COMMITTEE SUBSTITUTE
FOR
H. B. 2468
(By Delegates Manuel, Michael, Pino and Leach
)
(Originating in the Committee on Finance)
[March 3, 1999]
A BILL to amend article eight, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
thirteen; and to amend article one, chapter twenty-five of
said code by adding thereto a new section, designated
section fifteen-a, all relating to imposing a processing fee
upon persons confined in county or regional jails and
correctional facilities.
Be it enacted by the Legislature of West Virginia:
That article eight, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen; and that article one, chapter twenty-five of said code
be amended by adding thereto a new section, designated section
fifteen-a, all
to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 8. JAIL AND JAILER.
§7-8-13. Jail processing fee.
(a) A person confined in a regional or county jail by order
of magistrate or circuit judge, or when confined upon arrest,
shall at the time of confinement pay a processing fee of twenty
dollars. If the person is unable to pay at the time of
confinement, the fee shall be deducted from the person's jail
trust account at a rate of fifty percent of any new deposits made
into the person's jail trust account until the jail processing
fee is paid. The fee shall be credited to the regional jail's or
county jail's facilities operating budget.
(b) Any person who pays the fee described in the subsection
(a) of this section and is released as a result of the acquittal
of the person on, or the dismissal of, all
charges for which the
person was confined shall be entitled to a refund of any fee paid
when confined for such charges.
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-15a. Correctional facility processing fee.
(a) A person confined in a correctional facility by order of
a circuit judge, or by a correctional officer or parole officer
upon arrest, shall at the time of confinement pay a processing
fee of twenty dollars. If the person is unable to pay at the
time of confinement, the fee shall be deducted from the person's
correctional facility trust account at a rate of fifty percent of
any new deposits made into the person's trust account until the
correctional facility processing fee is paid. The fee shall be credited to the correctional facility's operating budget.