WEST virginia legislature
2018 regular session
Committee Substitute
for
House Bill 4276
By Delegates Canestraro, Hanshaw, Shott, Isner, R. Miller, Robinson and Frich
[Reported February 5, 2018; Referred to the Committee on the Judiciary.]
A BILL to amend and reenact §62-11A-1 of the Code of West Virginia, 1931, as amended, relating to allowing magistrates to grant work release privileges.
Be it enacted by the Legislature of West Virginia:
ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.
§62-11A-1. Release for work and other purposes by courts of record with criminal jurisdiction.
(a) When a defendant is sentenced or committed for a term of one year or less by a court of record having criminal jurisdiction, the court may in its order grant to the defendant the privilege of leaving the jail during necessary and reasonable hours for any of the following purposes:
(1) To work at his or her employment;
(2) To seek employment;
(3) To conduct his or her own business or to engage in other self-employment, including housekeeping and attending to the needs of his or her family;
(4) To attend an educational institution;
(5) To obtain medical treatment;
(6) To devote time to any other purpose approved of or ordered by the court, including participation in the litter control program of the county unless the court specifically finds that this alternative service would be inappropriate.
(b) When a defendant is sentenced or committed for a term of one year or less by a magistrate of the state of West Virginia having criminal jurisdiction, the court may in its order grant to the defendant the privilege of leaving the jail during necessary and reasonable hours to work at his or her employment.
(b)
(c) Whenever an inmate who has been granted the privilege of leaving the
jail under this section is not engaged in the activity for which the leave is
granted, he or she shall be confined in jail.
(c)
(d) An inmate sentenced to ordinary confinement may petition the court
at any time after sentence for the privilege of leaving jail under this section
and may renew his or her petition in the discretion of the court. The court may
withdraw the privilege at any time by order entered with or without notice.
(d)
(e) If the inmate has been granted permission to leave the jail to seek
or take employment, the court's probation officers or, if none, the jail shall
assist him or her in obtaining suitable employment and in making certain that
employment already obtained is suitable. Employment shall not be deemed
suitable if the wages or working conditions or other circumstances present a
danger of exploitation or of interference in a labor dispute in the
establishment in which the inmate would be employed.
(e)
(f) An inmate who is serving his or her sentence pursuant to this
section shall be eligible for a reduction of his or her term for good behavior
and faithful performance of duties in the same manner as if he or she had
served his or her term in ordinary confinement.
(f)(g) The court shall not make an order
granting the privilege of leaving the institution under this section unless it
is satisfied that there are adequate facilities for the administration of such
privilege in the jail or other institution in which the defendant will be
confined.
(g)
(h) In every case wherein the defendant has been convicted of an
offense, defined in section twelve, article eight, chapter sixty-one of this
code or in article eight-b or eight-d of said chapter against a child, the
defendant shall not live in the same residence as any minor child, nor exercise
visitation with any minor child and shall have no contact with the victim of
the offense: Provided, That the defendant may petition the court of the
circuit wherein he or she was so convicted for a modification of this term and
condition of this probation and the burden shall rest upon the defendant to
demonstrate that a modification is in the best interest of the child.
NOTE: The purpose of this bill is to allow magistrates to grant work release privileges.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.