H. B. 4764
(By Delegates Hunt, Givens, Hines, Linch, Coleman, Smirl and
Wills )
(Originating in the House Committee on the Judiciary)
[February 25, 2000]
A BILL to amend and reenact section two, article five, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
three-a, article two, chapter fifty of said code; to amend
and reenact section one-a, article eleven-a, chapter sixty-
two of said code; to amend and reenact section six, article
eleven-b of said chapter; and to further amend said chapter
by adding thereto a new article, designated article eleven-
c, all relating to community corrections; allowing
imposition of community corrections program participation
for convictions of driving under the influence; allowing
magistrate courts to impose participation in a community
corrections program; allowing magistrates to impose home
incarceration through a community corrections program;
providing for the creation of community corrections
programs; and requiring a fee of persons on probation to fund community corrections programs.
Be it enacted by the Legislature of West Virginia:
That section two, article five, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; that section three-a, article
two, chapter fifty of said code be amended and reenacted; that
section one-a, article eleven-a, chapter sixty-two of said code
be amended and reenacted; that section six, article eleven-b of
said chapter be amended and reenacted; and that said chapter be
further amended by adding thereto a new article, designated
article eleven-c, all to read as follows:
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
ARTICLE 5. SERIOUS TRAFFIC OFFENSES.
§17C-5-2. Driving under influence of alcohol, controlled
substances or drugs; penalties.
(a) Any person who:
(1) Drives a vehicle in this state while he or she:
(A) He is Is under the influence of alcohol; or
(B) He is Is under the influence of any controlled
substance; or
(C) He is Is under the influence of any other drug; or
(D) He is Is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has Has an alcohol concentration in his or her blood
of ten hundredths of one percent or more, by weight; and
(2) When so driving does any act forbidden by law or fails
to perform any duty imposed by law in the driving of such
vehicle, which act or failure proximately causes the death of any
person within one year next following such act or failure; and
(3) Commits such act or failure in reckless disregard of the
safety of others, and when the influence of alcohol, controlled
substances or drugs is shown to be a contributing cause to such
death, shall be guilty of a felony and, upon conviction thereof,
shall be imprisoned in the penitentiary for not less than one nor
more than ten years and shall be fined not less than one thousand
dollars nor more than three thousand dollars.
(b) Any person who:
(1) Drives a vehicle in this state while he or she:
(A) He is Is under the influence of alcohol; or
(B) He is Is under the influence of any controlled
substance; or
(C) He is Is under the influence of any other drug; or
(D) He is Is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has Has an alcohol concentration in his or her blood
of ten hundredths of one percent or more, by weight; and
(2) When so driving does any act forbidden by law or fails
to perform any duty imposed by law in the driving of such
vehicle, which act or failure proximately causes the death of any
person within one year next following such act or failure, is
guilty of a misdemeanor and, upon conviction thereof, shall be
confined in jail for not less than ninety days nor more than one
year and shall be fined not less than five hundred dollars nor
more than one thousand dollars.
(c) Any person who:
(1) Drives a vehicle in this state while he or she:
(A) He is Is under the influence of alcohol; or
(B) He is Is under the influence of any controlled
substance; or
(C) He is Is under the influence of any other drug; or
(D) He is Is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has Has an alcohol concentration in his or her blood
of ten hundredths of one percent or more, by weight; and
(2) When so driving does any act forbidden by law or fails
to perform any duty imposed by law in the driving of such
vehicle, which act or failure proximately causes bodily injury to
any person other than himself, is guilty of a misdemeanor and,
upon conviction thereof, shall be confined in jail for not less than one day nor more than one year, which jail term shall
include actual confinement of not less than twenty-four hours,
and shall be fined not less than two hundred dollars nor more
than one thousand dollars.
(d) Any person who:
(1) Drives a vehicle in this state while he or she:
(A) He is Is under the influence of alcohol; or
(B) He is Is under the influence of any controlled
substance; or
(C) He is Is under the influence of any other drug; or
(D) He is Is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has Has an alcohol concentration in his or her blood
of ten hundredths of one percent or more, by weight;
(2) Is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in jail for not less than one day nor more than
six months, which jail term shall include actual confinement of
not less than twenty-four hours, and shall be fined not less than
one hundred dollars nor more than five hundred dollars.
