HB 5299 adds $84,600 to the medical expenses fund for correctional facilities under West Virginia's Department of Homeland Security (specifically the Division of Corrections and Rehabilitation). This supplemental appropriation uses unspent money from the state's General Revenue fund surplus, as identified in the Governor's 2026 budget. The funds are designated solely for inmate medical care during fiscal year 2026 (ending June 30, 2026) and do not create new programs or alter existing laws. This is a routine budget adjustment reallocating existing unappropriated funds.
HB 5674, titled "Prohibiting civil rights violations based on disability, gender identity or sexual orientation," makes it a felony to commit violence or intimidation against someone because of their disability, gender identity, or sexual orientation. It establishes criminal penalties of up to $5,000 fines or 10 years in prison for such bias-motivated acts, while requiring judges to consider alternative sentencing like community corrections. The bill explicitly excludes protected speech or labor union activities from being used as evidence in prosecutions, and prohibits using constitutionally protected associations as grounds for conviction unless directly tied to the crime. This law directly affects individuals targeted by bias-based violence, those committing such acts, and the criminal justice system through revised sentencing guidelines.
SB 848 is a supplemental appropriation bill that allocates $84,600 from an unappropriated surplus balance in the State Fund, General Revenue, to cover inmate medical expenses for the Division of Corrections and Rehabilitation under the Department of Homeland Security during fiscal year 2026. This funding specifically targets Correctional Units within the Division and uses existing surplus funds identified in the Governor’s budget document. The bill does not create new programs or alter policies but directs available resources to address medical costs for inmates. It is a routine budget adjustment, not a policy change, to ensure necessary healthcare funding for correctional facilities.
HB 5484 creates a new felony crime in West Virginia for conspiring to deny medical care to victims of sexual exploitation, assault, incest, or abuse. It directly affects individuals who work together (conspire) to block victims from accessing licensed medical treatment for injuries or conditions caused by these crimes. The bill establishes penalties of 5-10 years in prison, a $50,000 fine, or both for violations. This law specifically targets efforts to prevent victims from receiving necessary medical care following sexual offenses, without altering existing abortion laws.
HB 5094 bans private ownership and operation of prisons in West Virginia, effective July 1, 2026. The bill prohibits private companies from running correctional facilities, removing existing approval requirements for private prison operations that would otherwise apply. It explicitly allows state-run facilities and specifies that foreign court inmates sentenced abroad cannot be held in private prisons. This directly affects private prison companies operating in West Virginia and changes the state's correctional system by eliminating private contracting for prison management.
SB 1016, the "Second Look Sentencing Act," allows West Virginia judges to reconsider prison sentences of 10+ years for individuals who committed offenses before age 25 and have served at least 10 years. The bill requires courts to evaluate factors like rehabilitation efforts, maturity, victim input, and the defendant's age at the time of the crime before reducing a sentence. If approved, sentences may be reduced to time served or modified with up to five years of supervised release, while ensuring defendants have a right to a hearing with appointed counsel. The law specifically targets young offenders whose circumstances may have changed significantly after a decade in prison, aiming to balance public safety with opportunities for reintegration.
HB 5156, the Second Look Sentencing Act, allows West Virginia judges to reconsider prison sentences exceeding 10 years for individuals who have served at least a decade. To qualify, a person must demonstrate they are not a danger, pose no credible risk of reoffending, show readiness for reentry, and meet the interests of justice. The court must consider factors like rehabilitation progress, age at offense and petition, victim input, and completion of correctional programs before modifying the sentence, with a presumption of release for applicants aged 50 or older. Any sentence modification requires up to five years of supervised release post-release, and denied applicants may reapply under specific time limits.
HB 4429 creates a pilot program for a "work/incarceration prison" in West Virginia, targeting non-violent offenders sentenced to two years or less who have not been convicted of sex-related offenses. Eligible offenders can work at the facility and earn a 20% reduction in their sentence for good conduct, but serious rule violations result in transfer to a standard facility with an additional year added to their sentence. The bill allows only one county to establish the pilot (with a $500,000 suggested initial appropriation), requires the program to be self-sustaining through offender work, and mandates an annual evaluation by the Division of Corrections to assess effectiveness and potential expansion. The program does not apply to violent offenders or those with longer sentences.
Senate Bill 601 authorizes medical parole for West Virginia inmates with terminal illnesses, medical incapacity, or geriatric conditions (defined as age 55+ with chronic health issues requiring daily assistance). It creates a formal process where inmates or their representatives can submit a petition including a detailed medical parole plan outlining diagnosis, treatment, care location, and financial coverage. Correctional superintendents must review petitions within 72 hours of a terminal illness diagnosis and develop a plan if missing, with the commissioner making the final decision. This policy directly affects eligible incarcerated individuals meeting the defined medical criteria, offering a structured pathway for release based on health needs rather than traditional parole.
SB 179 amends West Virginia law to explicitly include federal correctional facilities in the list of places where delivering prohibited items to inmates is illegal. It creates new criminal penalties for attempting to smuggle contraband like weapons, drugs, alcohol, escape tools, or telecommunications devices into these facilities without authorization. The bill directly affects individuals who attempt to deliver such items to inmates in federal prisons located within West Virginia, with penalties ranging from fines ($100-$5,000) to up to 10 years in prison depending on the item and intent. Key provisions specify that unauthorized deliveries of contraband, transport of prohibited items onto facility grounds, or supplying unauthorized items to inmates all constitute offenses under this law.
