COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 203
(By Senators Love, Hunter and Bailey)
____________
[Originating in the Committee on Finance;
reported February 25, 2000.]
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A BILL to amend and reenact section fourteen, article one,
chapter twenty-five of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the electronic monitoring of offenders; permitting use of
electronic monitoring equipment to aid in supervision of
parolees; providing for the use of fees collected in the
program; and clarifying restrictions on the types of
equipment that may be used.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article one, chapter twenty-five of
the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. ORGANIZATION AND INSTITUTIONS.
§25-1-14. Electronic monitoring of offenders; special account.
The commissioner
is authorized to may use electronic
monitoring equipment to aid in the supervision of
inmates
offenders. Inmates The commissioner shall charge offenders
subject to supervision by means of electronic monitoring
equipment
shall be charged a reasonable fee, to be established
under a legislative rule promulgated by the commissioner pursuant
to
article three, chapter twenty-nine-a of this code, to help
defray the costs of the purchase and use of
such the equipment
and the division of correction's operational costs: Provided,
That an
inmate's offender's inability to pay a fee
will does not
preclude the
inmate offender from being eligible for this
program.
All
moneys fees collected
as such fees shall be deposited in
a special account
which is hereby created in the state treasury
Such account shall be designated
as the "electronic monitoring
program account".
and The funds deposited in
such the account
shall may be used by the commissioner only for the operation of
the program
and for the administration of the division of
corrections.
"Electronic monitoring equipment" means an electronic device
or apparatus approved by the
department division of corrections
which is
limited in capability to capable of recording or
transmitting information
as to regarding the
furloughed inmate's
offender's presence or nonpresence in a designated area.
Such
The device
must shall be minimally intrusive.
Except to the
extent provided in this section, the
The department division of
corrections shall not approve any monitoring device which is
capable of recording or transmitting (i) visual images,
except
for that of a still image of the offender that can only be
transmitted by the offender triggering the monitoring system,
(ii) oral or wire communications or any auditory sound, or
(iii)
(ii) information as to the
furloughed inmate's offender's
activities while he or she is within the designated area.
A
monitoring device may transmit information regarding blood
alcohol levels. The monitoring device shall not be used to
eavesdrop or record any conversation: Provided, That
conversations between the offender and the person supervising the
offender may be recorded solely for purpose of voice
identification.
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