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Article 1. Definitions
§15A-1-1. Rules of Construction Generally - Whenever in this chapter, or in any rule or regulation...
§15A-1-2. Department - "Department" means the Department of Homeland Security.
§15A-1-3. Secretary - "Secretary" means the Secretary of the Department of Homeland Security.
§15A-1-4. “Commissioner” Defined - “Commissioner” means the Commissioner of the Division of Corrections and...
§15A-1-5. “Inmate” Defined - “Inmate” means an adult incarcerated person.
§15A-1-6. “Resident” Defined - “Resident” means a juvenile within the custody of the Division...
§15A-1-7. Compliance With Requests for Personnel Information - (a) Notwithstanding any provision of this code or any rule...
§15A-1-8. Preservation of Biological Evidence From Criminal Cases; Directing Secretary to Undertake a Study and Report to the Legislature - (a) As used in this section: (1) "Biological evidence" means:...
§15A-1-9. Department of Homeland Security; Secretary of the Department of Homeland Security; Powers and Duties - (a)(1) The Department of Homeland Security is established within the...
Article 2. Division of Administrative Services
§15A-2-1. Division of Administrative Services - (a) The Division of Administrative Services is created within the...
§15A-2-2. Division Director; Appointment and Qualifications; Powers and Duties - (a) The secretary shall appoint a director for the Division...
§15A-2-3. Transfer of Employees; Continuation of Programs; Transfer of Equipment and Records; Protection - (a) All persons employed by the Division of Juvenile Services,...
§15A-2-4. Criminal Justice and Grant Administration - (a) The director shall: (1) Carry out the specific duties...
§15A-2-5. Human Trafficking Assistance Notices - (a) For the purpose of assisting victims of human trafficking...
Article 3. Division of Corrections and Rehabilitation
§15A-3-1. Purpose and Legislative Intent - (a) The primary purpose of the Division of Corrections and...
§15A-3-2. Division of Corrections and Rehabilitation Established - (a) The Division of Corrections and Rehabilitation is hereby established...
§15A-3-3. Commissioner of Division; Qualifications, Oath and Bond - (a) A commissioner of the Division of Corrections and Rehabilitation...
§15A-3-4. Powers and Duties of Commissioner Generally - (a) The commissioner, in order to carry out the purposes...
§15A-3-5. Officers and Employees of Corrections Institutions - (a) The commissioner, or his or her designee, has the...
§15A-3-6. Hiring of Correctional Officer Without Regard to Position on the Register - Notwithstanding any provision of law to the contrary or any...
§15A-3-7. Compensation of Employees; Traveling and Other Expenses - The commissioner shall, in accordance with the provisions of §29-6-1...
§15A-3-8. Reports by Commissioner and Chief Officers of Institutions to Auditor - The commissioner shall, from time to time, as may be...
§15A-3-9. Special Compensation of Officers and Employees Prohibited; Penalty - No officer or employee shall receive, directly or indirectly, any...
§15A-3-10. Law-Enforcement Powers of Employees; Authority to Carry Firearms - (a) Other than as outlined in this section, a correctional...
§15A-3-11. Unauthorized Use of Uniform, Badge, Identification Card, or Other Insignia; Impersonation of Member; and Penalty - (a) The commissioner shall prescribe the design, or designs, of...
§15A-3-12. Institutions Managed by Commissioner - (a) The commissioner shall manage, direct, control, and govern the...
§15A-3-13. Title to Property of State Institutions; Custody of Deeds and Other Muniments of Title; Authority of Commissioner - The title to all property constituting or belonging to the...
§15A-3-14. Exempt From Purchasing Division; Purchasing Procedures - (a) The provisions established in 5A-3-1 et seq. of this...
§15A-3-14a. Creation of Special Fund for Surplus Property Revenue; Disposal of Surplus Property - (a) There is hereby created a special revenue fund in...
§15A-3-15. Mutual Aid Agreements - (a) The commissioner may enter into agreements to provide for...
§15A-3-16. Funds for Operations of Jails Under the Jurisdiction of the Commissioner - (a) Any special revenue funds previously administered by the Regional...
§15A-3-17. Jail Operations Partial Reimbursement Fund - (a) There is continued in the State Treasury the Jail...
§15A-3-18. Rules - (a) The commissioner is authorized to propose rules for legislative...
Article 4. Corrections Management
§15A-4-1. Applicability of Article - (a) Except as otherwise provided herein, the provisions of this...
§15A-4-2. Furlough Programs - (a) The commissioner may establish a furlough program for inmates...
§15A-4-3. Electronic Monitoring of Offenders; Special Account - (a) The commissioner may use electronic monitoring equipment to aid...
