Current through Register Vol. XLI, No. 50, December 13, 2024
Section 94-8-5 - Financial Responsibilities5.1. The Administrator or his or her Designee of each Regional Jail shall receive, receipt and take charge of the money of all inmates, all money sent to the inmates or earned by the inmates as compensation for work performed.5.2. The money of all inmates shall be maintained as set forth in West Virginia Code § 31-20-31.5.3. For each inmate sentenced to the Division of Corrections participating in a work program authorized by this section, the Administrator or his or her Designee of the Regional Jail shall keep in an account at least ten percent of all money earned during the inmate's incarceration and pay the money to the inmate at the time of the inmate's release.5.4. The Executive Director shall direct the Administrator or his or her Designee to deduct from the inmate's income, for distribution, an amount not to exceed forty (40) percent in the aggregate for: an administrative fee of $1.00, court-ordered financial obligations including, but not limited to, court fees, victim restitution, child support obligations owed under a support order and liens. 5.4.1. The following is a general guideline for distribution:Administrative fee of $1.00;
20% Child Support Enforcement;
10% Victim Restitution;
10% Court Fees/Court-ordered deductions, etc.
5.4.2. If one item is not owed, then the allowance for that item is to be split equally between the remaining deductions. If only one deduction is owed, then the full 40% will be paid to the deduction.5.5. The remaining balance of the qualified inmate's account after deductions in Section 5.3 and 5.4 will be used to pay any WVRJA required financial obligations. This includes, but not be limited to, incarceration costs and any restitution for facility rule infractions.5.6. Incarceration fees for inmates who are assigned community service projects with governmental entities or non-profit organizations and who may be receiving minimal compensation will be 30% of their income. Incarceration fees for inmates who are employed in the private sector will be determined by a set sliding scale and the ability to pay. Such fees collected will be credited to the responsible billing jurisdiction for said inmate.5.7. All court-ordered financial obligations provided in sections 5.3, 5.4, 5.4.1, 5.4.2, 5.5, 5.6 of this rule have been paid, the Administrator or his or her Designee of a Regional Jail, upon request of an inmate to release funds on behalf of the family of the inmate, may authorize the release of funds up to one half of the money earned by the inmate participating in a work program as authorized by this rule.5.8. The remainder of the inmate's money, after deducting amounts expended as authorized, shall be accumulated to the credit of the inmate and be paid to the inmate at time of his or her release, or as soon as practicable after departure. Provided, that if an inmate is transferred to the physical custody of the Commissioner of the Division of Corrections, at the time he or she leaves the regional jail facility the Administrator or his or her Designee shall deliver moneys and earnings then credited to the inmate to the Commissioner of the Division of Corrections or designee.5.9. In case of the death of the inmate before authorized release from the Regional Jail, the Administrator or his or her Designee shall deliver the property to the inmate's lawful representative. 5.10. In case a conservator is appointed for the inmate while he or she is domiciled at the Regional Jail, the Administrator shall deliver to the conservator, upon proper demand, all monies and personal property belonging to the inmate that are in the custody of the Administrator.