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SB590 SUB1 Senate Bill 590 History

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Key: Green = existing Code. Red = new code to be enacted
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 designating local community criminal justice boards as 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.

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(NOTE: The purpose of this bill is to authorize county commissions to designate local community criminal justice boards to supervise offenders ordered to undergo home incarceration.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.)
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