§15A-4-4. Diagnostic and Classification Divisions - (a) The commissioner may continue and establish diagnostic and classification...
§15A-4-5. Transfer of Inmates of State Institutions or Facilities - (a) The commissioner shall have authority to cause the transfer...
§15A-4-6. Monitoring of Inmate Telephone Calls; Procedures and Restrictions; Calls to or From Attorneys Excepted - (a) The commissioner, or his or her designee, is authorized...
§15A-4-7. Monitoring Inmate Mail; Procedures and Restrictions; Identifying Mail From a State Institution; Mail to or From Attorneys Excepted - (a) The commissioner, or his or her designee, is authorized...
§15A-4-8. Monitoring of Inmate Electronic Correspondence; Procedures and Restrictions; to or From Attorneys Excepted - (a) The commissioner, or his or her designee, is authorized...
§15A-4-8a. Facility Video and Security Records Confidential; Exceptions - (a) The contents of any correctional or juvenile facility video,...
§15A-4-9. Trustee Accounts and Funds, Earnings and Personal Property of Inmates and Residents - (a) The commissioner is authorized to establish at each institution...
§15A-4-10. Inmate or Resident Benefit Funds - (a) The commissioner shall establish an inmate, or resident, benefit...
§15A-4-11. Financial Responsibility Program for Inmates - (a) The Legislature finds that: (1) There is an urgent...
§15A-4-12. Limitation on Reimbursement Rate to Medical Service Providers for Services Outside Division Facilities - The division, or its contracted medical providers, may not pay...
§15A-4-13. Charges Assessed Against Inmates for Services Provided by State - (a) The commissioner is authorized to assess inmates serving a...
§15A-4-14. Record of Inmate or Resident - The commissioner shall file and preserve the record of the...
§15A-4-15. Manufacture of License Plates, Road Signs or Markers; Securing Signs and Markers When Federal Government Reimburses State for Cost Thereof - For the purpose of obtaining license plates to be used...
§15A-4-16. Gifts to or Dealings With Inmate or Resident - No officer or employee of the state, or contractor, or...
§15A-4-17. Deduction From Sentence for Good Conduct; Mandatory Supervision - (a) All adult inmates placed in the custody of the...
§15A-4-17a. Division of Corrections and Rehabilitation Mandatory Supervised Release Plan - The commissioner may develop a mandatory supervised release plan for...
§15A-4-18. Governor’s Authority to Authorize Commissioner to Consent to Transfer of Inmates Under a Federal Treaty - If a treaty in effect between the United States and...
§15A-4-19. Mentally Ill Inmates; Treatment; Transfer Between Correctional and Mental Health Facilities; Correctional Facility Procedures - (a) No person who is, or was considered to be,...
§15A-4-20. Work Program - (a) The commissioner is authorized to establish at each institution...
§15A-4-21. Director of Employment; Director of Housing; Released Inmates; Duties - The commissioner may employ or contract for a Director of...
Article 4A. Expanded Work Release Pilot Program
§15A-4A-1. Purpose of Article and Legislative Findings - (a) The purpose of this article is to establish an...
§15A-4A-2. Definitions - As used in this article, unless the context clearly requires...
§15A-4A-3. Expanded Work Release Pilot Program - The Commissioner of the Division of Corrections and Rehabilitation is...
§15A-4A-4. Eligibility; Funding - (a) An offender is eligible to participate in the work...
§15A-4A-5. Limitations on Eligibility for Work Release Participation - The following persons may not participate in the work release...
§15A-4A-6. Internal Policy Development - (a) The commissioner shall develop operational procedures and policies for...
§15A-4A-7. Funding and Financial Implications - Funding for the expanded work release pilot program may be...
Article 5. Bureau of Prisons and Jails
§15A-5-1. Creation of Bureau of Prisons and Jails; Organization of Facilities - (a) The commissioner shall establish a Bureau of Prisons and...
§15A-5-2. Transfer of Duties and Funds of Division of Corrections - All prior conveyed responsibilities of the Division of Corrections, and...
§15A-5-3. Superintendents; Duties and Authority; Bond; Residence - (a) The commissioner shall appoint a superintendent for each institution...
§15A-5-4. Appointment of Deputy Superintendent; Duties; Bond - Each superintendent, with the approval of the commissioner, may hire...
§15A-5-5. Hiring of Other Assistants and Employees - The superintendent of each correctional institution or unit shall, in...
§15A-5-6. Jail Intake Facilities; Housing of Adult Inmates - To the extent practicable, and in a manner consistent with...
§15A-5-7. Pretrial Risk Assessment - (a) Within three calendar days of the arrest and placement...
§15A-5-8. Jail Processing Fee - (a) A person committed to be housed in jail by...
