HB2938 H JUD AM #2
The Committee on Judiciary moved to amend the bill on page 1, section 11a, line 1, by striking out everything after the enacting clause and inserting in lieu thereof the following:
“§17-15-4. Work by prisoners; relief of sheriffs and others from liability for injuries, etc.
(a) Any person convicted of a criminal offense and sentenced to confinement in a county
or regional jail shall, as incident to such sentence of confinement, may be required to perform labor within the jail, as a trustee or otherwise, or in and upon the buildings, grounds, institutions, roads, bridges, streams or other public works of the county or the area within which the regional jail is located if he or she meets the following criteria:
(1) Such person is at least eighteen years of age;
(2) Such person is physically and mentally sound and has not been exempted for medical reasons from such work by a licensed physician or other medical professional; and
(3) Such person is considered by
the county commission,
the sheriff or the executive director of the West Virginia Regional Jail
Authority or designee not to pose a threat to the community if released for
(b) The work described in subsection (a) of this section
shall be performed under the supervision, care and custody of
commission, the executive director of the West Virginia Regional Jail
Authority or designee, the sheriff, his or her deputies, correctional officers
or other persons charged with inmate supervision to perform maintenance or
control litter in this state.
(c) In order to effectuate the provisions of this section,
the county commission, the sheriff or the executive director of the West
Virginia Regional Jail and Correctional Facility Authority or designee shall
promulgate rules for the safe and useful employment of inmate labor.
(d) Notwithstanding any provision of this code to the
the county commission, its members and agents, the executive
director of the West Virginia Regional Jail Authority or designee its members
or agents, the sheriff, his or her deputies, correctional officers and agents
shall be immune from liability of any kind for accidents, injuries or death to
such inmate except for accident, injury or death resulting directly from gross
negligence or malfeasance.
(e) The sheriff of the county in which the work is to be
performed, with the approval of
the county commission or the executive
director of the West Virginia Regional Jail Authority or designee, may hire or
appoint any personnel necessary for the supervision of inmate labor.
(f) Nothing in this section shall be construed to allow the use of inmate labor for private projects or as contract employees of for profit businesses.
(g) Any inmate who performs work pursuant to the provisions
of this section shall receive, as sole and full compensation therefor,
reduction in his or her term of incarceration of not more than twenty-five
percent of the original sentence excluding any other statutorily granted
"good time." Each eight-hour period of approved work shall entitle an
inmate to one day's sentence reduction: one day’s sentence reduction
from his or her term of incarceration for each eight hour period of approved
work: Provided, That any "good time" earned pursuant to
the provisions of this section shall be in addition to any other reduction of
sentence the inmate may accumulate.
(h) Any person being held as a detainee or for contempt may voluntarily participate in such labor as provided for in this section under the terms and conditions hereinbefore set forth.”