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West Virginia Legislature· HB 4552Signed

Relating to the law-enforcement powers of correctional officers, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE

         2026 REGULAR SESSION

                   ENROLLED

            Committee Substitute
                         for

           House Bill 4552

         BY DELEGATES BROOKS, MARTIN, HORNBY, PRITT,
                             GREEN, AND HOTT

         [Passed March 14, 2026; in effect 90 days from
                        passage (June 12, 2026)]
    Enr CS for HB 4552

1 AN ACT to amend §15A-3-10 of the Code of West Virginia, 1931, as amended, relating to the

2   law-enforcement powers of correctional officers; clarifying that certain employees of the

3   Division of Corrections and Rehabilitation are law-enforcement officers; clarifying the

4   powers and duties of the commissioner; clarifying the authority of correctional peace

5   officers; and clarifying that certain correctional officers shall receive identification to carry

6   weapons off duty.

    Be it enacted by the Legislature of West Virginia:

    ARTICLE 3. DIVISION OF CORRECTIONS AND REHABILITATION.

    §15A-3-10. Law-enforcement powers of employees; authority to carry firearms.

1   (a) As outlined in this section, a correctional officer employed by the division is a law-

2 enforcement officer: Provided, That such law-enforcement officers who have successfully

3 completed the appropriate training program for correctional officers established by the

4 commissioner pursuant to §15A-3-4 are not subject to the certification requirements set forth in

5 §30-29-1 et seq.: Provided, however, That the commissioner may consult with the Law

6 Enforcement Professional Standards Subcommittee of the Governor's Committee on Crime,

7 Delinquency, and Correction when designing his or her law-enforcement officer training course

8 specifically for correctional officers: Provided further, That nothing in this section shall be

9 construed as superseding the requirements set forth in §30-29-5 of this code for a person to be

10 employed as a law-enforcement officer by any West Virginia law-enforcement agency or by any

11 state institution of higher education or by a hospital or by the Public Service Commission of West

12 Virginia.

13  (b) The commissioner is a law-enforcement official and may use, and allow or disallow his

14 or her designated employees to use, publicly provided vehicle to travel to and from their

15 workplace: Provided, That the usage is subject to the supervision of the commissioner and is

16 directly connected with and required by the nature and in the performance of the official’s or

17 designated employee’s duties and responsibilities.

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18  (c) All employees of the division are responsible for enforcing rules and laws necessary

19 for the control and management of correctional units and the maintenance of public safety that is

20 within the scope of responsibilities of the division.

21  (d) Persons employed by the Division of Corrections and Rehabilitation as correctional

22 officers may make arrests of persons already charged with a violation of law who surrender

23 themselves to the correctional officer, to arrest persons already in the custody of the division for

24 violations of law occurring in the officer’s presence, to detain or arrest persons for violations of

25 state law committed on the property of any facility under the jurisdiction of the commissioner, and

26 to conduct investigations, pursue, and apprehend escapees from the custody of a facility of the

27 division.

28  (e) The commissioner may designate correctional employees as correctional peace

29 officers who may:

30  (1) Detain persons for violations of state law committed on the property of any state

31 correctional institution;

32  (2) Conduct investigations regarding criminal activity occurring within a correctional facility;

33  (3) Execute criminal process or other process in furtherance of these duties; and

34  (4) Apply for, obtain, and execute search warrants necessary for the completion of his or

35 her duties and responsibilities.

36  (f) The Corrections Special Operations Team is continued and consists of the Corrections

37 Emergency Response Team, the K9 unit, and the Crisis Negotiations Team created under the

38 former Division of Corrections. The Corrections Special Operations Team serves as the first

39 responder necessary for the protection of life, liberty, and property. It has limited law-enforcement

40 authority regarding matters occurring at jails, correctional centers, and juvenile centers, and arrest

41 powers to apprehend escapees, absconders, and in all matters arising on the grounds of a facility

42 under the care and control of the commissioner: Provided, That at any time the Corrections

43 Special Operations Team is apprehending an escapee or an absconder outside the confinement

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44 of the facility grounds, it does so with the assistance and cooperation of local law enforcement or

45 the West Virginia State Police.

