West Virginia Code 15A-3-4 – Powers and duties of commissioner generally
(a) The commissioner, in order to carry out the purposes and intent of this chapter, shall:
Terms Used In West Virginia Code 15A-3-4
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Venue: The geographical location in which a case is tried.
(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, and a Bureau of Community Corrections, each to be headed by assistant commissioners, and other subdivisions as he or she deems advisable, which may be headed by one of the assistant commissioners, or by deputy directors. Nothing herein shall prohibit the commissioner from appointing the same person to head more than one subdivision;
(3) Establish rules, policies, and regulations in writing governing all subdivisions and institutions within the division;
(4) Establish an appropriate training program for personnel of the division;
(5) Classify the institutions of the division, varying according to the factors as security features, program, age, and sex of inmates, physical stature or size, character of inmates;
(6) Establish a system of classification of inmates and residents, through a reception and examination procedure;
(7) Cooperate with the Department of Education in providing for the education of inmates and residents in all institutions within the division, as provided in § 18-2-13f of this code and any other provision of this code;
(8) Supervise the treatment, custody, and discipline of all inmates and residents and the maintenance of the institutions and their industries;
(9) Establish a system of compensation for inmates and residents of the institutions of the state who perform good and satisfactory work either within the industrial program or in the servicing and maintenance of the institutions or any other institutions or camps within the state. The commissioner, or his or her designee, may establish a graduated scale of compensation to be paid to inmates and residents in accordance with their skill in industry; and
(10) Subject to the provisions in § 25-1A-5 of this code, provide for the transportation of inmates between the jails and local holding facilities for court appearances.
(b) The commissioner, in order to carry out the purposes and intent of this chapter, may:
(1) Appoint a deputy commissioner to assist in the day to day operations of the division;
(2) Employ professional and support staff, including, but not limited to, certified public accountants, attorneys, assistants, and other employees as necessary for the efficient operation of the division;
(3) Acquire, own, hold, and dispose of property, real and personal, tangible and intangible;
(4) Lease property, whether as a lessee or lessor;
(5) Conduct examinations and investigations and hear testimony and take proof, under oath or affirmation;
(6) Issue subpoenas requiring the attendance of witnesses and the production of books and papers relevant to any hearing before the commissioner, or his or her designee, to conduct any hearing;
(7) Apply to the circuit court having venue of the offense to have punished for contempt any witness who refuses to obey a subpoena, refuses to be sworn or affirmed, or refuses to testify, or who commits any contempt after being summoned to appear;
(8) Sue and be sued, implead and be impleaded, and complain and defend in any court;
(9) Propose rules for legislative approval for the management and regulation of the affairs of the division pursuant to the provisions of § 29A-3-1 et seq. of this code;
(10) Make policies for the management and regulation of the affairs of the divisions;
(11) Make contracts of every kind and nature and to execute all instruments necessary or convenient for carrying on its business, including contracts with any other governmental agency of this state or of the federal government or with any person, individual, partnership, or corporation to affect any or all of the purposes of this chapter;
(12) Accept gifts or grants of property, funds, security interests, money, materials, labor, supplies, or services from the United States of America or from any governmental unit or any person, firm, or corporation, acceptance or disposition of gifts or grants; and
(13) Designate a facility as a rehabilitation facility; a rehabilitation facility may utilize recommendations on programming from West Virginia higher education institutions and share statistical data with the same institutions for study on the effectiveness of services provided by the institution.