Enrolled Version - Final Version
House Bill 4634 History
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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
H. B. 4634
(By Delegates Cann, Ennis, Swartzmiller, Stalnaker,
Stemple, Craig and Kominar)
[Passed March 13, 2004; in effect ninety days from passage.]
AN ACT to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §7-8-14, relating to
requiring persons incarcerated in county or regional jails who
have been convicted of a misdemeanor to pay for the costs of
up to thirty days of their incarceration; requiring
determination of ability to pay; and allowing for modification
of assessment based upon need.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §7-8-14, to read as
follows:
ARTICLE 8. JAIL AND JAILER.
§7-8-14. Reimbursement for costs of incarceration.
(a) Notwithstanding any provision to the code to the contrary
and in addition to any fine, cost assessment or fee authorized or
required to be imposed upon a person by virtue of his or her conviction of a criminal provision of this code, or a lawfully
enacted ordinance of a political subdivision of this state, a
person so convicted and incarcerated in a regional jail by virtue
of said conviction may be assessed the costs of up to thirty days
of his or her incarceration.
(b) Prior to any person being required to pay the cost of his
or her incarceration pursuant to the provisions of subsection (a)
of this section, a hearing shall be held before the sentencing
court to determine his or her ability to pay. The court may not
sentence a defendant to pay his or her costs of incarceration
unless he or she is or in the foreseeable future will be able to
pay them. In determining the amount and method of payment of
costs, the court shall take account of the financial resources of
the defendant and the nature of the burden that payment of costs
will impose.
(c) A defendant who has been sentenced to pay costs and who is
not in willful default in the payment of the costs may at any time
petition the sentencing court for remission of the payment of costs
or of any unpaid portion of the costs. If it appears to the
satisfaction of the court that payment of the amount due will
impose manifest hardship on the defendant or the defendant's family
or dependents, the court may excuse payment of all or part of the
amount due in costs, or modify the method of payment.
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