§15A-5-9. Ability to Refuse Offenders - (a) Notwithstanding any other provision of this code, the commissioner,...
§15A-5-10. Completing the Goals Program Satisfies the Requirements for the Dui Safety and Treatment Program - Notwithstanding any provision of this code to the contrary, any...
Article 6. Bureau of Juvenile Services
§15A-6-1. Creation of Bureau of Juvenile Services; Organization of Facilities - (a) The Commissioner of Corrections and Rehabilitation shall establish a...
§15A-6-2. Transfer of Duties and Funds - All prior conveyed responsibilities and duties of the Division of...
§15A-6-3. Superintendents; Duties and Authority; Bond; Residence - (a) The commissioner shall appoint a superintendent for each institution...
§15A-6-4. Appointment of Deputy Superintendent; Duties; Bond - Each superintendent, with the approval of the commissioner, may hire...
§15A-6-5. Hiring of Other Assistants and Employees; Duties of Correctional Employees - The superintendent of each juvenile institution or unit shall, in...
Article 7. Bureau of Community Corrections
§15A-7-1. Creation of Bureau of Community Corrections; Organization of Facilities - (a) The commissioner shall establish a Bureau of Community Corrections....
§15A-7-2. Duties of Superintendents; Bond; Residence - The commissioner shall appoint a Superintendent for each institution under...
§15A-7-3. Hiring of Other Assistants and Employees; Duties of Employees - (a) Each superintendent of a community corrections facility shall, in...
§15A-7-4. Supervision of Probationers and Parolees; Final Determinations Remaining With Board of Probation and Parole - The commissioner shall supervise all persons released on parole and...
§15A-7-5. Powers and Duties of State Parole Officers - (a) Each state probation and parole officer employed by the...
§15A-7-6. Parole Supervision Benefit Fund - (a) There is continued a special revenue account in the...
Article 8. Regional Jail and Correctional Facility Authority Board
§15A-8-1. Powers and Authority of the Regional Jail and Correctional Facility Authority Board; Continuation of the Regional Jail and Correctional Facility Authority Board; Payment of Bonds; Appeal of per Diem Rate - (a) The Regional Jail and Correctional Facility Authority Board is...
§15A-8-2. West Virginia Regional Jail and Correctional Facility Authority Board; Composition; Appointment; Terms; Compensation and Expenses - The West Virginia Regional Jail and Correctional Facility Authority Board...
§15A-8-3. Governing Body; Organization and Meetings; Quorum; Administrative Expenses - (a) The board shall consist of the voting members of...
Article 9. Office of Administrative Hearings
§15A-9-1. Office Created; Appointment of Chief Hearing Examiner - (a) The Office of Administrative Hearings is created as a...
§15A-9-2. Organization of Office - (a) The Chief Hearing Examiner is the chief administrator of...
§15A-9-3. Jurisdiction of Office of Administrative Hearings - Notwithstanding any provision of this code to the contrary, the...
§15A-9-4. Hearing Procedures - (a) All level one grievance hearings before the office shall...
§15A-9-5. Rule-Making Authority - The Office of Administrative Hearings may propose legislative and procedural...
§15A-9-6. Duty to Provide Notice of Change of Address - Any person who has any pending contested matter before the...
§15A-9-7. Transition From Divisions of the Department to the Office of Administrative Hearings - (a) In order to implement an orderly and efficient transition...
Article 10. Fire Marshal
§15A-10-1. State Fire Marshal and Office of the State Fire Marshal Transferred to Department of Homeland Security; Appointment of State Fire Marshal; Removal; Salary; Qualifications; Responsibilities; Employees; Equipment - (a) The State Fire Marshal and the Office of the...
§15A-10-2. Powers, Duties, and Authority of State Fire Marshal - (a) The State Fire Marshal may employ personnel, fix their...
§15A-10-3. Additional Powers, Duties and Authority of State Fire Marshal Relating to Law Enforcement; Statewide Contracts; Penalties; Authority to Carry Firearms - (a) Enforcement of laws. The State Fire Marshal, and any...
§15A-10-4. Enforcement Standards - (a) In the enforcement of the State Building Code and...
§15A-10-5. General Rule-Making Authority; Appointment of Advisory Boards - (a) The State Fire Marshal may propose rules for legislative...
§15A-10-6. Responsibilities of Insurance Companies in Fire Loss Investigation - (a) The State Fire Marshal or any deputy or assistant...
§15A-10-7. Fees - (a) The State Fire Marshal is authorized to propose rules...
§15A-10-8. Annual Reports - The State Fire Marshal shall transmit annually to the Governor...
§15A-10-9. Maintenance of Fire Hazard; Order for Repair or Demolition; Order to Contain Notice to Comply; Right to Appeal - (a) No person shall erect, construct, reconstruct, alter, maintain, or...