(e) Any person who, being an habitual user of narcotic drugs
or amphetamine or any derivative thereof, drives a vehicle in
this state, is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in jail for not less than one day nor more than six months, which jail term shall include actual
confinement of not less than twenty-four hours, and shall be
fined not less than one hundred dollars nor more than five
hundred dollars.
(f) Any person who:
(1) Knowingly permits his or her vehicle to be driven in
this state by any other person who is:
(A) Under the influence of alcohol; or
(B) Under the influence of any controlled substance; or
(C) Under the influence of any other drug; or
(D) Under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) Has an alcohol concentration in his or her blood of ten
hundredths of one percent or more, by weight;
(2) Is guilty of a misdemeanor and, upon conviction thereof,
shall be confined in jail for not more than six months and shall
be fined not less than one hundred dollars nor more than five
hundred dollars.
(g) Any person who:
Knowingly permits his or her vehicle to be driven in this
state by any other person who is an habitual user of narcotic
drugs or amphetamine or any derivative thereof, is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail for not more than six months and shall be fined not less
than one hundred dollars nor more than five hundred dollars.
(h) Any person under the age of twenty-one years who drives
a vehicle in this state while he or she has an alcohol
concentration in his or her blood of two hundredths of one
percent or more, by weight, but less than ten hundredths of one
percent, by weight, shall, for a first offense under this
subsection, be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than twenty-five dollars nor
more than one hundred dollars. For a second or subsequent
offense under this subsection, such person is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in
jail for twenty-four hours, and shall be fined not less than one
hundred dollars nor more than five hundred dollars. A person who
is charged with a first offense under the provisions of this
subsection may move for a continuance of the proceedings from
time to time to allow the person to participate in the vehicle
alcohol test and lock program as provided for in section three-a,
article five-a of this chapter. Upon successful completion of
the program, the court shall dismiss the charge against the
person and expunge the person's record as it relates to the
alleged offense. In the event the person fails to successfully
complete the program, the court shall proceed to an adjudication of the alleged offense. A motion for a continuance under this
subsection shall not be construed as an admission or be used as
evidence.
A person arrested and charged with an offense under the
provisions of subsection (a), (b), (c), (d), (e), (f), (g) or (i)
of this section may not also be charged with an offense under
this subsection arising out of the same transaction or
occurrence.
(i) Any person who:
(1) Drives a vehicle in this state while he or she:
(A) He is Is under the influence of alcohol; or
(B) He is Is under the influence of any controlled
substance; or
(C) He is Is under the influence of any other drug; or
(D) He is Is under the combined influence of alcohol and any
controlled substance or any other drug; or
(E) He has Has an alcohol concentration in his or her blood
of ten hundredths of one percent or more, by weight; and
(2) The person when so driving has on or within the motor
vehicle one or more other persons who are unemancipated minors
who have not reached their sixteenth birthday, shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be confined in
jail for not less than two days nor more than twelve months, which jail term shall include actual confinement of not less
than forty-eight hours, and shall be fined not less than two
hundred dollars nor more than one thousand dollars.
(j) A person violating any provision of subsection (b), (c),
(d), (e), (f), (g) or (i) of this section shall, for the second
offense under this section, be guilty of a misdemeanor, and, upon
conviction thereof, shall be confined in jail for a period of not
less than six months nor more than one year, and the court may,
in its discretion, impose a fine of not less than one thousand
dollars nor more than three thousand dollars.
(k) A person violating any provision of subsection (b), (c),
(d), (e), (f), (g) or (i) of this section shall, for the third or
any subsequent offense under this section, be guilty of a felony,
and, upon conviction thereof, shall be imprisoned in the
penitentiary for not less than one nor more than three years, and
the court may, in its discretion, impose a fine of not less than
three thousand dollars nor more than five thousand dollars.
