2017 West Virginia Code
CHAPTER 31. CORPORATIONS.
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY.
§31-20-5C. Additional powers and duties of the authority; juvenile detention facilities.

(a) The Regional Jail and Correctional Facility Authority shall complete a comprehensive study of all existing juvenile detention facilities in the State of West Virginia no later than October 1, 1998. During the conduct of this study, all state agencies shall provide the authority with any relevant information and materials that the authority requests. This study shall include an assessment of the physical conditions of confinement within the existing juvenile detention facilities and the relative need for facilities of that type, taking into account the broad range of alternatives that are available for juveniles who are in the custody of the Division of Juvenile Services.

(b) After completing this study, the authority shall submit a report to the Governor proposing a plan for the establishment of regional juvenile detention facilities.

(c) The authority shall consider, but is not limited to, the following when in developing the regional juvenile detention facilities plan:

(1) All federal statutes and mandates concerning the location, construction, operation, administration and staffing of juvenile detention facilities;

(2) The relative physical condition of the juvenile detention facilities located within the state;

(3) The transportation costs associated with the establishment of centralized and regional juvenile detention facilities, including, but not limited to, the costs of transporting detained juveniles to court appearances and for other necessary absences from the facility;

(4) The availability of medical services and educational and recreational opportunities;

(5) Information received from public hearings;

(6) The relative savings in cost and efficiency of providing regional juvenile detention services at facilities located adjacent to existing regional jail facilities, including moneys saved by the sharing of certain staff and services, including food services, to the extent that such sharing of resources is permitted by federal law and guidelines;

(7) Available facilities located adjacent to existing regional jails which may be used as regional juvenile detention facilities, including, but not limited to, existing county and state owned properties: Provided, That if the authority determines that an existing facility meets applicable standards, including all federal standards, or could reasonably be made to meet the standards for a regional juvenile detention facility, the authority may proceed to acquire that existing facility and compensate the owner thereof in an amount that may not exceed fair market value.