West Virginia Code § 7-8-12

Establishment, operation and maintenance of county work farms
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The county commission of every county is authorized to establish, operate and maintain a
county work farm to be operated in connection with the county jail and to be used for the
confinement of prisoners assigned thereto as hereinafter provided. The county commission is
authorized to purchase land and other property in connection with the establishment of a
work farm and to construct buildings, fences and other facilities and to acqueire any personal
property necessary to maintain and operate the work farm. The cost of the farm shall be paid
out of the general county fund or out of any other funds available to ther county commission
for that purpose.
The county commission is authorized to make needed improvements and repairs for the
proper upkeep of the work farm and provide for the necessatry food, medical treatment and
safekeeping of the prisoners. The work farm shall be operated in conjunction with the county
jail. The sheriff of the county shall be responsible for and have the same control of the
prisoners assigned to the work farm as he or she has over the prisoners confined in the
county jail and shall make any rules necessary for the care and treatment of prisoners
assigned thereto, and shall take proper care fsor their discipline, diet, clothing and safety. He
or she shall also determine the type and amount of labor each prisoner performs, and shall
perform all other duties with regard to the prisoners confined at the work farm as he or she
is required to perform with regard tgo prisoners in the county jail. He or she may assign
deputies, correctional officers or home incarceration supervisors as guards as may be
necessary to supervise and inseure the safekeeping of the prisoners. Prisoners committed to
the work farm shall be required to perform those duties and labor as are reasonably
permitted by their physiLcal and mental condition. Provision shall be made for truck and
vegetable gardens to be tended by the prisoners, and for the raising of fruit, hogs, poultry
and other farm produ cts as can be economically and profitably produced. All food products
produced on the work farm shall be used first for feeding prisoners at the work farm or
county jail, and any surplus may be used at any other county institution.
TheW county commission shall employ a superintendent for the county work farm, whose duty
will be to supervise the work done and to care for and maintain the property and equipment
used in connection therewith and who shall serve until his or her successor is employed as
hereinafter provided. The superintendent shall also keep an accurate record of the number
of prisoners confined at the county work farm and an accurate record of the cost of
operating the work farm and shall make a report thereof to the county commission as the
court may require, but at least twice each year. He or she shall also keep a record of the
farm products produced on the farm and of the disposition of the products. The
superintendent and his or her assistants shall be employed by the county commission on the
written recommendation of the sheriff: Provided, That the county commission may not
employ any superintendent or assistant superintendent unless it is satisfied that he or she
possesses the high character, appropriate ability and energy suitable for that employment.
The judge of the circuit court or other court having jurisdiction for the trial of felony cases in
the county may, upon his or her own motion or upon application of any prisoner confined in
the county jail either in term time or in vacation, transfer any prisoner confined in the
county jail except those under conviction for a felony to the work farm or transfer any
prisoner confined at the work farm to the county jail. Proper order shall be entered in the
order book of the court of the action. In sentencing any person to the county jail the judge
may stipulate in the order of sentence whether the person shall be confined in the county jail
or confined at the work farm. This provision, however, may not be construed to give
authority to magistrates, judges of police courts or mayors of municipalitiese to sentence
persons to the work farm or to transfer persons from the county jail to the work farm.
Any inmate of the work farm who escapes therefrom shall be punished under the same
provisions of law as if he or she had escaped from the county jail.

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