(l) For purposes of subsections (j) and (k) of this section
relating to second, third and subsequent offenses, the following
types of convictions shall be regarded as convictions under this
section:
(1) Any conviction under the provisions of subsection (a),
(b), (c), (d), (e) or (f) of the prior enactment of this section for an offense which occurred on or after the first day of
September, one thousand nine hundred eighty-one, and prior to the
effective date of this section;
(2) Any conviction under the provisions of subsection (a) or
(b) of the prior enactment of this section for an offense which
occurred within a period of five years immediately preceding the
first day of September, one thousand nine hundred eighty-one; and
(3) Any conviction under a municipal ordinance of this state
or any other state or a statute of the United States or of any
other state of an offense which has the same elements as an
offense described in subsection (a), (b), (c), (d), (e), (f) or
(g) of this section, which offense occurred after the tenth day
of June, one thousand nine hundred eighty-three.
(m) A person may be charged in a warrant or indictment or
information for a second or subsequent offense under this section
if the person has been previously arrested for or charged with a
violation of this section which is alleged to have occurred
within the applicable time periods for prior offenses,
notwithstanding the fact that there has not been a final
adjudication of the charges for the alleged previous offense. In
such case, the warrant or indictment or information must set
forth the date, location and particulars of the previous offense
or offenses. No person may be convicted of a second or subsequent offense under this section unless the conviction for
the previous offense has become final.
(n) The fact that any person charged with a violation of
subsection (a), (b), (c), (d) or (e) of this section, or any
person permitted to drive as described under subsection (f) or
(g) of this section, is or has been legally entitled to use
alcohol, a controlled substance or a drug shall not constitute a
defense against any charge of violating subsection (a), (b), (c),
(d), (e), (f) or (g) of this section.
(o) For purposes of this section, the term "controlled
substance" shall have the meaning ascribed to it in chapter
sixty-a of this code.
(p) The sentences provided herein upon conviction for a
violation of this article are mandatory and shall not be subject
to suspension or probation: Provided, That the court may apply
the provisions of article eleven-a, chapter sixty-two of this
code to a person sentenced or committed to a term of one year or
less. An order for home detention by the court pursuant to the
provisions of article eleven-b, chapter sixty-two of this code
may be used as an alternative sentence to any period of
incarceration required by this section.
An order for supervision
or participation in a community corrections program created
pursuant to article eleven-c, chapter sixty-two of this code may be used as an alternative sentence to any period of incarceration
required by this section.
CHAPTER 50. MAGISTRATE COURTS.
ARTICLE 2. JURISDICTION AND AUTHORITY.
§50-2-3a. Sentencing; probation.
(a) In addition to sentencing authority granted elsewhere in
other provisions of this code to magistrate courts, magistrate
courts have authority to suspend sentences and impose periods of
unsupervised probation for a period not to exceed two years,
except for offenses for which the penalty includes mandatory
incarceration and offenses defined in sections eight and nine,
article eight-b, chapter sixty-one of this code and subsection
(c), section five, article eight-d of said chapter.
(b) Notwithstanding any other provision of law to the
contrary, magistrate courts have the authority to impose periods
of supervision or participation in a community corrections
program created pursuant to article eleven-c, chapter sixty-two
of this code. Periods of supervision or participation in
community corrections programs imposed pursuant to this
subsection are not to exceed two years.
(b) (c) Release on probation shall be upon is subject to the
following conditions:
(1) That the probationer shall not, during the term of his or her probation, violate any criminal law of this state, any
other state of the United States or the United States;
(2) That he or she shall not, during the term of his or her
probation, leave the state without the consent of the court which
placed him or her on probation;
(3) That he or she shall comply with the rules or terms
prescribed by the court;
(4) That he or she shall make reasonable restitution if
financially able to do so, in whole or in any part, immediately
or within the period of probation; and
(5) That he or she shall pay any fine and the costs assessed
as the court may direct.
(c) (d) On motion by the prosecuting attorney, and upon a
hearing and a finding that reasonable cause exists to believe
that a violation of any condition of probation has occurred, the
magistrate may revoke probation and order execution of the
sentence originally imposed.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 11A. RELEASE FOR WORK OR OTHER PURPOSES.
§62-11A-1a. Other sentencing alternatives.
