COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 370
(By Senator Kessler)
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[Originating in the Committee on the Judiciary;
reported March 6, 2009.]
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A BILL to amend and reenact §62-11C-4 and §62-11C-7 of the Code of
West Virginia, 1931, as amended, all relating to community
corrections fees generally; clarifying that circuit clerks,
magistrate clerks, municipal court clerks or his or her
designee are all authorized to collect certain fees imposed
pursuant to this article; and permitting only a community
criminal justice board to have the authority to require the
payment of a supervisory fee by anyone participating in a
community corrections program.
Be it enacted by the Legislature of West Virginia:
That §62-11C-4 and §62-11C-7 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.
§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. Expenditures from the fund are for the purposes
set forth in subsection (e) of this section and are not authorized
from collections but are to be made only in accordance with
appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
five-a of this code. 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 first day of July, two thousand six, in
In addition to the fee required in section nine, article twelve of
this chapter, a fee not to exceed
thirty-five dollars $35 per
month, unless modified by legislative rule as provided in section
three of this article, is also to be collected from those persons
on probation. This fee is to be based upon the person's ability to
pay. The magistrate or circuit judge shall conduct a hearing prior
to imposition of probation and make a determination on the record
that the offender is able to pay the fee without undue hardship.
The magistrate
clerk or clerk, deputy magistrate clerk, magistrate
assistant, circuit clerk
or deputy 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 magistrate clerk or circuit clerk shall
forward the amount deposited to the State Treasurer to be credited
to the West Virginia Community Corrections Fund.
(c)
Beginning on the first day of July, two thousand seven, in
In addition to the fee required in section five, article eleven-b
of this chapter, a fee of
two dollars fifty cents $2.50 per day is
to be collected from those persons on home incarceration. The
circuit judge, magistrate or municipal court judge shall consider
the person's ability to pay in determining the imposition of the
fee. The circuit clerk, magistrate
clerk or clerk, municipal court
clerk
or his or her designee 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 clerk, magistrate clerk or municipal court
clerk shall forward the amount deposited to the State Treasurer to
be credited to the West Virginia Community Corrections Fund.
(d)
Beginning on the first day of July, two thousand six, in
In addition to the usual court costs in any criminal case taxed
against any defendant convicted in a municipal, magistrate or
circuit court, excluding municipal parking ordinances, a
ten-dollar
$10 fee shall be added. The circuit clerk, magistrate
clerk or
clerk, municipal court clerk
or his or her designee 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, magistrate court clerk
and the municipal court clerk shall forward the amount deposited to
the State Treasurer to be credited to the West Virginia Community
Corrections Fund.
(e) The moneys of the West Virginia Community Corrections Fund are to be disbursed by the Governor's Committee on Crime,
Delinquency and Correction, 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.
(f) 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 or the governing body
of a municipality may appropriate and expend money for establishing
and maintaining community corrections programs.
§62-11C-7. Supervision or participation fee.
(a) A
circuit judge, magistrate, municipal court judge or
community criminal justice board may require the payment of a
supervision or participation fee from any person required to be
supervised by or participate in a community corrections program.
The
circuit judge, magistrate, municipal court judge or community
criminal justice board shall consider the person's ability to pay
in determining the imposition and amount of the fee.
(b) All fees ordered by the
circuit court or community
criminal justice board pursuant to this section are to be paid to
the
circuit clerk community criminal justice board, who shall
monthly remit the fees
monthly to the treasurer of the county designated as the fiscal agent for the board pursuant to section
six of this article.
All fees ordered by the magistrate court
pursuant to this section are to be paid to the magistrate clerk,
who shall monthly remit the fees to the treasurer of the county
designated as the fiscal agent for the board pursuant to said
section. All fees ordered by the municipal court judge pursuant to
this section are to be paid to the municipal court clerk who shall
monthly remit the fees to the treasurer of the county designated as
the fiscal agent for the board pursuant to section six of this
article.
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