H. B. 3023
(By Delegates Stephens, Sobonya and Marshall)
[Introduced February 13, 2007; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-11B-7a of the Code of West
Virginia, 1931, as amended, relating to home incarceration
supervisors; and authorizing home incarceration supervisors to
arrest persons who obstruct them in the performance of their
duties.
Be it enacted by the Legislature of West Virginia:
That §62-11B-7a of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-7a. Employment by county commission of home incarceration
supervisors; authority of supervisors.
The county commission may employ one or more persons, with the
approval of the circuit court,
and who
shall be is subject to the
supervision of the sheriff as a home incarceration supervisor, or
the commission may designate the county sheriff to supervise offenders ordered to undergo home incarceration and to administer
the county's home incarceration program. Any person so supervising
shall have has authority equivalent to that granted to a probation
officer, pursuant to section ten, article twelve of this chapter,
to arrest a home incarceration participant when reasonable cause
exists to believe that
such the participant has violated the
conditions of his or her home incarceration,
or any other person
who obstructs the supervisor in the performance of his or her
duties. Unless otherwise specified, the use of the term
"supervisor" in this article
shall refer refers to a home
incarceration supervisor.
NOTE: The purpose of this bill is to authorize home
incarceration supervisors to arrest persons who obstruct them in
the performance of their duties.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.