ENGROSSED
H. B. 2663
(By Delegates Trump, Ellis, Faircloth, Manuel,
Staton, Ashley and Burk)
[Introduced March 22, 1993; referred to the
Committee on Political Subdivisions.]
A BILL to amend and reenact article one, chapter seven of the
code of West Virginia, one thousand nine hundred thirty-one,
as amended, by adding thereto a new section, designated
section thirteen, relating to the filing of suits by county
commissions to recover expenses incurred for the upkeep
incarcerated misdemeanants.
Be it enacted by the Legislature of West Virginia:
That article one, chapter seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirteen, to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-13. County commissions authorized to recoup expenses of
confinement of persons incarcerated in regional or
county jails.
County commissions are hereby authorized to file suits in
circuit court against any person who has been convicted of amisdemeanor and who has been incarcerated in a county holding
facility or county or regional jail to obtain judgment for all
expenses incurred in the upkeep of the incarcerated person. The
county commission is further authorized to take all legal action
which is incidental to the collection of those expenses. Any
order of restitution and the assessment of prosecution costs
against the person shall have priority over a suit to recover
upkeep expenses:
Provided,
That any such suit to recover those
jail expenses must be filed no later than within one year from
the date of the defendant or misdemeanant's release from the
county holding facility or county or regional jail.