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SB729 SUB1 enr ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 729
(Senators Facemyer, Bowman, Edgell, Love, Guills, Jenkins, Plymale, Foster, Sharpe, Minear and Chafin, original sponsors)
____________
[Passed April 9, 2005; to take effect July 1, 2005.]
____________

AN ACT to amend and reenact §62-11B-4 of the Code of West Virginia, 1931, as amended, relating to home confinement; authorizing magistrate courts to order home incarceration as a condition of bail; authorizing magistrate courts to order home incarceration intermittently; and requiring magistrate court orders of home incarceration as a condition of bail be done consistent with Supreme Court guidelines.

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 has jurisdiction, a circuit 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 for any criminal violation of this code over which a magistrate court has jurisdiction or as a condition of bail for a criminal violation of this code over which a magistrate court has jurisdiction to set bail, a magistrate may order an offender 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 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. 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.