(a) Any person who has been convicted in a circuit court or
in a magistrate court under any criminal provision of this code
of a misdemeanor or felony, which is punishable by imposition of a fine or confinement in the county or regional jail or the state
penitentiary a state correctional facility, or both fine and
confinement, may, in the discretion of the sentencing judge or
magistrate, as an alternative to the sentence imposed by statute
for the crime, be sentenced under one of the following programs:
(1) The weekend jail program under which persons would be
required to spend weekends or other days normally off from work
in jail;
(2) The work program under which sentenced persons would be
required to spend the first two or more days of their sentence in
jail and then, in the discretion of the court, would be assigned
to a county agency to perform labor within the jail, or in and
upon the buildings, grounds, institutions, bridges, roads,
including orphaned roads used by the general public and public
works within the county. Eight hours of labor shall be credited
as one day of the sentence imposed. Persons sentenced under this
program may be required to provide their own transportation to
and from the work site, lunch and work clothes; or
(3) The community service program under which persons
sentenced would spend no time in jail but would be sentenced to
a number of hours or days of community service work with
government entities or charitable or nonprofit entities approved
by the circuit court. Regarding any portion of the sentence designated as confinement, eight hours of community service work
shall be credited as one day of the sentence imposed. Regarding
any portion of the sentence designated as a fine, the fine shall
be credited at an hourly rate equal to the prevailing federal
minimum wage at the time the sentence was imposed. In the
discretion of the court, the sentence credits may run
concurrently or consecutively. Persons sentenced under this
program may be required to provide their own transportation to
and from the work site, lunch and work clothes.
(b) In no event may the duration of the alternate sentence
exceed the maximum period of incarceration otherwise allowed.
(c) In imposing a sentence under the provisions of this
section, the court shall first make the following findings of
fact and incorporate them into the court's sentencing order:
(1) The person sentenced was not convicted of an offense for
which a mandatory period of confinement is imposed by statute;
(2) In circuit court cases, that the person sentenced is not
a habitual criminal within the meaning of sections eighteen and
nineteen, article eleven, chapter sixty-one of this code;
(3) In circuit court cases, that the offense underlying the
sentence is not a felony offense for which violence or the threat
of violence to the person is an element of the offense;
(4) In circuit court cases, that adequate facilities for the administration and supervision of alternative sentencing programs
are available through the court's probation officers or the
county sheriff or, in magistrate court cases, that adequate
facilities for the administration and supervision of alternative
sentencing programs are available through the county sheriff; and
(5) That an alternative sentence under provisions of this
article will best serve the interests of justice.
(d) Persons sentenced by the circuit court under the
provisions of this article shall remain under the administrative
custody and supervision of the court's probation officers or the
county sheriff. Persons sentenced by a magistrate shall remain
under the administrative custody and supervision of the county
sheriff.
(e) Persons sentenced under the provisions of this section
may be required to pay the costs of their incarceration,
including meal costs, at the discretion of the court.
(f) Persons sentenced under the provisions of this section
remain under the jurisdiction of the court. The court may
withdraw any alternative sentence at any time by order entered
with or without notice and require that the remainder of the
sentence be served in the county jail, regional jail or
penitentiary a state correctional facility: Provided, That no
alternative sentence directed by the sentencing judge or magistrate or administered under the supervision of the sheriff,
his or her deputies, a jailer or a guard, shall require the
convicted person to perform duties which would be considered
detrimental to the convicted person's health as attested by a
physician.
(g) No provision of this section may be construed to limit
a circuit judge or magistrate's ability to impose a period of
supervision or participation in a community corrections program
created pursuant to article eleven-c, chapter sixty-two of this
code and providing a community service restitution program.
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 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.
(f) Notwithstanding the provisions of subsection (c) of this
section, a magistrate may order home incarceration through the
imposition of supervision or participation in a community
corrections program created pursuant to article eleven-c, chapter
sixty-two of this code and serving the county of the offender's
home.
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§
62-11C-1. Legislative intent.
(a) The Legislature hereby declares that the purpose of this
article is to enable any county or any combination of counties to develop, establish and maintain community-based corrections
programs to provide the judicial system with sentencing and pre-
trial diversion alternatives for certain misdemeanants or
nonviolent felony offenders for whom the court may impose a jail
or prison sentence and who may require less than institutional
custody.
