Chapter 15A, Chapter 15A

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 specifi…

“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 cal…

(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 S…

(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, distributio…

(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…

(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 exper…

(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 transfer…

(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 li…

(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 pe…

(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 ad…

(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 p…

(a) The commissioner shall prescribe the design, or designs, of uniforms used by employees of the division, which shall be dissimilar to the design of the uniform worn by the members of the State Police or the established statewide uniform of a sheriff or deputy sheriffs. A munic…

(a) The commissioner shall manage, direct, control, and govern the prisons, jails, or correctional institutions of this state, and the juvenile facilities of this state, including, but not limited to: Mount Olive Correctional Complex and Jail; Huttonsville Correctional Center and…

The title to all property constituting or belonging to the several institutions named in §15A-3-12 of this code is vested in the state. The commissioner is custodian of all deeds and other muniments of title and shall cause such as are susceptible of recordation to be recorded in…

(a) The provisions established in §5A-3-1 et seq. of this code do not apply to the division or any institution under the control of the division. (b) When the cost under any contract or agreement entered into by the division, other than compensation for personal services, involve…

(a) There is hereby created a special revenue fund in the State Treasury known as the Division of Corrections and Rehabilitation Surplus Property Fund. Moneys from this fund shall be used for facility maintenance and repair. (b) The commissioner is hereby authorized to dispose of…

(a) The commissioner may enter into agreements to provide for the rendering of mutual aid with the political subdivisions of this state, other states, and the federal government to provide for the common defense, protect the public peace, health, and safety and to preserve the li…

(a) Any special revenue funds previously administered by the Regional Jail and Correctional Facility Authority or its executive director are continued and shall be administered by the commissioner. (b) Funds that have been transferred by §15A-3-16(a) of this code shall be limited…

(a) There is continued in the State Treasury the Jail Operations Partial Reimbursement Fund. (b) Revenues deposited into this fund shall be composed of fees collected by magistrate courts pursuant to §50-3-2(a) of this code, and by circuit courts pursuant to §59-1-11 of this code…

(a) The commissioner is authorized to propose rules for legislative authorization pursuant to §29A-3-1 et seq. of this code or develop policies for the proper execution of his or her duties and powers; adopt rules or policies for the government of the institutions named or referr…

(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…

(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 …

(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 …

(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 Cen…

(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 instit…

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 rega…

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…

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 …

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…

(a) Except as otherwise provided herein, the provisions of this article relate to adult inmates housed in jails, prisons, and correctional facilities, and do not apply to juvenile residents housed in juvenile centers. (b) Where reference in this article is made to the “division”,…

(a) The purpose of this article is to establish an expanded required work release pilot program in no more than five locations in this state. (b) The Legislature finds that the primary reasons for requiring participation in a work release program are to increase public protection…

(a) The commissioner shall establish an inmate, or resident, benefit fund for each of the institutions under his or her jurisdiction. The inmate, or resident, benefit fund is a fund held by the institutions for the benefit and welfare of inmates incarcerated, or juveniles placed …

(a) The Legislature finds that: (1) There is an urgent need for vigorous enforcement of child support, restitution, and other court-ordered obligations; (2) The duty of inmates to provide for the needs of dependent children, including their necessary food, clothing, shelter, educ…

The division, or its contracted medical providers, may not pay an amount to an outside provider of a medical service for an adult inmate residing in a jail or correctional facility greater than the reimbursement rate applicable to service providers established in the Medicaid pla…

(a) The commissioner is authorized to assess inmates serving a sentence in any state jail, penal, or correctional facility reasonable charges for health care and treatment services provided to them by the state. The charges assessed against an inmate may be deducted directly from…

(a) For purposes of this section: (1) "Medical procedure" means health care services or products, surgery, in-patient or out-patient treatment, or the prescribing or dispensing of drugs or biologicals for the purpose of treating an illness, injury, disease, condition, or the symp…

The commissioner shall file and preserve the record of the indictment and conviction, in the case of an adult, or the charges and adjudication, in the case of a juvenile, of each inmate or resident, and keep a register describing him or her, the term of his or her confinement, fo…

(a) The commissioner is hereby authorized and empowered to establish and operate a plant in his or her institution for the manufacture of road signs and markers of any description for state roads and of license plates. (b) The Commissioner of Motor Vehicles shall secure all licen…

No officer or employee of the state, or contractor, or employee of a contractor shall make any gift or present to an inmate or resident, or receive any from an inmate or resident, or have any barter or dealings with a convict, except as allowed and permitted by the commissioner. …

(a) All adult inmates placed in the custody of the Commissioner of the Division of Corrections and Rehabilitation pursuant to a term of court-ordered incarceration for a misdemeanor or felony, except those committed pursuant to §25-4-1 et seq. and §62-12-26 of this code, shall be…

The commissioner may develop a mandatory supervised release plan for an inmate serving a sentence for a felony offense not referenced in §15A-4-17(k) of this code who has not been granted discretionary parole 180 days prior to the inmate’s minimum expiration of sentence, which ma…

If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor may, on behalf of the state and subject to the terms of the treaty and with the …

(a) No person who is, or was considered to be, mentally ill, intellectually disabled, or addicted shall be denied parole or a parole hearing based upon the past or present condition. In the event a convicted person is deemed to be an appropriate candidate for parole, but for a co…

(a) The commissioner may establish a furlough program for inmates committed to his or her custody for a felony offense. The program may provide that selected inmates be permitted to reside outside an institution operated by the division pursuant to legislative rules promulgated p…

As used in this article, unless the context clearly requires a different meaning, the term: (1) “Commissioner” means the commissioner of the Division of Corrections and Rehabilitation; (2) “Division” means the Division of Corrections and Rehabilitation; (3) “Offender” means a per…