§15A-10-10. Service of Repair or Demolition Order - The written order of the State Fire Marshal made pursuant...
§15A-10-11. Work to Be Done at Expense of Owner or Occupant Upon Failure to Comply With Repair or Demolition Order; Action to Recover - In the event any owner of any building or premises...
§15A-10-12. Smoke Detectors in One- and Two-Family Dwellings; Carbon Monoxide Detectors in Residential Units, Schools, and Daycare Facilities; Penalty - (a) An operational smoke detector shall be installed in the...
§15A-10-13. Use of Live Trees in Public Buildings; Exceptions - Notwithstanding any other provision of law to the contrary, live...
§15A-10-14. Safety Standards for Bed and Breakfast Establishments; Findings - (a) Findings. Bed and breakfast establishments provide a unique and...
§15A-10-15. Performance of Installation of Propane Gas Systems - (a) Notwithstanding any statutory or regulatory provisions to the contrary,...
§15A-10-16. Additional Remedies to Abate, etc., Fire Hazards - In case any building, structure, or equipment is, or is...
§15A-10-17. License Denial Limitation, Suspension, or Revocation - (a) The State Fire Marshal shall deny, limit, suspend, or...
§15A-10-18. Independent Informal Dispute Resolution - (a) A license or certification holder adversely affected by an...
§15A-10-19. Establishment of Demonstration Buildings and Equipment for Educational Instruction in Fire Prevention and Protection; Payment Therefor - The State Fire Marshal is authorized to establish for educational...
§15A-10-20. False Alarm of Fire; Penalties - No person shall make, report, or disclose, by any means...
§15A-10-21. Tax on Insurance Companies - Every insurance company doing business in this state, except Farmers...
§15A-10-22. Penalties - (a) Any person who violates any regulations promulgated by the...
§15A-10-23. Construction - Being in the interest of public safety, the provisions of...
§15A-10-24. Severability - If any section, subsection, subdivision, subparagraph, sentence, or clause of...
§15A-10-25. Awarding Service Weapon Upon Retirement of Fire Marshal or Service Weapon - (a) Upon the retirement of a State Fire Marshal, any...
Article 11. Fire Commission
§15A-11-1. State Fire Commission Continued; Composition; Qualifications; Appointment; Terms of Office; Removal; Vacancies; Compensation and Expenses - (a) The Fire Commission is hereby continued, which shall consist...
§15A-11-2. Chairperson; Vice Chairperson; Meetings; Quorum - (a) The State Fire Commission shall select a chairperson and...
§15A-11-3. Promulgation of Rules and State Fire Code - (a) Pursuant to the provisions of 29A-3- 1 et seq....
§15A-11-4. Hazardous Substance Emergency Response Training Programs - (a) The State Fire Commission shall promulgate rules pursuant to...
§15A-11-5. Promulgation of Rules and Statewide Building Code - (a) The State Fire Commission shall propose rules for legislative...
§15A-11-6. Public Hearings and Notice - Prior to the promulgation of a State Fire Code, or...
§15A-11-7. Commission S Powers in Conduct of Public Hearing - For the purposes of any public hearing under this article,...
§15A-11-8. Powers, Duties, and Authority of State Fire Commission - (a) All state and area training and education in fire...
§15A-11-9. Volunteer Firefighters Training and Equipment - (a) The State Fire Commission shall maintain oversight and authority...
§15A-11-10. Courtesy Certification of Firefighters in Surrounding States to Serve as Volunteer Firefighter - (a) It is the intention of the Legislature to permit...
§15A-11-11. Fire Service Equipment and Training Fund; Creation of Fire Service Equipment and Training Grant; Reports of Ineligibility to State Fire Marshal - (a) There is hereby continued in the Treasury a special...
Article 12. West Virginia Fusion Center
§15A-12-1. West Virginia Fusion Center Established - (a) The Governor shall establish, organize, equip, staff, and maintain...
§15A-12-2. Operation of Center - (a) The West Virginia Department of Homeland Security shall operate...
§15A-12-3. Joint Oversight Committee - (a) The Speaker of the House of Delegates and President...
§15A-12-4. Memoranda of Understanding Required - (a) Each governmental and nongovernmental entity participating in the West...
§15A-12-5. Confidentiality and Immunity From Service of Process; Penalties - (a) Papers, records, documents, reports, materials, databases, or other evidence...
§15A-12-6. Receipt of Information; Immunity From Liability - (a) No cause of action for defamation, invasion of privacy,...
§15A-12-7. Costs - (a) The director, with approval of the cabinet secretary or...
§15A-12-8. Registration Plates to Official Vehicles Used in Agency Activities - Notwithstanding any provision of this code to the contrary, the...