West Virginia Code 25-5-14 – Powers and duties not delegable to contractor
(a) No contract for correctional services may authorize, allow or imply a delegation of the authority or responsibility of the contracting agency to a prison contractor for any of the following:
Terms Used In West Virginia Code 25-5-14
- Contract: A legal written agreement that becomes binding when signed.
- Contracting agency: means the appropriate governmental agency with the authority to enter into a contract with a prison vendor for correctional services. See West Virginia Code 25-5-3
- Correctional services: means the following functions, services and activities, when provided within a prison or otherwise:
(1) Design and modification or construction of prison facilities. See West Virginia Code 25-5-3
- Inmate: means an individual sentenced to incarceration by a court or contracting agency. See West Virginia Code 25-5-3
(1) Developing or implementing procedures for calculating inmate release and parole eligibility dates;
(2) Developing or implementing procedures for calculating and awarding good time;
(3) Approving inmates for work release;
(4) Approving the type of work inmates may perform and the wages or good time, if any, which may be given to inmates engaging in such work;
(5) Granting, denying or revoking good time; and
(6) Recommending that the contracting state's parole authority either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business.
(b) Notwithstanding the provisions of subsection (a) of this section, the contractor may use inmates for community service upon the request and approval of the political subdivision where the prison is located.