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West VirginiaHB 44152026 Regular SessionHouseWALLET

Creating crime of attempting to smuggle contraband into federal correctional institutions within the state

Sponsored By: David Green (Republican)

Signed by Governor

§61-5-8

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Felony bans on contraband in jails and prisons

Beginning June 12, 2026, bringing or delivering contraband to West Virginia jails, juvenile centers, or federal prisons is a felony. Banned items include alcohol, poison, implements of escape, dangerous materials, weapons, phones or other telecom devices (like tablets and computers), and illegal drugs. Transporting these onto the grounds, giving them to a detainee, or an inmate possessing them can all be charged. Penalties are a $1,000 to $5,000 fine, 2 to 10 years in state prison, or both.

Tougher penalties for aiding inmate escapes

Beginning June 12, 2026, it is a felony to give anything to someone in custody to help an escape or attempted escape, or to forcibly rescue them. That crime carries 3 to 15 years in state prison. It is also a felony to persuade or try to persuade a detainee to escape or to aid insubordination against staff. That crime carries a $1,000 to $5,000 fine, 2 to 10 years in prison, or both. These rules cover jails, juvenile facilities, and federal prisons in West Virginia.

Misdemeanor penalties for unapproved inmate items and sales

Beginning June 12, 2026, giving money, goods, food, clothing, medicine, tools, or written items to someone in custody without the officer’s okay is a misdemeanor. Buying or taking items made at or owned by a facility from an inmate is also a misdemeanor, unless the facility approves the sale. Inmates who keep listed items like alcohol, money, food, or tools without permission can be charged. Penalties include a $50 to $500 fine and jail time (3 to 12 months for most; up to 12 months for inmate possession). Lawyers may still give clients written materials for legal representation.

Sponsors & Cosponsors

Sponsor

  • David Green

    Republican • House

Cosponsors

  • Eric Brooks

    Republican • House

  • Ryan Browning

    Republican • House

  • Jim Butler

    Republican • House

  • Joe Funkhouser

    Republican • House

  • Roger Hanshaw

    Republican • House

  • John Paul Hott

    Republican • House

  • Dean Jeffries

    Republican • House

  • Keith Marple

    Republican • House

  • Jonathan Pinson

    Republican • House

  • Ward

    Affiliation unavailable

Roll Call Votes

All Roll Calls

Yes: 222 • No: 0

House vote • 3/14/2026

House concurred in Senate amendment and title amendment and passed bill (Roll No. 631)

Yes: 97 • No: 0

Senate vote • 3/11/2026

Passed Senate with amended title (Roll No. 462)

Yes: 34 • No: 0

House vote • 1/30/2026

Passed House (Roll No. 33)

Yes: 91 • No: 0

Bill Text

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