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 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 jail expenses incurred for the upkeep
of 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 a
misdemeanor and who has been incarcerated in a county or regionaljail to obtain judgment for all expenses incurred in the jail
upkeep of the incarcerated person. The county commission is
further authorized to take all legal action which is incidental
to the collection of those jail expenses. Any order of
restitution and the assessment of prosecution costs against the
person shall have priority over a suit to recover jail 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
or regional jail.
NOTE: The purpose of this bill is to authorize county
commissions to obtain judgments against incarcerated
misdemeanants for expenses of jail upkeep.
POLITICAL SUBDIVISIONS COMMITTEE AMENDMENTS
On page one, section thirteen, line twenty-seven, following
the word "a", by inserting the words "county holding facility
or".
On page two, section thirteen, line one, following the word
"the", by striking out the word "jail".
On page two, section thirteen, line four, by striking out
the word "jail".
On page two, section thirteen, line six, by striking out the
word "jail".
On page two, section thirteen, line seven, by striking out
the word "jail";
And,
On page two, section thirteen, line nine, following the
second word "the", by inserting the words "county holding
facility or".