House Bill 4902 provides a 3% salary adjustment for non-uniform administrative staff in West Virginia's Division of Corrections and Rehabilitation (DCR) who have at least three years of continuous service, effective July 1, 2026. Employees with less than three years of service will receive the same 3% adjustment after completing three years, calculated based on their salary at that time. The bill directs that funding for these increases come from the DCR's general revenue appropriations and specifies that adjustments will take effect even if they exceed standard pay grade maximums. This change directly affects DCR non-uniform administrative staff by creating a separate pay structure for their roles.
SB 448 requires West Virginia's Division of Corrections and Rehabilitation to train staff to screen all incoming and currently incarcerated individuals for brain injuries by July 1, 2028. The bill mandates that screening processes be developed with input from a specific study group focused on competency and criminal responsibility. It also requires the Division of Corrections, Division of Rehabilitation Services, and Department of Veterans Assistance to create a memorandum of understanding with this study group to share confidential health records for research purposes. The law directly affects incarcerated individuals through mandatory screenings and correctional staff through required training and data-sharing protocols.
This bill requires West Virginia correctional facilities to provide free feminine hygiene products (tampons and sanitary napkins) to female inmates and juvenile detainees upon request. Specifically, facilities must supply these products at no cost within eight hours of a request, directly affecting all female prisoners in state jails, regional jails, and correctional facilities, as well as female juveniles in detention centers. The law amends existing statutes to mandate this provision, ensuring access without financial barriers for menstrual care. It does not alter existing fee structures for other medical services but explicitly exempts feminine hygiene products from inmate charges.
SB 527 creates a new process for courts to offer alternatives to formal conviction, such as community service or treatment programs, for individuals facing certain criminal charges that could result in incarceration or in juvenile abuse and neglect cases. The bill establishes a specific procedure for requesting and reviewing these "pre-adjudicatory alternative dispositions," requiring courts to follow defined steps and documentation, including attaching certified copies of underlying court orders. It adds a new section (§49-4-607a) to West Virginia law and amends related sections to integrate this process into existing legal frameworks. This change directly affects defendants in eligible cases by providing an option to resolve their matter without a formal adjudication.
HB 4095 would remove qualified immunity for West Virginia police officers who use excessive force or act negligently during no-knock warrant operations. If a court finds an officer violated equal protection laws through reckless, illegal, or excessive force causing injury or trauma, they could be held personally liable. The bill also requires courts to review both the officer's actions and their agency's training procedures; if inadequate training is identified, the police department could face liability. This directly affects officers executing no-knock warrants, their agencies, and residents subjected to such operations.
HB 4576 expands West Virginia's State Police Child Abuse and Neglect Investigations Unit from a minimum of six to 19 members, adding 18 regional investigators to directly support county Child Protective Services (CPS) offices. It allows honorably retired State Police officers to rejoin the unit under specific conditions: they must complete a recertification course (covering firearms, law, and procedures), serve as non-supervisory troopers without pension benefits or promotion eligibility, and follow the same duties as active officers. The bill also requires the unit to maintain statewide statistical data on child abuse cases (without identifying individuals) and submit annual reports to the legislature. This directly affects State Police investigators, CPS offices, and retired officers seeking reemployment.
SB 54 amends West Virginia law to establish clear criminal penalties for caregivers who abuse or neglect incapacitated adults. It directly affects caregivers (including facilities and individuals responsible for care) and incapacitated adults aged 18+ who cannot perform daily life activities due to age or disability. The bill creates tiered penalties: misdemeanors for basic neglect/abuse (fines up to $500 or 1 year jail), and felonies for severe harm (fines up to $5,000 and prison terms of 2-15 years), including removing the "malice" requirement for felony charges when death occurs. Key provisions define abuse, neglect, and "incapacitated adult," while explicitly excluding cases involving religious treatment choices or legally authorized medical decisions.
HB 4358 establishes a three-year pilot program to provide legal representation for children in juvenile abuse and neglect cases through "Public Guardian ad Litem Services" in up to three West Virginia court circuits. The bill creates nonprofit corporations (not government agencies) to employ full-time staff attorneys who represent eligible minors - children unable to afford legal counsel in cases under §49-4-101 of the West Virginia Code. Key mechanisms include requiring these corporations to use Public Defender Service attorneys when conflicts arise, mandating oversight by a Guardian ad Litem Commission, and setting strict rules for funding, recordkeeping, and annual audits. The pilot aims to test an alternative model for delivering legal services to vulnerable children in specific court systems, with no expansion beyond the three designated circuits.
This bill clarifies pretrial release rules for misdemeanor defendants in West Virginia. It requires release on personal recognizance (without bail) for most misdemeanors unless charges involve violence, harm to minors, deadly weapons, specific drug offenses, sexual abuse, serious traffic violations, or property crimes exceeding $250 in value. The bill prohibits cash-only or property-only bail, mandates that personal recognizance bonds include an unsecured monetary amount, and bars releasing felony defendants on their own recognizance at initial appearance. Judicial officers must set the least restrictive conditions necessary to ensure court appearance while protecting public safety.
HB 4714 creates a program allowing county jails and Regional Jail Authorities to involve inmates in voluntary litter cleanup on public lands like highways, roads, and parks. Inmates participating earn sentence reduction credits, with strict safety requirements including proper equipment, supervision ratios, and compliance with occupational regulations. The program is funded through the Litter Control Fund, and proceeds from recyclable materials collected during cleanups must be returned to that fund. The bill also mandates educational materials for schools about litter reduction and requires local governments to develop recycling plans for public facilities.
