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Engrossed Version Senate Bill 729 History

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SB729 SUB1 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 729

(By Senators Facemyer, Bowman, Edgell, Love, Guills, Jenkins, Plymale, Foster, Sharpe, Minear and Chafin)

____________

[Originating in the Committee on the Judiciary;

reported March 29, 2005.]

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A BILL to amend and reenact §62-11B-4 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate courts to order home incarceration as a condition of bail when doing so consistent with guidelines promulgated by the Supreme Court of Appeals.

Be it enacted by the Legislature of West Virginia:
That §62-11B-4 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 11B. HOME INCARCERATION ACT.
§62-11B-4. Home incarceration; period of home incarceration; applicability.

(a) As a condition of probation or bail or as an alternative sentence to another form of incarceration for any criminal violation of this code over which a circuit court or magistrate court has jurisdiction, a circuit court or magistrate court may order an offender confined to the offender's home for a period of home incarceration. As an alternative sentence to incarceration in jail, a magistrate may order an adult offender convicted of any criminal violation under this code, over which a magistrate court has jurisdiction, be confined to the offender's home for a period of electronically monitored home incarceration: Provided, That electronic monitoring may not be required in a specific case if a circuit court or magistrate court upon petition thereto finds by order that electronic monitoring is not necessary.
(b) The period of home incarceration may be continuous or intermittent, as the circuit court or magistrate court orders, or continuous except as provided by section five of this article, if ordered by a magistrate. However, the aggregate time actually spent in home incarceration may not exceed the term of imprisonment or incarceration prescribed by this code for the offense committed by the offender.
(c) A grant of home incarceration under this article constitutes a waiver of any entitlement to deduction from a sentence for good conduct under the provisions of section twenty-seven, article five, chapter twenty-eight of this code.
(d) When imposing home incarceration as a condition of bail, a magistrate shall do so consistent with guidelines promulgated by the Supreme Court of Appeals.
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