25-5-1 Short title
25-5-2 Legislative findings and purpose
25-5-3 Definitions
25-5-4 Authority of the commissioner of the Division of Corrections; authority of secretary of department of public safety
25-5-5 Prohibition of constructing or operating a correctional facility; exceptions
25-5-6 Authority of the state and its political subdivisions to contract for correctional services
25-5-7 Granting private contractor ability to contract with foreign contracting agencies
25-5-8 Reporting requirements
25-5-9 Terms of contract
25-5-10 Site selection
25-5-11 Standards of operation; violations
25-5-12 Access by contracting agency, commissioner; reimbursement of expenses; report by commissioner
25-5-13 Sovereign immunity
25-5-14 Powers and duties not delegable to contractor
25-5-15 Bonding requirements
25-5-16 Insurance
25-5-17 Liability; indemnification
25-5-18 Firearms; capture of escapees; nonresident private correctional officers
25-5-19 Employee training requirements; preference
25-5-20 Reimbursement to state and its subdivisions
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Terms Used In West Virginia Code > Chapter 25 > Article 5 - Private Prisons

  • 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
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • in writing: includes any representation of words, letters, or figures, whether by printing, engraving, writing, or otherwise. See West Virginia Code 2-2-10
  • Inmate: means an individual sentenced to incarceration by a court or contracting agency. See West Virginia Code 25-5-3
  • 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
  • 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
  • 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