H. B. 3194
(By Delegates Lane, Overington, Ellem,
Sobonya and Schadler)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §7-8-14 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §61-11-26; and to amend and reenact
§62-1-8 of said code, all relating to determining defendants'
ability to pay costs of incarceration be done at time of
sentencing; requiring arresting agency to pay cost of pretrial
incarceration; and releasing persons charged with nonviolent
and nondrug related crimes subject to electronic monitoring.
Be it enacted by the Legislature of West Virginia:
That §7-8-14 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §61-11-26; and that §62-1-8 of
said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 8. JAIL AND JAILER.
§7-8-14. Reimbursement for costs of incarceration.
(a) Notwithstanding any provision to the code to the contrary
and in addition to any fine, cost assessment or fee authorized or required to be imposed upon a person by virtue of his or her
conviction of a criminal provision of this code, or a lawfully
enacted ordinance of a political subdivision of this state, a
person so convicted and incarcerated in a regional jail by virtue
of said conviction
may shall be assessed the costs of up to thirty
days of his or her incarceration,
if the sentencing court, pursuant
to this section, determines he or she has the ability to pay.
(b) Prior to
any person being required to pay the cost of his
or her incarceration pursuant to the provisions of subsection (a)
of this section, or at the time of sentencing, a hearing shall be
held before the sentencing court to determine
his or her whether
the person convicted has the ability to pay. The court may not
sentence a defendant to pay his or her costs of incarceration
unless he or she is or in the foreseeable future will be able to
pay them. In determining the amount and method of payment of
costs, the court shall take account of the financial resources of
the defendant and the nature of the burden that payment of costs
will impose.
(c) A defendant who has been sentenced to pay costs and who is
not in willful default in the payment of the costs may at any time
petition the sentencing court for remission of the payment of costs
or of any unpaid portion of the costs. If it appears to the
satisfaction of the court that payment of the amount due will
impose manifest hardship on the defendant or the defendant's family
or dependents, the court may excuse payment of all or part of the
amount due in costs, or modify the method of payment.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-26. Arresting agency to pay cost of pretrial incarceration.
Notwithstanding any provision of this code to the contrary,
the police department or agency that affects the arrest of any
person, shall be required to pay for the pretrial costs of
incarceration of the person so arrested. The arresting agency may
seek reimbursement of the payment of the costs from the person who
was arrested and incarcerated upon a showing the arrest was a
reasonable exercise of police powers and the person is later
finally adjudicated guilty of the alleged offense for which he or
she was arrested.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 1. PRELIMINARY PROCEDURE.
§62-1-8. Preliminary examination.
(a) If the offense is to be presented for indictment, the
preliminary examination shall be conducted by a justice of the
county in which the offense was committed within a reasonable time
after the defendant is arrested, unless the defendant waives
examination. The defendant shall not be called upon to plead.
Witnesses shall be examined and evidence introduced for the state
under the rules of evidence prevailing in criminal trials
generally. The defendant or his attorney may cross-examine
witnesses against him and may introduce evidence in his own behalf.
On motion of either the state or the defendant, witnesses shall be
separated and not permitted in the hearing room except when called to testify. If the defendant waives preliminary examination or if,
after hearing, it appears from the evidence that there is probable
cause to believe that an offense has been committed and that the
defendant has committed it, the justice shall forthwith hold him to
answer in the court having jurisdiction to try criminal cases. If
the evidence does not establish probable cause, the defendant shall
be discharged. After concluding the proceeding the justice shall
transmit forthwith to the clerk of the court to which the defendant
is held to answer all papers in the proceeding and any bail taken
by him.
(b) For complaints not involving acts of violence or drug
related offenses, the magistrate shall release the defendant
subject to "GPS" or electronic monitoring pursuant to section
fourteen, article one, chapter twenty-five of this code.
NOTE: The purpose of this bill is to determine defendants'
ability to pay costs of incarceration be done at time of
sentencing; require arresting agency to pay cost of pretrial
incarceration; and releasing persons charged with nonviolent and
nondrug related crimes subject to electronic monitoring rather than
incarceration pending trial.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
Email
Webmaster | © 2024 West Virginia Legislature **