(b) The goals of developing community-based corrections
programs include:
(1) Allowing individual counties or combinations of counties
greater flexibility and involvement in responding to the problem
of crime in their communities;
(2) Providing more effective protection of society and
promoting efficiency and economy in the delivery of correctional
services;
(3) Providing increased opportunities for offenders to make
restitution to victims of crime through financial reimbursement;
(4) Permitting counties or combinations of counties to
operate programs specifically designed to meet the rehabilitative
needs of selected offenders;
(5) Providing appropriate pre-trial diversion and post-
sentencing alternatives in localities for certain offenders with
the goal of reducing the incidence of repeat offenders;
(6) Permitting counties or combinations of counties to designate community-based programs to address local criminal
justice needs;
(7) Diverting certain misdemeanants or nonviolent felony
offenders from the state regional jail or prison systems by
punishing them with community-based sanctions, thereby reserving
the state regional jail or prison systems for those offenders who
are deemed to be most dangerous to the community; and
(8) Promoting accountability of offenders to their
community.
§62-11C-2. Community corrections subcommittee.
(a) A community corrections subcommittee of the governor's
committee on crime, delinquency and corrections is hereby created
and assigned responsibility for screening community corrections
programs submitted by community criminal justice boards for
approval by the governor's committee and for making
recommendations as to the disbursement of funds for approved
community corrections programs. The subcommittee shall be
comprised of fifteen members of the governor's committee
including: a representative of the division of corrections, a
representative of the regional jail and correctional facility
authority, a person representing the interests of victims of
crime, an attorney employed by a public defender corporation, an
attorney who practices criminal law, a prosecutor and a member of the board of parole. At the discretion of the West Virginia
supreme court of appeals, the administrator of the supreme court
of appeals, a probation officer and a circuit judge may serve on
the subcommittee as ex officio members.
(b) The subcommittee shall elect a chairperson and a vice
chairperson. Special meetings may be held upon the call of the
chairperson, vice chairperson or a majority of the members of the
subcommittee. A majority of the members of the subcommittee
constitutes a quorum.
§62-11C-3. Duties of the governor's committee and the community
corrections subcommittee.
Upon recommendation of the community corrections
subcommittee, the governor's committee shall, by or pursuant to
rule:
(a) Provide funding for approved community corrections
programs;
(b) Establish standards for approval of community
corrections programs submitted by community criminal justice
boards;
(c) Establish minimum standards for community corrections
programs, including requiring annual program evaluation;
(d) Maintain records of approved community corrections
programs including the corresponding community criminal justice board contact information and annual program evaluations, when
available;
(e) Seek funding for approved community corrections programs
from sources other than the fees collected pursuant to section
four of this article; and
(f) Submit, on or before the thirtieth day of September of
each year, to the governor, the Speaker of the House of
Delegates, the President of the Senate, and upon request to any
individual member of the Legislature, a report on its activities
during the previous year and an accounting of funds paid into and
disbursed from the special revenue account established pursuant
to section four of this article.
§62-11C-4. Special revenue account.
(a) There is
hereby created in the state treasury a special
revenue account to be known as the "West Virginia community
corrections fund".
The West Virginia community corrections
fund
may receive any gifts, grants, contributions or other money from
any source which is specifically designated for deposit in the
fund.
(b) Beginning on the effective date of this article, in
addition to the fee required in section nine, article twelve of
this chapter, a fee not to exceed thirty dollars per month, based
upon the person's ability to pay, as determined by the magistrate or circuit judge, shall also be collected from those persons on
probation. The magistrate clerk or circuit clerk shall collect
all fees imposed pursuant to this subsection and deposit them in
a separate account. Within ten calendar days following the
beginning of the calendar month, the circuit clerk shall forward
the amount deposited to the state treasurer to be credited to the
West Virginia community corrections fund.
(c) The moneys of the West Virginia community corrections
fund shall be disbursed by the governor's committee on crime,
delinquency and corrections, upon recommendation by the community
corrections subcommittee, for the funding of community
corrections programs and to pay expenses of the governor's
committee in administering the provisions of this article, which
expenses may not in any fiscal year exceed ten percent of the
funds deposited to the special revenue account during that fiscal
year.
(d) Any disbursements from the West Virginia community
corrections fund allocated for community corrections programs by
the governor's committee may be made contingent upon local
appropriations or gifts in money or in kind for the support of
the programs. Any county commission of any county may
appropriate and expend money for establishing and maintaining
community corrections programs.
(e) Nothing in this article may be construed to mandate
funding for the West Virginia community corrections fund or to
require any appropriation by the Legislature.
