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HB 5094

Prohibiting the private ownership or operation of a prison

2026 Regular Session Introduced by Hollis Lewis and 1 co-sponsor

West Virginia bill bans private prison ownership/operation, mandating state takeover of all private correctional facilities to eliminate profit-driven incentives in criminal justice.

To House Judiciary
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Bill Summary · HB 5094

Legislative bill overview

HB 5094 would prohibit private companies from owning or operating prisons in West Virginia, effectively ending private prison contracts in the state. The bill appears to mandate the transition of any privately-operated facilities to state control and operation.

Why is this important

West Virginia currently has private prison facilities operating within its borders. This bill addresses ongoing national debate about whether profit incentives in corrections create perverse incentives regarding incarceration rates, recidivism, and inmate treatment. The decision affects criminal justice policy, state budget allocation, employment in the corrections sector, and incarceration conditions for thousands of inmates.

Potential points of contention

  • Transition costs and logistics: Converting private facilities to state operation requires significant upfront capital investment, staff retraining, and operational restructuring, raising budget concerns during implementation
  • Employment impacts: Private prison staff could face job losses or transitions to state employment with potentially different wages, benefits, and working conditions
  • Contractual obligations: Existing private prison contracts may include termination penalties or lengthy notice periods that create financial and legal complications for rapid implementation
  • Operational efficiency debates: Supporters cite reduced profit-driven incarceration pressures; opponents argue private operators provide cost savings and operational efficiency that states cannot replicate
  • Capacity management: The state must ensure it has adequate infrastructure and resources to assume full operational responsibility for all currently private-housed inmates

Compiled from official sources — confirm details with the bill’s official record.

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