46  (g) Notwithstanding any provision of this code to the contrary, the commissioner may issue

47 a certificate authorizing any correctional employee who has successfully completed the division’s

48 training program for firearms certification to carry a firearm in the performance of his or her official

49 duties. The training program shall be approved by the commissioner and be equivalent to the

50 training requirements applicable to deputy sheriffs for the use and handling of firearms. Any

51 correctional employee authorized to do so by the commissioner may carry division-issued

52 firearms while in the performance of his or her official duties, which shall include travel to and

53 from work sites. To maintain certification, a correctional employee must successfully complete an

54 annual firearms qualification course equivalent to that required of certified law-enforcement

55 officers as established by the law enforcement professional standards program. The certificate

56 shall be on a form prescribed by the commissioner and shall bear his or her official signature.

57  (h) In recognition of the duties of their employment supervising the confinement and

58 transportation of inmates, and their arrest powers referenced in this section which constitute law

59 enforcement, correctional officers with the power to arrest and who have been authorized to carry

60 firearms by the Commissioner are determined to be qualified law-enforcement officers as that

61 term is used in 18 U.S.C. § 926B. When a qualified law-enforcement officer within the meaning

62 of this subsection retires from, or otherwise honorably ceases employment with the division, such

63 correctional officer is determined to be a qualified retired law-enforcement officer within the

64 meaning of 18 U.S.C. § 926C: Provided, That such officer maintains the requirements of and

65 status as an honorably separated or qualified retired law-enforcement officer within the meaning

66 of 18 U.S.C. § 926C.

67  (i) Any state designated correctional officer may carry a concealed firearm for self-defense

68 purposes pursuant to the provisions of 18 U.S.C. § 926B, if the following criteria are met:

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69        (1) The Commissioner of Corrections has a written policy authorizing correctional officers

70 to carry a concealed firearm for self-defense purposes;

71        (2) There is in place a requirement that the designated correctional officers annually

72 qualify in the use of a firearm with standards for qualification which are equal to, or exceed, those

73 required of sheriff's deputies by the Law-Enforcement Professional Standards Program;

74        (3) The Commissioner issues a photographic identification and certification card which

75 identify the designated correctional officers as qualified law-enforcement employees pursuant to

76 the provisions of this subsection.

77        (j) Any policy instituted pursuant to this section shall include provisions which:

78        (1) Preclude or remove a person from participation in the concealed firearm program;

79        (2) Preclude from participation persons prohibited by federal or state law from possessing

80 or receiving a firearm and;

81        (3) Prohibit persons from carrying a firearm pursuant to the provisions of this subsection

82 while in an impaired state as defined in §17C-5-2 of this code.

83        (k) Any designated correctional officer who participates in a program authorized by the

84 provisions of this subsection is responsible, at his or her expense, for obtaining and maintaining

85 a suitable firearm and ammunition.

86        (l) It is the intent of the Legislature in enacting the amendments to this section during the

87 2024 regular session of the Legislature to authorize designated correctional officers wishing to do

88 so to meet the requirements of the federal Law-Enforcement Officer's Safety Act, 18 U.S.C. §

89 926B.

90        (m) The privileges authorized by the amendments to this section enacted during the 2024

91 regular session of the Legislature are wholly within the discretion of the Commissioner.

92        (n) The provisions of §30-29-12 of this code shall apply to all correctional officers

93 recognized in subsection (h) of this section.

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              The Clerk of the House of Delegates and the Clerk of the Senate hereby

         certify that the foregoing bill is correctly enrolled.
         ...............................................................

              Clerk of the House of Delegates
                           ...............................................................
                                        Clerk of the Senate

         Originated in the House of Delegates.
         In effect 90 days from passage.

                                       ...............................................................
                                          Speaker of the House of Delegates
                                                           ...............................................................
                                                                     President of the Senate
                                                        __________

              The within is ................................................ this the...........................................
         Day of ..........................................................................................................., 2026.

                                                                   .............................................................
                                                                                         Governor

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