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Article 1A. West Virginia Prisoner Litigation Reform Act
§25-1A-1. Definitions - As used in this article, (a) "Civil action" means any...
§25-1A-2. Exhaustion of Ordinary Administrative Remedies - (a) As used in this section, an "ordinary administrative remedy"...
§25-1A-2a. Exhaustion of Administrative Remedies Which Address Sexual Assault and Sexual Abuse - (a) The agency shall not require an inmate to use...
§25-1A-3. Payment of Filing Fees and Court Costs - (a) Notwithstanding any other provision of this code, an inmate...
§25-1A-4. Judicial Review of Initial Pleading; Dismissal - (a) The court shall, prior to issuance of process, review...
§25-1A-5. Hearings - (a) To the extent practicable, a court shall conduct pretrial...
§25-1A-6. Loss of Good-Time Credit - Upon a finding by the court that a civil action...
§25-1A-7. Court-Ordered Payments - Any compensatory damages awarded to an inmate in connection with...
§25-1A-8. Attorney Fees - (a) In any action based upon prison conditions brought under...
§25-1A-9. Limitations on Civil Actions Brought by Prisoners in Forma Pauperis - (a) Absent an order of a circuit court permitting the...
Article 1B. West Virginia Correctional Center Nursery Act
§25-1B-1. Authorization; Definitions - (a) The Division of Corrections may establish a correctional center...
§25-1B-2. Eligible Inmates - An inmate is eligible to participate in the Correctional Center...
§25-1B-3. Terms of Participation - To participate in the Correctional Center Nursery Program, each eligible...
§25-1B-4. Termination of Inmate's Participation in Program - An inmate's participation in the Correctional Center Nursery Program may...
§25-1B-5. Collection of Child Support - (a) The rights to support assigned by any inmate shall...
§25-1B-6. Program Support; Correctional Center Nursery Fund - The division shall obtain sufficient resources to initiate and maintain...
§25-1B-7. Voluntary Regulation - Notwithstanding any other provision of this code to the contrary,...
Article 4. Centers for Housing Young Adult Offenders
§25-4-1. Purpose of Article - The purpose of this article is to provide appropriate facilities...
§25-4-2. Establishment of Centers - The West Virginia commissioner of corrections is authorized to establish,...
§25-4-3. Authority of Commissioner of Corrections - The West Virginia commissioner of corrections has the authority to...
§25-4-4. Warden - Each center shall be under the direction of a warden...
§25-4-6. Assignment of Offenders to Center; Period of Center Confinement; Return to Court; Sentence or Probation; Revocation of Probation - The circuit court may suspend the imposition of sentence of...
§25-4-7. Physical, Educational and Psychological Examinations; Transfer and Placement - Every young adult offender committed under this article shall be...
§25-4-8. Labor, Study or Activities May Be Required - Offenders assigned to centers may be required to labor on...
§25-4-9. Wages of Offenders - The West Virginia commissioner of corrections may provide for the...
§25-4-10. Authority to Arrest Inmates - All officers and employees of a center have the power...
§25-4-11. Escape; Aiding Escape - (a) Any inmate of a center who shall escape from...
§25-4-12. Independent or Cooperative Establishment of Centers - The West Virginia commissioner of public institutions may establish centers...
Article 5. Private Prisons
§25-5-1. Short Title - This article shall be known as "The Private Prison Enabling...
§25-5-2. Legislative Findings and Purpose - The Legislature hereby finds that adequate and modern prison facilities...
§25-5-3. Definitions - As used in this article, unless the context clearly requires...
§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...
§25-5-5. Prohibition of Constructing or Operating a Correctional Facility; Exceptions - (a) No person may operate a private prison facility or...
§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...
§25-5-7. Granting Private Contractor Ability to Contract With Foreign Contracting Agencies - A private contractor upon the approval of the secretary and...
§25-5-8. Reporting Requirements - The contractor shall prepare the following information and submit it...
§25-5-9. Terms of Contract - Contracts awarded under the provisions of this article shall: (1)...
§25-5-10. Site Selection - The Regional Jail Authority shall approve the site for the...
