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West VirginiaHB 45522026 Regular SessionHouse

Relating to the law-enforcement powers of correctional officers

Sponsored By: Eric Brooks (Republican)

Signed by Governor

§15A-3-10

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Some staff may commute in state cars

The Commissioner may let designated employees use state vehicles to drive to and from work. The Commissioner must supervise this use. The travel must be directly tied to the worker’s official duties and needs.

Special Operations Team is first responder

The law keeps the Corrections Special Operations Team in place as the Division’s first responder. The Team includes the Emergency Response Team, K9 unit, and Crisis Negotiations Team. It has limited law‑enforcement authority at jails, correctional centers, and juvenile centers, including arresting escapees and absconders on facility grounds. When acting off facility grounds to catch escapees or absconders, the Team must work with local police or the West Virginia State Police.

Correctional officers gain law-enforcement powers

The law treats Division correctional officers as law‑enforcement officers after they finish the Commissioner’s training. Officers can arrest people who surrender to them, arrest for crimes they see in custody, and detain or arrest for state‑law violations on facility property. They can also investigate, pursue, and catch escapees. The Commissioner may designate some staff as correctional peace officers who can investigate crimes in facilities, serve process, and get and execute search warrants. All Division employees must help enforce rules and laws needed to run facilities and protect public safety.

Firearm carry rules for officers

The Commissioner can certify trained correctional staff to carry firearms while on duty, including travel to and from worksites. Certified staff must pass an annual firearms qualification equal to certified law‑enforcement officers. Officers with arrest power and firearms authorization qualify under the federal LEOSA for active officers, and honorably separated officers may qualify under LEOSA for retirees if they meet federal rules. Concealed carry for self‑defense requires three things: a written policy from the Commissioner, yearly standards at least equal to sheriff’s deputies, and a photo ID/certification card. The policy must allow removing people from the program, block anyone barred by law from having guns, and ban carrying while impaired. Officers in the program must buy and maintain their own firearm and ammunition at their own expense. These privileges are within the Commissioner’s discretion, and state §30-29-12 applies to officers recognized under this section.

Sponsors & Cosponsors

Sponsor

  • Eric Brooks

    Republican • House

Cosponsors

  • David Green

    Republican • House

  • Michael Hornby

    Republican • House

  • John Paul Hott

    Republican • House

  • Carl Martin

    Republican • House

  • David Elliott Pritt

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 222 • No: 0

House vote • 3/14/2026

House concurred in Senate amendment and passed bill (Roll No. 691)

Yes: 96 • No: 0

Senate vote • 3/12/2026

Passed Senate (Roll No. 484)

Yes: 34 • No: 0

House vote • 2/6/2026

Passed House (Roll No. 55)

Yes: 92 • No: 0

Actions Timeline

  1. Approved by Governor 4/1/2026

    4/1/2026House

  2. To Governor 3/25/2026

    3/25/2026House

  3. House received Senate message

    3/14/2026House

  4. House concurred in Senate amendment and passed bill (Roll No. 691)

    3/14/2026House

  5. Communicated to Senate

    3/14/2026House

  6. Completed legislative action

    3/14/2026House

  7. House Message received

    3/14/2026Senate

  8. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  9. Approved by Governor 4/1/2026 - Senate Journal

    3/14/2026Senate

  10. Approved by Governor 4/1/2026 - House Journal

    3/14/2026House

  11. On 3rd reading

    3/12/2026Senate

  12. Read 3rd time

    3/12/2026Senate

  13. Passed Senate (Roll No. 484)

    3/12/2026Senate

  14. Senate requests House to concur

    3/12/2026Senate

  15. On 2nd reading

    3/11/2026Senate

  16. Read 2nd time

    3/11/2026Senate

  17. Committee amendment adopted (Voice vote)

    3/11/2026Senate

  18. Reported do pass, with amendment

    3/10/2026Senate

  19. Immediate consideration

    3/10/2026Senate

  20. Read 1st time

    3/10/2026Senate

  21. Introduced in Senate

    2/9/2026Senate

  22. To Judiciary

    2/9/2026Senate

  23. To Judiciary

    2/9/2026Senate

  24. On 3rd reading, Special Calendar

    2/6/2026House

  25. Read 3rd time

    2/6/2026House

Bill Text

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