Plain English Breakdown
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HB5049 • 2026
Provide wardens with ability to use inmates to perform work in the upkeep local cemeteries
Provide wardens with ability to use inmates to perform work in the upkeep local cemeteries
Passed Legislature
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Bill History
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2026-02-02
H
To House Judiciary
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2026-02-02
H
Introduced in House
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2026-02-02
H
To Judiciary
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2026-02-02
H
Filed for introduction
Official Summary Text
Provide wardens with ability to use inmates to perform work in the upkeep local cemeteries
Current Bill Text
Read the full stored bill text
HB 5049 Text skip navigation SENATE PRESIDENT SENATORS COMMITTEES VIDEO/AUDIO DISTRICT MAPS SENATE CLERK SENATE RULES HOUSE SPEAKER DELEGATES COMMITTEES VIDEO/AUDIO DISTRICT MAPS HOUSE CLERK HOUSE RULES HOUSE STAFF JOINT INTERIM COMMITTEES LEGISLATIVE ADMINISTRATOR LEGISLATIVE SERVICES DIVISION PUBLIC INFORMATION LEGISLATIVE AUTOMATED SYSTEMS DIVISION LEGISLATIVE AUDITOR'S OFFICE PERFORMANCE EVALUATION & RESEARCH DIVISION POST AUDIT DIVISION BUDGET DIVISION REGULATORY AND FISCAL AFFAIRS DIVISION CLAIMS COMMISSION CRIME VICTIMS RULE-MAKING REVIEW SPECIAL INVESTIGATIONS JUDICIAL COMP. COMMISSION JOINT RULES STAFF INFO BILL STATUS BILL STATUS BILL TRACKING STATE LAW WEST VIRGINIA CODE ACTS OF THE LEGISLATURE CODE OF 1931 WV CONSTITUTION US CONSTITUTION REPORTS AGENCY REPORTS AGENCY GRANT AWARDS PERFORMANCE EVALUATIONS POST AUDITS EDUCATIONAL CITIZEN’S GUIDE INTERNSHIP PROGRAM PAGE PROGRAM PUBLICATIONS PHOTO GALLERY CAPITOL HISTORY HOW A BILL BECOMES LAW CONTACT SENATE ROSTER HOUSE ROSTER PUBLIC INFO. NEWS RELEASES HELPFUL LINKS Introduced Version House Bill 5049 History | Email Key: Green = existing Code. Red = new code to be enacted WEST VIRGINIA LEGISLATURE FISCAL NOTE 2026 REGULAR SESSION FISCAL NOTE Introduced House Bill 5049 By Delegate Toney [Introduced February 02, 2026; referred to the Committee on the Judiciary] A BILL to amend and reenact §15A-4-20 of the Code of West Virginia, 1931, relating to allowing inmates to perform the community service of providing upkeep to cemeteries. Be it enacted by the Legislature of West Virginia: ARTICLE 4. CORRECTIONS MANAGEMENT. §15A-4-20. Work program. (a) The commissioner is authorized to establish at each institution a work program for qualified inmates. The commissioner shall establish guidelines and qualifications to allow inmates sentenced to a regional jail facility to be gainfully employed with local businesses and governmental entities as part of a job program. A qualified inmate does not include an inmate convicted of a sexual offense or a violent felony. (b) An inmate who works in work programs established under this section may be required to make reimbursement to the division toward the cost of his or her incarceration to be credited to the agency billed for that incarceration, pursuant to the conditions set forth in §15A-4-19 of this code. (c) The commissioner may require qualified inmates to provide for the upkeep of cemeteries in the political subdivision where the regional jail facility is located. If the cemetery is located on public property, the commissioner shall have the request and approval of the political subdivision. If the cemetery is located on private property, the commissioner shall obtain express consent of the landowner prior to entry to perform such work. The landowner is immune from liability if a loss or claim results from an inmate's performance of work related to the upkeep of a cemetery in accordance with this section. (c) (d) Notwithstanding any provision of this code to the contrary, the county commission, its members and agents, the Division of Corrections and Rehabilitation or designee, its employees, agents, or assigns, the Regional Jail and Correctional Facility Authority Board, its members, agents, or assigns, the sheriff, and his or her deputies, shall be immune from all liability of any kind except for accident, injury, or death resulting directly from gross negligence or malfeasance. NOTE: The purpose of this bill is to authorize use of inmates to perform work in the upkeep of local cemeteries. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added. Bill Status | Bill Tracking | Legacy WV Code | Bulletin Board | District Maps | Senate Roster | House Roster | Live | Blog | Jobs | Links | Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information. | Terms of Use | Webmaster | © 2026 West Virginia Legislature ** Print On Demand Name: Email: Phone: