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Introduced Version House Bill 3213 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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