ENROLLED
H. B. 4018
(By Mr. Speaker, Mr. Kiss and Delegate Trump)
[By Request of the Executive]
[Passed March 10, 2006; in effect from passage.]
AN ACT to amend and reenact §62-11C-2 and §62-11C-4 of the Code of
West Virginia, 1931, as amended, all relating to the community
corrections subcommittee of the Governor's Committee on Crime,
Delinquency and Correction; meetings; funding.
Be it enacted by the Legislature of West Virginia:
That §62-11C-2 and §62-11C-4 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-2. Community corrections subcommittee.
(a) A community corrections subcommittee of the Governor's
Committee on crime, delinquency and correction is hereby created
and assigned responsibility for screening community corrections
programs submitted by community criminal justice boards or from
other entities authorized by the provisions of this article to do so for approval for funding by the Governor's Committee and for
making recommendations as to the disbursement of funds for approved
community corrections programs. The subcommittee is to be
comprised of fifteen members of the Governor's Committee including:
A representative of the Division of Corrections, a representative
of the Regional Jail and Correctional Facility Authority, a person
representing the interests of victims of crime, an attorney
employed by a public defender corporation, an attorney who
practices criminal law, a prosecutor and a representative of the
West Virginia coalition against domestic violence. At the
discretion of the West Virginia Supreme Court of Appeals, the
Administrator of the Supreme Court of Appeals, a probation officer
and a circuit judge may serve on the subcommittee as ex officio,
nonvoting members.
(b) The subcommittee shall elect a chairperson and a vice
chairperson. The subcommittee shall meet quarterly. Special
meetings may be held upon the call of the chairperson, vice
chairperson or a majority of the members of the subcommittee. A
majority of the members of the subcommittee constitute a quorum.
§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
addition to the fee required in section nine, article twelve of
this chapter, a fee not to exceed thirty-five dollars 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 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 effective date of this article, in
addition to the fee required in section five, article eleven-b of
this chapter, a fee not to exceed five dollars per day, unless
modified by legislative rule as provided in section three of this article, is also 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 and amount of the fee. The circuit clerk, magistrate
clerk or municipal court 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 circuit 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
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 fee shall be added. The circuit clerk, magistrate clerk or
municipal court 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
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.
(g) Nothing in this article may be construed to mandate
funding for the West Virginia Community Corrections Fund or to
require any appropriation by the Legislature.
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