§25-5-11. Standards of Operation; Violations - (a) The facility shall be staffed at all times. 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...
§25-5-13. Sovereign Immunity - The sovereign immunity of the state shall not extend to...
§25-5-14. Powers and Duties Not Delegable to Contractor - (a) No contract for correctional services may authorize, allow or...
§25-5-15. Bonding Requirements - A contractor shall give a performance bond payable to the...
§25-5-16. Insurance - (a) The contractor shall provide an adequate policy of insurance...
§25-5-17. Liability; Indemnification - A contractor which has been approved to operate a facility...
§25-5-18. Firearms; Capture of Escapees; Nonresident Private Correctional Officers - (a) Private correctional officers of a private contractor shall be...
§25-5-19. Employee Training Requirements; Preference - (a) All employees of a facility operated pursuant to this...
§25-5-20. Reimbursement to State and Its Subdivisions - Any cost incurred by the state or its political subdivisions...
Article 6. Boot Camp
§25-6-1. Purpose of Article - The purpose of this article is to establish a program...
§25-6-2. Authorization to Establish Boot Camp Program - The commissioner of the Division of Corrections is hereby authorized...
§25-6-3. Definitions - As used in this article, unless the context clearly requires...
§25-6-4. Eligibility - (a) Appropriate inmates may participate in the boot camp program...
§25-6-5. Internal Policy Development - (a) The Division of Corrections shall promulgate operational procedures and...
§25-6-6. Reporting Requirements; Sunset Provisions; Performance Audit - (a) The commissioner shall keep sentencing courts informed of the...
§25-6-7. Construction and Applicability of Other Acts - This article shall be liberally construed to accomplish the intent...
Article 7. Correctional Industries Act of 2009
§25-7-1. Legislative Findings - The Legislature finds that the means now provided for the...
§25-7-2. Citation of Article - This article may be cited as the Correctional Industries Act...
§25-7-3. Establishment of Industries at Correctional Facilities; Purposes and Extent - The Commissioner of the Division of Corrections or the commissioner's...
§25-7-4. Correctional Industries Service Contracts - (a) The commissioner may enter into contracts with private entities...
§25-7-5. Purchase of Inmate-Made Goods by State Agencies - (a) On and after the effective date of this article,...
§25-7-6. Exceptions to Mandatory Purchase Requirement - Exceptions from the mandatory purchase provisions of section five of...
§25-7-7. Catalogues and a Website of Articles and Products Made and Produced - The commissioner shall arrange for the creation and updating of...
§25-7-8. Commissioner to Determine Prices - The commissioner or the commissioner's designee shall determine the prices...
§25-7-9. Annual Statements by the Commissioner - At the close of each fiscal year, the commissioner shall...
§25-7-10. Indebtedness for Capital Outlay Projects - To carry out the provisions of this article, the commissioner...
§25-7-11. Correctional Industries Account - (a) The Correctional Industries Account is continued in the State...
§25-7-12. Sale of Inmate-Made Goods on Open Market Prohibited; Penalty; Exceptions - (a) Subject to the provisions of subsections (e) and (f)...
§25-7-13. Establishment of Programs Authorized by the Federal Prison Industry Enhancement (Pie) Certification Program for Employment of Inmates by Private Persons; Lease of Land and Improvements - (a) The Commissioner of the Division of Corrections may establish...
§25-7-14. Agreement Between Commissioner and Private Person for Manufacturing Pursuant to Prison Industry Enhancement (Pie) Certification Program; Wages; Inmate Participation on Voluntary Basis; and Workers' Compensation - (a) The Commissioner of the Division of Corrections and a...
§25-7-15. Establishment of Programs Authorized by the Federal Prison Industry Enhancement (Pie) Certification Program for Employment of Juvenile Residents by Private Persons; Lease of Land and Improvements - (a) The Director of the Division of Juvenile Services may...
§25-7-16. Agreement Between Director and Private Person for Manufacturing Pursuant to Prison Industry Enhancement (Pie) Certification Program; Wages; Resident Participation on Voluntary Basis; Workers' Compensation and Unemployment Compensation - (a) The Director of the Division of Juvenile Services and...