WeVote
Log In

Bill

Bill

HB 2362

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

2025 Regular Session Introduced by David Kelly

House Bill 2362 empowers West Virginia correctional officers with law-enforcement authority, allowing arrests and firearm use, enhancing safety in correctional facilities.

To Government Organization
#corrections
0
WeVote Research Nonpartisan
Bill Summary · HB 2362

Summary of House Bill 2362

Bill Number: HB 2362
Title: Relating to recognizing the law-enforcement powers of correctional officers employed by the Division of Corrections and Rehabilitation
Status: To Government Organization
Introduced: February 13, 2025
Subject: Corrections

Purpose and Intent

House Bill 2362 aims to formally recognize the law-enforcement powers of correctional officers employed by the West Virginia Division of Corrections and Rehabilitation. The bill seeks to clarify the authority of these officers, particularly regarding their ability to make arrests and carry firearms, while also addressing training and certification requirements.

Key Provisions

  1. Law-Enforcement Status:

    • Correctional officers who complete the designated training program will not be subject to certain certification requirements typically required of law-enforcement officers.

  2. Training Consultation:

    • The commissioner of the Division of Corrections may consult with the Law Enforcement Professional Standards Subcommittee to design training programs specifically for correctional officers.

  3. Arrest Powers:

    • Correctional officers are authorized to:
      • Make arrests of individuals who surrender to them.
      • Arrest individuals already in custody for violations occurring in their presence.
      • Detain individuals for violations of state law on facility property.
      • Conduct investigations and apprehend escapees.

  4. Designation of Correctional Peace Officers:

    • The commissioner may designate certain correctional employees as "correctional peace officers," granting them additional powers, including:
      • Detaining individuals for state law violations on correctional property.
      • Conducting investigations of criminal activity within facilities.
      • Executing criminal processes and obtaining search warrants.

  5. Firearm Authority:

    • The commissioner can issue certificates allowing correctional employees who complete firearms training to carry firearms during their official duties, including travel to and from work.
    • Annual firearms qualification is required to maintain certification.

  6. Concealed Carry for Self-Defense:

    • Designated correctional officers may carry concealed firearms for self-defense, provided they meet specific criteria, including annual qualification and issuance of identification by the commissioner.

  7. Policy Provisions:

    • Policies must be established to exclude individuals prohibited from firearm possession and to ensure that officers are not impaired while carrying firearms.

Impact

  • Who is Affected:

    • The bill primarily affects correctional officers and employees of the Division of Corrections and Rehabilitation, enhancing their authority and responsibilities in law enforcement.

  • Public Safety:

    • By clarifying the powers and responsibilities of correctional officers, the bill aims to improve safety within correctional facilities and enhance the overall management of public safety.

Procedural Timeline

  • February 13, 2025: Bill introduced and referred to the House Judiciary Committee.
  • February 27, 2025: Bill passed the committee with a "Do Pass" recommendation.
  • March 4, 2025: Bill passed the House on the third reading and was communicated to the Senate.
  • March 5, 2025: Bill introduced in the Senate and referred to the Government Organization Committee.

This summary provides an overview of House Bill 2362, detailing its purpose, key provisions, and potential impacts on correctional officers and public safety in West Virginia.

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

Sign in to ask a question.