this subsection.(j) Any policy instituted pursuant to this section shall include provisions which:(1) Preclude or remove a person from participation in the concealed firearm program;(2) Preclude from participation persons prohibited by federal or state law from possessing or receiving a firearm and;(3) Prohibit persons from carrying a firearm pursuant to the provisions of this subsection while in an impaired state as defined in §17C-5-2 of this code.(k) Any designated correctional officer who participates in a program authorized by the provisions of this subsection is responsible, at his or her expense, for obtaining and maintaining a suitable firearm and ammunition.(l) It is the intent of the Legislature in enacting the amendments to this section during the 2024 regular session of the Legislature to authorize designated correctional officers wishing to do so to meet the requirements of the federal Law-Enforcement Officer's Safety Act, 18 U.S.C.

§ 926B,926B.(m) ifThe privileges authorized by the followingamendments criteriato this section enacted during the 2024 regular session of the Legislature are met:wholly within the discretion of the Commissioner.(n) The provisions of §30-29-12 of this code shall apply to all correctional officers recognized in subsection (h) of this section.   AdoptedRejected

Enr CS for HB 4552 (1) The Commissioner of Corrections has a written policy authorizing correctional officers to carry a concealed firearm for self-defense purposes;

(2) There is in place a requirement that the designated correctional officers annually qualify in the use of a firearm with standards for qualification which are equal to, or exceed, those required of sheriff's deputies by the Law-Enforcement Professional Standards Program;

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

(j) Any policy instituted pursuant to this section shall include provisions which:

(1) Preclude or remove a person from participation in the concealed firearm program;

(2) Preclude from participation persons prohibited by federal or state law from possessing or receiving a firearm and;

(3) Prohibit persons from carrying a firearm pursuant to the provisions of this subsection while in an impaired state as defined in §17C-5-2 of this code.

(k) Any designated correctional officer who participates in a program authorized by the provisions of this subsection is responsible, at his or her expense, for obtaining and maintaining a suitable firearm and ammunition.

(l) It is the intent of the Legislature in enacting the amendments to this section during the 2024 regular session of the Legislature to authorize designated correctional officers wishing to do so to meet the requirements of the federal Law-Enforcement Officer's Safety Act, 18 U.S.C.

§ 926B.

(m) The privileges authorized by the amendments to this section enacted during the 2024 regular session of the Legislature are wholly within the discretion of the Commissioner.

(n) The provisions of §30-29-12 of this code shall apply to all correctional officers recognized in subsection (h) of this section.

Enr CS for HB 4552 The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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