Senate Bill No. 590
(By Senators Kessler, McKenzie and Bowman)
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[Introduced February 20, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend and reenact §62-11B-7a of the code of West
Virginia, 1931, as amended, relating to designating local
community criminal justice boards as a home incarceration
supervisor.
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
who shall
be subject to the supervision of the sheriff or the local community
criminal justice board with the approval of the circuit court and
who shall be subject to as a home incarceration supervisor or may
designate the supervision of the
county sheriff
or the local
community criminal justice board 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. Any person so supervising shall have
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 participant
when reasonable cause exists to
believe that such 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 authorize county
commissions to designate local community criminal justice boards to
supervise offenders ordered to undergo home incarceration.
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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