West Virginia 2024 Regular Session

West Virginia House Bill HB5359

Introduced
1/30/24  

Caption

Relating to recognizing the law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation.

Impact

If passed, HB 5359 would have significant implications for state laws regarding the authority of correctional officers. The bill will clarify and expand their powers to arrest individuals for law violations that occur on prison property, pursue escapees, and manage investigations within correctional facilities. This change is expected to create a more robust security enforcement mechanism, improving the overall management and safety of state correctional institutions. It also outlines the conditions under which correctional officers may carry firearms while carrying out their official duties, which reflects an increase in the level of authority and responsibility afforded to these employees.

Summary

House Bill 5359 seeks to redefine the law enforcement powers of correctional officers within the West Virginia Division of Corrections and Rehabilitation. This bill would exempt specific correctional officers from certain certification requirements traditionally imposed on law enforcement personnel. It allows the commissioner of the Division to consult with the Law Enforcement Professional Standards Subcommittee to design applicable training programs, which aim to uphold the effectiveness and safety of correctional facilities. By clarifying arrest powers and responsibilities, the bill aims to enhance the operational capabilities of correctional officers, thus supporting law enforcement objectives within state correctional units.

Sentiment

The sentiment surrounding the bill appears to be supportive among proponents of enhanced security measures within correctional facilities. Advocates argue that granting more authority to correctional officers will help maintain order and enhance public safety in prisons. However, caution may arise from discussions about potential overreach of authority and the implications this could have on inmate rights and the standards governing correctional facilities. The debate likely includes concerns over the balance between effective law enforcement and maintaining humane treatment of individuals in custody.

Contention

Notable points of contention include the bill's exemption of correctional officers from specific certification requirements, raising discussions about accountability and training standards. Opponents may express skepticism about increasing law enforcement powers within the correctional environment without corresponding measures to ensure proper oversight. There could also be apprehension regarding the implications of granting correctional officers arrest powers similar to those of traditional law enforcement, which might necessitate discussions on the management of potential abuse of these powers and ensuring rigorous training to uphold standards of conduct.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2895

Granting a cost of living stipend to correctional officers employed by the Division of Corrections and Rehabilitation

WV SB425

Granting cost-of-living stipend to correctional officers employed by Division of Corrections and Rehabilitation

WV HB3363

Law Enforcement Officers Safety Act

WV HB2250

Adding Division of Corrections and Rehabilitation employees who work at institutions managed by the Commissioner to the Survivor Benefits Act

WV SB141

Adding Division of Corrections and Rehabilitation employees working at certain institutions to WV Emergency Responders Survivor Benefits Act

WV HB2473

To permit the limited use of juvenile records in grievance proceedings regarding employees of the Division of Corrections and Rehabilitation when such records prove relevant.

WV SB758

Supplementing and amending appropriation to DHS, Division of Corrections and Rehabilitations, Correctional Units

WV SB1039

Making supplementary appropriation to Division of Corrections and Rehabilitation, Regional Jail and Correctional Facility Authority

WV SB1005

Supplementing and amending appropriations from General Revenue to Division of Corrections and Rehabilitation, Correctional Units and Bureau of Juvenile Services

WV SB1011

Updating authority and duties of Commissioner of Corrections and Rehabilitation

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