H. B. 3213
(By Delegates Frazier, Fleischauer, Ellem,
Moore, Hunt, Wooton and Miley)
[Introduced March 18, 2009; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §62-11B-7a of the Code of West
Virginia, 1931, as amended, relating to allowing the county
commission to elect whether the sheriff or the local community
corrections program may supervise the home incarceration
program if the county has a community corrections program.
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
may designate the county sheriff to supervise offenders ordered to
undergo home incarceration and to administer the county's home
incarceration program,
unless the county has a community correction
program provided in section five, article eleven-c, chapter sixty-two of this code, in which case the county commission shall
designate whether the sheriff or program should oversee the 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. Unless otherwise specified, the use
of the term "supervisor" in this article shall refer to a home
incarceration supervisor.
NOTE: The purpose of this bill is to allow a county commission
to elect whether the sheriff or the local community corrections
program may supervise the home incarceration program if the county
has a community corrections program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.