West Virginia Code of State Rules Agency 94 - Regional Jail And Correction Facility Authority
1. Overview of Agency 94
Agency 94 governs the Regional Jail and Correction Facility Authority in West Virginia. This is a state agency responsible for:
Creating and managing regional jails, which are jails shared by multiple counties.
Establishing rules for inmate management, funding, furloughs, work programs, and medical services.
Ensuring that counties and municipalities comply with agreements for per-diem payments (the cost of housing inmates).
The rules under Agency 94 are authorized by the Regional Jail and Correctional Facility Authority Act and other West Virginia statutes. The Authority is legally recognized as a state agency, which matters for lawsuits and governmental immunity.
2. Structure of Agency 94
The Code is organized into series, each covering a different area:
Series 94-01 – Authority Meetings
Rules for how board meetings are held, public access, and record-keeping.
Series 94-02 – Public Hearings for Jail Construction
Procedures for public hearings before building or renovating regional jails.
Series 94-03 & 94-07 – Per Diem Cost Formulas
How the Authority sets the daily cost for housing inmates.
Counties must pay these per-diem fees to the Authority.
Series 94-04 – Site Evaluation Rules
Criteria for evaluating locations for jails or correctional facilities.
Series 94-05 – Inmate Handbook / Rules
Inmate behavior standards, disciplinary procedures, and rights.
Series 94-06 – Furlough Program
Conditions and procedures for temporarily releasing inmates (furloughs), including fees and county notifications.
Series 94-08 – Work Program
Rules for inmate work programs, distribution of earnings, and deductions for obligations (like child support or restitution).
Series 94-09 – Medical Services
Procedures for inmate medical requests, co-payments, and billing for medical services.
3. Key Provisions
A. Per Diem Payments
Counties are required to pay the Authority a daily fee for each inmate.
The fee is calculated based on facility operational costs and administrative costs.
B. Furloughs
Eligible inmates can be temporarily released for specific purposes (like family emergencies).
Inmates must follow strict rules; counties or inmates may pay certain fees.
C. Work Programs
Eligible inmates can participate in work programs.
Inmate earnings are partially paid to the inmate, with a portion deducted for debts or fines.
D. Medical Services
Inmates requesting non-emergency medical care may have a co-payment.
Nurses or medical staff referrals are generally not charged as an extra visit.
Unpaid balances are tracked and collected later.
4. Legal Status of the Authority
The Authority is a state agency.
This status gives it governmental immunity in some lawsuits and ensures its regulations carry the force of law.
Some operational powers of the Authority have been transferred to the Division of Corrections and Rehabilitation, but Agency 94 rules remain in effect until formally repealed.
5. Key Case Law Examples
A. Per Diem Enforcement
The Authority sued a county commission for failing to pay per-diem fees.
The court ruled that counties must pay the required per-diem charges.
Significance: Confirms the Authority can enforce per-diem obligations.
B. State Agency Immunity
In a wrongful death lawsuit by an inmate’s estate, courts recognized the Authority as a state agency.
Significance: The Authority has certain protections under state law, affecting claims for damages.
C. Mandamus Cases
The Authority requested a court order requiring a county to place inmates in the regional jail.
Courts affirmed the Authority’s oversight authority and its ability to enforce compliance by counties.
D. Federal Constitutional Claims
Inmates sued over conditions or denial of medical care.
Courts considered Agency 94 rules but dismissed some claims due to lack of proof.
Significance: Shows that Agency 94 rules do not prevent inmates from asserting constitutional rights, but claims must meet legal standards.
6. Practical Takeaways
Agency 94 sets operational rules for all regional jails in West Virginia.
Per-diem fees and work programs are legally enforceable.
The Authority is a state agency, so lawsuits must respect government immunity principles.
Inmate rights are protected under both the rules and constitutional law; disputes often involve interpretation of rules versus constitutional guarantees.
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