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Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 590
(By Senators Kessler, McKenzie and Bowman)
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[Originating in the Committee on the Judiciary;
reported February 25, 2004.]
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A BILL to amend and reenact §62-11B-7a of the code of West
Virginia, 1931, as amended, relating to home incarceration
supervisors; allowing a local community criminal justice board
to be designated as a home incarceration supervisor; and
prohibiting felons and persons that have been guilty of
infamous or notoriously disgraceful conduct or who have been
dismissed from public service for delinquency or misconduct
from being employed as or designated a home incarceration
supervisor.
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 who shall
be subject to the supervision of the sheriff or the local community
criminal justice board with the approval of the circuit court and who shall be subject to as a home incarceration supervisor or may
designate the supervision of the county sheriff or the local
community criminal justice board as a home incarceration supervisor
or 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
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 participant has violated the conditions of his or
her home incarceration. Unless otherwise specified, the use of the
term "supervisor" in this article shall refer to a home
incarceration supervisor.
No person who has been convicted of a felony, has been guilty
of infamous or notoriously disgraceful conduct or who has been
dismissed from public service for delinquency or misconduct may be
employed as or designated a home incarceration supervisor.