West Virginia 2023 Regular Session

West Virginia Senate Bill SB495

Introduced
1/27/23  
Refer
1/27/23  
Engrossed
2/9/23  
Refer
2/10/23  
Refer
2/10/23  
Enrolled
3/11/23  
Passed
3/29/23  

Caption

Providing correctional institutions and juvenile facilities video and audio records be confidential

Impact

The bill's enactment significantly impacts the way correctional institutions handle sensitive records. By deeming specific video and audio recordings confidential, it aims to safeguard the welfare of individuals within these facilities, which could lead to a more secure environment. However, it also places restrictions on transparency, potentially making it more difficult for the public and legal representatives to access information regarding incidents occurring within these institutions. The greater emphasis on confidentiality is intended to prevent misuse of information that could jeopardize safety.

Summary

Senate Bill 495 amends the Code of West Virginia to enhance the confidentiality of video and audio recordings in correctional institutions and juvenile facilities. The legislation classifies certain records, including incident reports and investigation records, as confidential to protect the safety and security of inmates and staff. It provides specific conditions under which these records may be disclosed, primarily for law enforcement or legal purposes, emphasizing the need for court orders to limit access strictly to necessary proceedings.

Sentiment

The sentiment surrounding SB 495 appears to be predominantly supportive among lawmakers advocating for enhanced protections for inmate safety and institutional integrity. However, there are concerns about the potential for overreach in limiting access to critical information, especially from legal representatives seeking to advocate for the rights of violations. The balance between ensuring safety within facilities and maintaining accountability and transparency is a contentious aspect of the discussion surrounding the bill.

Contention

Notable points of contention in the discussions around SB 495 include the implications of restricting access to records for attorneys representing inmates or their families. While supporters assert that these measures are essential for maintaining order and security, opponents argue that excessive confidentiality could hinder accountability and oversight. Additionally, the necessity of court orders for disclosure may place barriers for legal proceedings, raising concerns about the rights of individuals seeking redress for alleged mistreatment or harm while in custody.

Companion Bills

No companion bills found.

Previously Filed As

WV SB441

Providing confidentiality of video and other records of correctional juvenile facilities

WV HB4347

Relating to confidentiality of video, incident reports or other records of a correctional or juvenile facility

WV AB2569

Crimes: juvenile victim confidentiality.

WV HB5609

Relating to confidentiality of child care records and the Foster Care Ombudsman

WV HB514

Provides relative to the confidentiality and expungement of juvenile records

WV HB2016

Relating to confidential childcare records

WV SB208

Juveniles; confidentiality of Department records, law-enforcement access, victim notification.

WV HB635

Juveniles; confidentiality of Department records, law-enforcement access, victim notification.

WV AB748

Peace officers: video and audio recordings: disclosure.

WV AB1119

Developmental and mental health services: information and records: confidentiality.

Similar Bills

No similar bills found.