COMMITTEE SUBSTITUTE
FOR
H. B. 2703
(By Delegates Givens and Ennis)
(Originating in the Committee on Finance)
[March 4, 1999]
A BILL to amend and reenact section six, article eleven-b,
chapter sixty-two of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to home
incarceration; permitting home incarceration to be ordered
by a magistrate when the offender is convicted of a crime of
violence except when the victim of the crime resides in the
same home.
Be it enacted by the Legislature of West Virginia:
That section six, article eleven-b, chapter sixty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-6. Circumstances under which home incarceration may not
be ordered.
(a) A circuit court or magistrate may not order home
incarceration for an offender unless the offender agrees to abide
by all of the requirements set forth in the court's order issued under this article.
(b) A circuit court or magistrate may not order home
incarceration for an offender who is being held under a detainer,
warrant or process issued by a court of another jurisdiction.
(c) A magistrate may order home incarceration for an
offender only with electronic monitoring and only if the county
of the offender's home has an established program of electronic
monitoring that is equipped, operated and staffed by the county
supervisor or sheriff for the purpose of supervising participants
in a home incarceration program: Provided, That electronic
monitoring may not be required in a specific case if a circuit
court upon petition thereto finds by order that electronic
monitoring is not necessary.
(d) A magistrate may not order home incarceration for an
offender convicted of a crime of violence against the person:
Provided, That the offender does not occupy the same home as the
victim of the crime.
(e) Home incarceration shall not be available as a sentence
if the language of a criminal statute expressly prohibits its
application.