Current through Register Vol. XLI, No. 25, June 21, 2024
Section 94-4-2 - Application and Enforcement2.1. Application and Enforcement. These legislative rules and regulations shall apply to the West Virginia Regional Jail and Correctional Facility Authority, its board, and person, individual or corporation desiring to establish or operate a private prison facility in West Virginia and any and all persons desiring to participate in a public hearing conducted concerning the establishment or operation of a private prison facility in West Virginia. The enforcement of these regulations shall be vested with the Chairman of the West Virginia Regional Jail and Correctional Facility Authority and its Executive Director.2.2. Application by individual, partnership, corporation, unincorporated association or other nongovernmental entity for public hearing. Any individual, partnership, corporation, unincorporated association or other nongovernmental entity, who has applied to the Secretary of Public Safety for approval to operate a private prison facility as a private prison vendor, as defined in W. Va. Code '25-5-4, may petition the Authority for a public hearing on the selection of a site for a private prison facility. The Authority may, if satisfied that the holding of a public hearing is in the best interests of the State, schedule such public hearing. The Authority shall give credence to the following factors in reaching its decision on the question of holding a public hearing and may consider such other factors as may be deemed relevant to the specific petition: 2.2.1. The prior experience of the petitioner in the field of corrections;2.2.2. The financial stability of the petitioner;2.2.3. The status of contracts or contract negotiations with contracting agencies, whether foreign or domestic, for the housing of inmates in the proposed private prison facility; and,2.2.4. The demonstrated viability of the proposed private prison facility.