House 4139

2026 REGULAR SESSION

Introduced

House Bill 4139

By Delegate C. Martin

[Introduced January 14, 2026; referred to the Committee on the Judiciary]

 A BILL to amend and reenact §17-5-1 of the Code of West Virginia,1931, as amended, relating to the state convict road force; making all inmates, regardless of sex, eligible to work on a state convict road force; and providing no road crew be mixed sex.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. STATE CONVICT ROAD FORCE.

§17-5-1. State convict road force; how used.

All male persons convicted of a felony and, sentenced to imprisonment or confinement in the penitentiary a correctional facility by any court, or who may hereafter be sentenced for a felony, whether actually sentenced to labor or not, or so many thereof as may be required by the state road commissioner, shall, as incident to such sentence or confinement, constitute the state convict road force and as such may be employed under the supervision of the state road commissioner in building, surfacing and maintaining roads under the supervision of the state road commissioner, including all roads in the state road system, and in and about any quarries, gravel pits, sandbanks, crushers, brick kilns, or other plants and places operated by the state road commission for the manufacture and acquisition of materials for use in the construction, maintenance and repair of such roads: Provided, That no road crew assembled under this article shall be composed of both male and female persons.

NOTE: The purpose of this bill is to permit female inmates to become members of the state convict road force.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.