West Virginia · statute · W. Va. Code ch. 15A · 142 active provisions
Whenever in this chapter, or in any rule or regulation authorized by it, any of the words, terms, or phrases defined in this article are used, they shall be taken and construed to have the meaning, application, and effect ascribed to them in this article, unless otherwise specified or clearly intended.
“Department” means the Department of Homeland Security.
“Secretary” means the Secretary of the Department of Homeland Security.
“Commissioner” means the Commissioner of the Division of Corrections and Rehabilitation within the Department of Military Affairs and Public Safety.
“Inmate” means an adult incarcerated person.
“Resident” means a juvenile within the custody of the Division of Corrections and Rehabilitation.
(a) Notwithstanding any provision of this code or any rule promulgated thereunder to the contrary, when the Department of Military Affairs and Public Safety or any agency within the department is placed on notice that a past or current employee has been subpoenaed or is to be called as a witness in a criminal proceedin…
(a) As used in this section: (1) "Biological evidence" means: (A) A sexual assault forensic examination kit; or (B) Semen, blood, saliva, hair, human body tissue, or other biological material containing human DNA. (2) "DNA" means deoxyribonucleic acid. (3) "Secretary" means the Secretary of Military Affairs and Public…
(a)(1) The Department of Homeland Security is established within the Executive Branch as a criminal justice agency. In addition to all other powers and duties set forth in this code, the department is designated as the principal state agency to coordinate the receipt, distribution, and monitoring of all funds available…
(a) The Division of Administrative Services is created within the department to perform the administrative services for identified agencies within the department. (b) The Division of Administrative Services shall provide fiscal services, payroll services, human resources services, and procurement services for the Divis…
(a) The secretary shall appoint a director for the Division of Administrative Services who shall serve at the will and pleasure of the secretary. The director shall have extensive knowledge in the field of public safety and the principles and practices of administration and experience in the civil service system. (b) T…
(a) All persons employed by the Division of Juvenile Services, the Regional Jail and Correctional Facility Authority, or the Division of Corrections whose employment responsibilities include those to be provided by the Division of Administrative Services are assigned and transferred to the Division of Administrative Se…
(a) The director shall: (1) Carry out the specific duties imposed on the Governor’s Committee on Crime, Delinquency, and Correction under the provisions of §15-9-1 et seq. of this code, §30-29-1 et seq. of this code, and §62-11C-1 et seq. of this code; (2) Maintain appropriate liaison with federal, state, and local age…
(a) For the purpose of assisting victims of human trafficking to obtain help and services, the following businesses and establishments shall post a notice which meets the requirements of this section: (1) All locations licensed by the Alcohol Beverage Control Commissioner that permit on-premises consumption of alcoholi…
(a) The primary purpose of the Division of Corrections and Rehabilitation is to enhance public safety by providing for the detention of juvenile offenders, both pretrial and adjudicated, pretrial detention of adult persons facing criminal charges, and incarceration and care of adult convicted offenders who have been se…
(a) The Division of Corrections and Rehabilitation is hereby established within the Department of Military Affairs and Public Safety. The executive and administrative head of the Division of Correction and Rehabilitation shall be the Commissioner appointed pursuant to §15A-3-3 of this code. (b) Effective July 1, 2018,…
(a) A commissioner of the Division of Corrections and Rehabilitation shall be appointed by the Governor, by and with the advice and consent of the Senate, as provided in §6-7-2a of this code. (b) Effective July 1, 2018, the offices of Commissioner of Division of Corrections, the Director of Juvenile Services, and the E…
(a) The commissioner, in order to carry out the purposes and intent of this chapter, shall: (1) Exercise general supervision over the administration of the institutions under the jurisdiction of the division; (2) Establish separate subdivisions, including a Bureau of Prisons and Jails, a Bureau of Juvenile Services, an…
(a) In compliance with the powers and duties of the commissioner in §15A-3-4 of this code, the commissioner shall manage, direct, control, and govern Stevens Correctional Center in McDowell County consistent with any other juvenile or adult facility since Stevens Correctional Center in McDowell County has been transfer…
(a) The commissioner, or his or her designee, has the authority to manage and administer the finances, business, operations, security, and personnel affairs of correctional units and juvenile facilities under the jurisdiction of the division. (b) The superintendent of each institution or correctional unit has the power…
Notwithstanding any provision of law to the contrary or any rule promulgated under the provisions of this code, the Division of Corrections and Rehabilitation may hire any person listed on the Correctional Officer I Register for employment as a Correctional Officer I without regard to the person’s position on the regis…
The commissioner shall, in accordance with the provisions of §29-6-1 et seq. of this code, approve the salaries of all employees of the division. Salaries shall be commensurate with their duties and responsibilities, but no meals or other emoluments of any kind shall be furnished, given, or paid to the employee as all…
The commissioner shall, from time to time, as may be necessary, make a report to the Auditor, which shall state the name of each person employed at any of the institutions named in §15A-3-12 of this code, his or her official designation and biweekly rate of compensation, and out of what funds or appropriation the same…
No officer or employee shall receive, directly or indirectly, any other compensation for his or her services than that provided by law, or by the commissioner before his or her appointment, nor shall he or she receive any compensation whatever, directly or indirectly, for any act or service which he or she may do or pe…
(a) As outlined in this section, a correctional officer employed by the division is a law-enforcement officer: Provided, That such law-enforcement officers who have successfully completed the appropriate training program for correctional officers established by the commissioner pursuant to §15A-3-4 are not subject to t…