West Virginia Code 25-5-3 – Definitions
As used in this article, unless the context clearly requires a different meaning, the term:
Terms Used In West Virginia Code 25-5-3
- Commissioner: means the commissioner of the Division of Corrections. See West Virginia Code 25-5-3
- 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
- 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.
- 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
- Division: means the Division of Corrections of the department of public safety of West Virginia. See West Virginia Code 25-5-3
- facility: means any minimum or medium or maximum adult correctional institution operated under the authority of the division or of a political subdivision of this state, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means. See West Virginia Code 25-5-3
- 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
- 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.
- prison vendor: means any individual, partnership, corporation, unincorporated association or any other nongovernmental entity which is licensed to do business in the State of West Virginia and which has or will enter into a contractual agreement with a contracting agency to provide correctional services. See West Virginia Code 25-5-3
- Secretary: means the secretary of the department of public safety. See West Virginia Code 25-5-3
- State: means the State of West Virginia. See West Virginia Code 25-5-3
(a) "Commissioner" means the commissioner of the Division of Corrections.
(b) "Contracting agency" means the appropriate governmental agency with the authority to enter into a contract with a prison vendor for correctional services. A contracting agency shall include, but not be limited to, the State of West Virginia and its political subdivisions, the federal government, any federal agency, one or more of the remaining United States, or a political subdivision of one or more of the remaining United States.
(c) "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;
(2) Education, training and jobs programs;
(3) Development and implementation of systems for the classification of inmates and management information systems or other information systems or services;
(4) Food services, commissary, medical services, transportation, sanitation or other ancillary services;
(5) Counseling, special treatment programs or other programs for special needs;
(6) Recreational, religious or other activities; and
(7) Operation of correctional facilities, including management, custody of inmates, and providing security.
(d) "Division" means the Division of Corrections of the department of public safety of West Virginia.
(e) "Foreign" in the context of a foreign state or other unit of government means any state or political subdivision or the District of Columbia or the federal government or a federal agency other than the State of West Virginia and its political subdivisions.
(f) "Inmate" means an individual sentenced to incarceration by a court or contracting agency.
(g) "Prison contractor" or "contractor" or "prison vendor" means any individual, partnership, corporation, unincorporated association or any other nongovernmental entity which is licensed to do business in the State of West Virginia and which has or will enter into a contractual agreement with a contracting agency to provide correctional services.
(h) "Prison" or "prison facility" or "facility" means any minimum or medium or maximum adult correctional institution operated under the authority of the division or of a political subdivision of this state, whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means.
(i) "Private correctional officer" means any full-time or part-time employee of a prison vendor whose primary responsibility is the supervision, protection, care and control of inmates within a private correctional facility.
(j) "Regional jail authority" means the West Virginia Regional Jail and Correctional Facility Authority created by article twenty, chapter thirty-one of this code.
(k) "Secretary" means the secretary of the department of public safety.
(l) "State" means the State of West Virginia.