§
62-11C-5. Establishment of programs.
(a) Any county or combination of counties that seek to
establish programs as authorized in subsection (b) of this
section shall submit plans and specifications for the programs
to be established, including proposed budgets, for review and
approval.
(b) Any county or combination of counties may establish and
operate an approved community corrections program to provide
alternative sanctioning options for an offender who is:
(1) Convicted of a misdemeanor or nonviolent felony offense
for which he or she may be sentenced to a period of incarceration
in a county or regional jail or a state correctional facility; or
(2) Not charged with a violent offense or an offense
described in section two, article five, chapter seventeen-c of
this code and, prior to trial, has entered into a written
agreement with the prosecutor which requires his or her
supervision or participation in a community corrections program
in return for diversion of prosecution.
(c) Community corrections programs authorized by subsection
(a) of this section may include any of the following services:
(1) Pre-trial release programs;
(2) Pre-trial diversion programs;
(3) Probation supervision programs;
(4) Day fine programs;
(5) Community service restitution programs;
(6) Home incarceration programs;
(7) Substance abuse treatment programs;
(8) Sex offender containment programs;
(9) Domestic violence offender treatment programs; or
(10) Day reporting centers.
(d) For purposes of this section, the phrase "may be
sentenced to a period of incarceration" means that the statute
defining the offense provides for a period of incarceration as a
possible penalty.
(e) No provision of this section may be construed to limit
the prosecutor's discretion to prosecute an individual who has
not fulfilled the terms of the pre-trial diversion agreement in
subsection (b) of this section by not completing the required
supervision or participation in a community corrections program.
(f) No provision of this article may be construed to allow
a person participating in or under the supervision of a community
corrections program to earn "good time" or any other reduction in
sentence.
§
62-11C-6. Community criminal justice boards.
(a) Each county or combination of counties that seek to
establish community-based corrections services shall establish a
community criminal justice board. The county commission or
county commissions of the counties to be represented by a
community criminal justice board shall appoint members to the
board.
(b) The board is to consist of ten to twenty members who are
all residents of the county or counties to be represented by the
board as follows:
(1) The sheriff, or if the board represents more than one
county, at least one sheriff from the counties represented;
(2) The prosecutor, or if the board represents more than one
county, at least one prosecutor from the counties represented;
(3) If a public defender corporation exists in the county or
counties represented, at least one attorney employed by any
public defender corporation existing in the counties represented;
(4) At least one member from the local board of education,
or if the board represents more than one county, at least one
member of the board of education of the counties represented;
(5) At least one member with a background in mental health
care and services; and
(6) At least one member who can represent the victims of crime.
(c) At the discretion of the West Virginia supreme court of
appeals, any or all of the following people may serve on a
community criminal justice board as ex officio members:
(1) A circuit judge from the county or counties represented;
(2) A magistrate from the county or counties represented; or
(3) A probation officer from the county or counties
represented.
(d) Community criminal justice boards may:
(1) Provide for the purchase, development and operation of
community corrections services;
(2) Coordinate with local probation departments in
establishing and modifying programs and services for offenders;
(3) Evaluate and monitor community corrections programs,
services and facilities to determine their impact on offenders;
and
(4) Develop and apply for approval of community corrections
programs by the governor's committee on crime, delinquency and
corrections.
(e) If a community criminal justice board represents more
than one county, the membership of the board, excluding any ex
officio members, shall include an equal number of members from
each county.
(f) If a community criminal justice board represents more
than one county, the board shall, in consultation with the county
commissions of each county represented, designate one county
commission as the fiscal agent of the board. All funds
appropriated by the governor's committee for approved community
corrections programs are to be received by the treasurer of the
designated county and expended by order of the designated
county's commission upon recommendation of the community criminal
justice board in furtherance of the operation of an approved
community corrections program.
(g) A county commission may require a community criminal
justice board to render an accounting, at such intervals as the
county commission may designate, of the use of money, property,
goods and services made available to the board by the county
commission and to make available at quarterly intervals an
itemized statement of receipts and disbursements, and its books,
records and accounts during the preceding quarter, for audit and
examination pursuant to article nine, chapter six of this code.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§62-11C-1 through 6 are new; therefore, strike-throughs and
underscoring have been omitted.