West Virginia Code 25-5-4 – Authority of the commissioner of the Division of Corrections; authority of secretary of department of public safety
(a) The commissioner of the Division of Corrections shall promulgate rules, in accordance with chapter twenty-nine-a of this code, to implement the provisions of this article.
Terms Used In West Virginia Code 25-5-4
- Commissioner: means the commissioner of the Division of Corrections. 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
- 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
(b) The commissioner shall have the authority to recommend or to not recommend to the secretary that a prison vendor be granted the privilege of operating a prison facility in this state.
(c) The commissioner shall have the authority to issue notices of violations, assess penalties and proceed in the collection of money due the state by private contractors.
(d) The secretary of the department of public safety may, upon the recommendation of the commissioner, grant approval for a prison vendor to operate a private prison in this state.
(e) The commissioner shall have the authority to accept the custody of and to confine inmates from sentencing authorities located outside the State of West Virginia.
(f) The commissioner shall have the authority to expend funds contained in the private prison fund, established pursuant to subdivision (2), subsection (g), section eleven of this article, to cover any and all expenses incurred because of private prison operations within the state.