West Virginia Code 25-5-5 – Prohibition of constructing or operating a correctional facility; exceptions
(a) No person may operate a private prison facility or provide correctional services in this state without first obtaining the written approval of the secretary.
Terms Used In West Virginia Code 25-5-5
- 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
- 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
- Regional jail authority: means the West Virginia Regional Jail and Correctional Facility Authority created by article twenty, chapter . 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) No person may construct, modify, lease, or otherwise alter a private prison facility without first obtaining the written approval of the Regional Jail Authority.
(c) Nothing in this section shall impair the right of the state or its political subdivisions to operate a prison facility or provide correctional services.
(d) No private contractor may operate a correctional facility in this state for the confinement of maximum security inmates sentenced to a term of incarceration by a foreign court.