West Virginia Code § 7-8-2a

Feeding and care of prisoners; purchase of food and supplies; contract for
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feeding of prisoners; records; inspection by health officer; payment of costs.
(a) On and after January 1, 1949, the county commission of each county shall provide
wholesome and sufficient food and clean and sufficient bedding for all prisoners confined in
the county jail, and shall furnish the soaps, disinfectants and other supplies needed by the
jailer in the performance of his duties. e
(b) The county commission may require the jailer to act as its agent for the purpose of
purchasing, preparing and serving food for prisoners. If, however, the jailer is not named as
such agent, he may be required to make available to the county cuommission for use in the
preparation and serving of food for prisoners, the services of prisoners, to the number
requested by the county commission. The county commissiont may employ a cook and such
other employees as may be necessary in the performance of duties required of it by this
article.
(c) The county commission may provide for the feedling of prisoners on a contract basis with
any other county, state or municipal governmsental agency which at the time of entering into
said contract is required or authorized to provide food services for other purposes.
(d) The county commission may provgide for the feeding of prisoners on a contract basis with
any private provider upon competitive bidding procedures. Solicitation of competitive bids
shall be accomplished by publication of a Class II legal advertisement in compliance with
article three, chapter fifty-nine of this code. The publication area for such legal
advertisement shall be the county in which the affected jail is situate.
(e) All purchases of food, bedding and other supplies shall whenever practicable be made at
wholesale. Invoices or itemized statements of account from each vendor of food, bedding and
other supplies shall be obtained, and payment of such statements or invoices may not be
authorized by the county commission unless and until the county commission has
ascWertained that the merchandise has been received and that the terms of the purchase have
been complied with on the part of the vendor.
(f) The county commission shall keep or cause to be kept a daily record showing the total
number of prisoners confined in the jail of the county, the number of prisoners admitted, the
number released and the time of each such admittance and of each such release. Such
record shall show such information separately as to the prisoners of the county, of each
municipality and of the United States. The county commission shall also keep or cause to be
kept such other accounts and records as will enable it to show the per capita daily cost of
the feeding and care of prisoners in each calendar month.
(g) The county commission shall require to be kept a daily record of food served prisoners
and, in all counties having a county health officer, said health officer shall, at least once a
month, inspect such lists and make such recommendations and suggestions as he may deem
proper regarding daily diets and foods regardless of how the feeding services are provided.
(h) The sheriff, the jailer or any entity contracting with the county commission to provide
food services for prisoners shall be subject to inspection and regulation by the department of
health in the same manner as any commercial food service.
(i) All actual costs incurred by the county commission for salaries, for the purchase of food,
bedding and other supplies or for services shall be paid out of the same funds as payments to
sheriffs of fees for the feeding and care of prisoners were made immediatelye prior to the
effective date of this section. In counties having thirty thousand population or less, the
sheriff, or the jailer duly appointed as provided in section two, article eright, chapter seven of
this code, shall, if so directed by the county commission, furnish each prisoner with
wholesome and sufficient food.

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